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"Nastygrams, Freedom of Speech, and Starfleet: 
A Volatile Combination"
by Mandi Herrmann, USS RUTLEDGE, Region 1


Recently, as many of you are aware, I was the victim of a "nastygram" that was sent to various parties around the fleet. As I sat back and watched the response from my fellow fleeters, I begin mulling a few things over in my head. Hence, this brief article for Area 52. Now, I'm going to say something that you might find just a tad bit controversial, somewhat shocking, and I'll probably be ordered for a mental evaluation by my Commanding Officer. Okay, here goes... Dr. Dave (and others) have an absolute right to voice their opinions and express themselves. However, with all rights come limitations and responsibility for one's actions.

Throughout my years in Starfleet, I've heard many a member say to various EC members and even Listserv Administrators, "You think you can counter my Constitutional right to Free Speech?" Well, with this editorial, I hope to clear up this common misconception regarding this "Right to Free Speech." 

No, I'm not a lawyer, but I've taken numerous law and civil liberties classes, and might one day go to law school. Nevertheless, I hope to shed some light on this subject. First of all, let's read what the First Amendment to the U.S. Constitution states:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Okay, so what does this have to do with STARFLEET? A heck of lot! Many folks I know (even close friends of mine), seem to think that they can run off at the mouth (or is that keyboard), and send out whatever hate-filled, poisonous, slanderous, letters and emails without having to account for what is said because they have the "right to free speech." Wrong! 

Controversial, Yes. 

Alright, let's go back to the quoted amendment for a quick grammar lesson. Remember subjects and verbs? The subject of the amendment is "Congress." 

Therefore, "Congress shall make no law... abridging the freedom of speech." So, therefore, the Constitution addresses freedom of speech by stating that it is protected from interference from Government, not private organizations, companies, etc.

So, the "Constitutional right to Free Speech" that so many tout as an all-out excuse to harass others and slander them maliciously does not exist in a private organization. For example, America OnLine has a policy that emails sent not be harassing. For this reason, it can suspend a members access. Why? Because it is a private corporation.

Now, I'm not saying that the organization, be it McDonald's Corporation, the United Way, or STARFLEET should censor its members or employees and have a "thought police." We've seen that happen in this organization before. We've seen those who expressed concerns be silenced or threatened because the leadership didn't like being asked simple questions and reminded of its responsibility. After all, every member of STARFLEET has the "Right to voice your opinion at any level of STARFLEET."

However, when it becomes harassing and admittingly so when statments like "Harassing your administration and officers??!! It's only JUST beginning!!" are being thrown about, then yes, the organization does indeed have a right to ensure that individuals are are not being maliciously attacked and harassed. So, it is a fine line that leadership has to follow when in a situation like this. 

Each individual must take responsibility for their words and actions. 

Remember the third Officer's Code of Conduct, "I will show courtesy to my subordinates, fellow officers, and superior officers at all times." Next time you get angry at someone and dash to your computer, typewriter, or the telephone, remember that you are responsible for what you say or
write. 

Don't get me wrong. I'm a strong advocate for free expression of thought.

I've fought for this in this organization. I just wanted to clear up a few misconceptions and remind everyone that you win more flies with honey than with vinegar. 

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only with permission granted from the AREA 52 Administrator.  Thank you for your cooperation.