One of the eight Values of Expression is to promote innovation. Innovation is the act of creating a new idea or invention, or simply envisioning a redesign for an already existing concept or product. This reflects the beliefs of the man who developed this argument, Jack Balkin, as he argues the interpretation of the Constitution is fluid. A society that promotes this also promotes freedom of speech as the two are related as the First Amendment allows citizens to fulfill themselves in a variety of ways.
Personally, I believe that this is the most important of all the values because an innovative society is one full of creative and educated individuals who can live life to the fullest and happiest extent. I am a creative person and so I enjoy promoting and seeing others promote a society of innovation as it allows me and others like me to freely express ourselves. The concept of freedom of speech also allows me to be expressive as I can portray my values and beliefs through my creative outlet.
According to Balkin, originalism and living constitutionalism can be intertwined. Living constitutionalism is the idea that the interpretation of the Constitution is dynamic and can be altered from generation to generation as the future generation almost never holds the same beliefs as the previous one. His concept of originalism is along the same train of thought as the original meaning of the Constitution does not determine its meaning to later generations. How does this relate to how freedom of speech lets people be creative?
Freedom of speech is not literally about speaking; it relates to all the different ways in which a person can communicate. I am a photographer and I communicate visually more often than with words. Therefore, the First Amendment protects my right to photograph and present what I want if I follow the assorted laws of private property, etc. This goes for anyone who expresses themselves through any assortment of mediums such as painting, music, social media, and so on. This is also one of the most anticipated elements of America for immigrants as the “Land of Opportunity” because of these rights that they can have to live their lives to the fullest and be successful in their endeavors.
I believe that the for our society to be as adaptable and innovative as possible, we need to interpret the Constitution within the context of our time so as to maximize our rights.
Sources:
https://lawliberty.org/jack-balkin-on-originalism-and-living-constitutionalism/
