Promoting Innovation

All of the eight values of free expression are meaningful to people in a certain way. The one I believe is the most meaningful and even underappreciated speech theory is Promote Innovation. This speech theory is identified to be when free speech in a community is valued and protected, that community is likely to be more energized, creative, and interesting as the citizens in the community strive to fulfill themselves in many diverse ways. This speech theory is best explained in Jack Balkin's Living Originalism.

Jack Balkin is a professor of constitutional law and the first amendment at Yale Law School. Balkin's Living Originalism is an interpretation of the Constitution that goes in depth on two rival theories explained in the constitution. The first theory is originalism which claims the constitution should be read with the thought in mind of what the framers of the constitution were thinking at the time it was published. The rival theory is living constitutionalism which encourages judges to read the constitution in light of contemporary understandings and what is going on in society. The two are rival theories but according to Balkin they fail to capture how the constitution must be read within the democracy that the United States has.

In the book, Balkin claims that these two theories are not necessarily in conflict but are rather compatible with each other. These theories help Balkin come up with his own constitutional theory that demonstrates a modern interpretation of the constitution through modern thoughts on civil rights and liberties, along with thoughts of national security, health, safety, and the environment. Today, there are many Americans who believe that they must interpret the constitution as it was thought out to be by the frame workers when they wrote it. But if that is how people think of the constitution then how diverse can people thoughts be? People should want to interpret the constitution with their own beliefs on topics like constitutional law and free speech. If everyone in a community had their own separate view on the constitution it would for sure promote innovation within the community because people would be more creative and diverse with their constitutional rights.

This is why promoting innovation is important especially within a community. If everyone thought the same thing their would not be any opportunity to fulfill yourself as a human being under the constitution. And so, promoting innovation is an underappreciated thought that should run through people minds when thinking about their intepretation of the constitution.

https://www.hup.harvard.edu/catalog.php?isbn=9780674416925