By Darren Smith, Weekend Contributor
With the coming this week of this year’s Independence Day, I thought we would revisit an article from 2016 and pose a question to you. Does the use of fireworks constitute protected free speech?
A tradition spanning multiple generations in the United States is that a large portion of our society celebrates and shows tribute to the United States through the lighting and observance of fireworks. Yet numerous municipalities and counties impose sweeping and total bans of fireworks. Some statutes regulate the type of firework allowable, such as those having a ferocity that safety requires certified technicians. Others ban benign devices such as snakes and small fountains.
But does a complete ban on fireworks regardless of size constitute an infringement on the first amendment rights of citizens?
Municipalities having such total bans often provide or at least facilitate public exhibitions of professional fireworks displays. An esoteric argument can be made that such locations may constitute an exclusive free-speech zone permitted by the state whereas the private celebrations and expressions on private property by individuals are not permitted.
The usual argument for fireworks prohibition is that fires result from their usage and the state has an interest in preventing accidents. But can the state argue that the danger is so inherent that all fireworks must be prohibited; thus removing this free speech right?
By Darren Smith
The views expressed in this posting are the author’s alone and not those of the blog, the host, or other weekend bloggers. As an open forum, weekend bloggers post independently without pre-approval or review. Content and any displays or art are solely their decision and responsibility.
F*cking Ghouliani fake hero Zionist tool support terrorist group MEK. Calls for overthrow of Iranian gov – fine whatever so long as we don’t spend US $$ and blood for Israeli Zionist bs
https://www.theguardian.com/us-news/2018/jun/30/rudy-giuliani-mek-iran-paris-rally
whoops meant to post this rant on another subject
Autumn – as long as you admit it is a rant. 😉
Laws are by necessity “one size fits all”, which is why local control is better than centralized control. Avoid concentrations of power. Large parts of this country are actually not very flammable. Great! In those areas, go for it. But living in rural OR I can’t help but notice the trees. Summers here are dry-California dry. We’d like to stop it, at least limit it, but reality is, just keep your fingers crossed.
(music tot he tune of Morning Has Broken–)
Fireworks are sacred.
Life without heaven.
If I can’t light one…
We all go to Hell.
Those who deniy us…
They are on sterioids..
They eat mushrooms…
And they’ll fade away!
We need more fireworks.
We need more laughter.
Our kids need substance
And they call out shame.
Go down the street and buy ’em from the Indians.
And payoff, Benson!
Why was this format nuked?
If this represents punitive formatting, comments and/or commenters should simply have been precluded?
Bizarre.
A comprehensive format change and still no “edit?”
Nothing denigrates the rights and freedoms of a people than attaching this sort of nonsense. The freedom of speech is, in essence, sacred. When associated with fireworks it gets diluted and attracts the same ilk that cherry picks the second amendment-the second half only, the perverse interpretation of ‘arms’, and the cold dead hands routine. I am sure that the founding fathers had more sense. Their cold dead remains are probably shedding a few tears at our present state of affairs.
You took the words right out of my mouth. Lighting fireworks isn’t ‘speech’, so it’s a moot point. Granted, we were their example, but many millennials and some adults seem to think simply hearing the word ‘no’ violates their civil rights (thanks, helicoptor parents!). We all know it’s absurd, let’s hope our legislative and judicial branches continue to, as well.
“Lighting fireworks isn’t ‘speech’, so it’s a moot point.”
Lighting fireworks can be expressive in some cases, and therefore a form of “speech” under the 1st Amendment. For example, if fireworks are used on July 4 in celebration of the birth of the nation, that’s “speech.” So, Darren Smith isn’t answered that easily.
ACLU: First Amendment protection is not limited to “pure speech” — books, newspapers, leaflets, and rallies. It also protects “symbolic speech” — nonverbal expression whose purpose is to communicate ideas.
Fireworks are mostly used for fun and excitement, nothing is being expressed. An argument can be made that they are form of speech specifically on July 4, but that’s as far as it can go. And even then, reasonable restrictions can be imposed on the basis of safety. What we normally think of as (protected) “speech” never results in immediate property damage, injury, and possibly death.
I wouldn’t call this free:
CPSC staff received an average of 7.1 reports of fireworks-related deaths per year
between 2001 and 2016.
Fireworks were involved in an estimated 11,100 injuries treated in U.S. hospital
emergency departments during calendar year 2016 (95 percent confidence interval
8,400–13,900). The estimated rate of emergency department-treated injuries is 3.4
per 100,000 individuals in the United States.
An estimated 7,600 fireworks-related injuries (or 68 percent of the total estimated fireworks-related injuries in 2016) were treated in U.S. hospital emergency departments during the 1-month special study period between June 18, 2016 and July 18, 2016 (95 percent confidence interval 5,300–9,900).
Fireworks start an average of 18,500 fires per year, including 1,300 structure fires, 300 vehicle fires, and 16,900 outside and other fires. These fires caused an average of three deaths, 40 civilian injuries, and an average of $43 million in direct property damage.
Free speech? With that ‘logic’ fireworks should be allowed to be blown up each and every day. whenever Goober and Little Johnny get the itch.
Free speech? Perhaps molotov cocktail throwing should be free speech as long as long as it’s done under supervision of an adult….. Why not just unload an AK-47 into the sky as long as you don’t maim someone.
Many Americans are a dim bunch and should stay away from bright fireworks. Maybe you should concentrate on another section of the First Amendment such as freedom of the press since journalists aren’t the enemy of the people as their cult leader opines…..
Many Americans are a dim bunch
Look in the mirror.
Maybe you should concentrate on another section of the First Amendment such as freedom of the press since journalists aren’t the enemy of the people
They are and they have been for about 50 years now.
Pepper, The Stumpy-Tailed Cattle Dog, says, “No, Bad!” [roughly translated]
FTR, Pepper practices hate speech against The Big Brown Cow [UPS]. Pepper also scoffs at censorship.
Psssst……Can you keep a secret?
Although many cities and towns — and their corporate sponsors — keep the cost of annual fireworks displays a tightly guarded secret, the American Pyrotechnics Association (APA) reports that revenue for display fireworks was $332 million; consumer fireworks revenue was even higher at a whopping $695 million. TIME also reported that the cost to put on a fireworks display for the public ranges from $5,000 to $30,000. Meanwhile, some consumers spend, on average, $100 and $300 on fireworks.
Sure, but before you light off your fireworks, I would like a 5 million $ dollar bond to cover property damage. And also turn in your passport because if someone dies from the ensuing fire, I would insist you be charged with pre meditated murder as your actions are known ahead of time to cause significant damage and potential death
I live in the arid west There will be fires caused by fireworks, and people have died from those fires.
It would make much more sense, for those who love explosions, to play with them on New Year’s eve when it gets dark much earlier – a much better timeframe for kids to watch and the danger of fires and injuries would be much lower. To light explosions late at night coupled with a few hours of imbibing alcohol, in the highest temperatures of the year is insanity.
Seems kinda dumb we can smoke dope for recreation 365 24/7 but once a year for a couple days set off fireworks at your own risk you got problems.
I’m surprised the DemoSociaCommi Party doesn’t jump on that wagon too.
Hey Maxine “Fireworks 45” “Fireworks 45”.
Does the use of fireworks constitute protected free speech?
Of course it does not. What a stupid question. The use of fireworks falls into the same category as firing guns into the air, setting off a bonfire in a public park, etc. That it is allowed in some places and not in others is another issue. Speech, infers words and the transfer of ideas using a language, from one to other(s).
Your Canadian tell us about Canada and fireworks, we’ll take care of the U.S..
“Speech, infers words and the transfer of ideas using a language”
Any form of expression is covered by the 1st Amendment.
https://www.aclu.org/other/freedom-expression
I remember visiting cousins who lived on a hill with a great view of the fireworks that were set off in the valley as a village event. All the kids were given sparklers. Great fun. On a trip to Europe I pulled off a major highway to watch a fireworks celebration. Now, it’s not such a big deal for me.
I think it’s reasonable to restrict the kinds of fireworks generally available and to require trained technicians for others for reasons of safety. It’s also reasonable to restrict all fireworks in areas that are tinder dry.
A free speech issue? No, more one of common sense.
As someone who set the house on fire with a pop bottle rocket, part of the claims are true. 😉 AZ has major displays given by cities, towns, the state, etc. and sells to the public. We also sell fireworks for New Year’s Eve.
As to the free speech issue, it would be an expensive issue to rise to the Supreme Court. Although I am with you in spirit, brother, I am not behind you financially.
It is a Second Amendment right of a citizen to bear arms. These same banning folks would ban rifles, handguns or even grenades. The banners are Redcoats. Bears need bottle rockets too. The right to arm bears should not be forgotten.
We live in a Red City in a Red County, in a Blue Trifecta. We have have no rules specifically against any fireworks in the City and people from all over this valley come to our town to blow off fireworks with their kids. We have even had foreign travelers from France and Germany come and remark that they didn’t know this kind of America still exists. We will do it again this year. A good time will be had by all. Apparently the people who set them off know what they are doing, no fires so far. The mortars are largely brought in from the Reservation. And no, I’m not going to tell you where we live.
I currently live in a county where fireworks are banned, but I heard some going off last night and tonight. Kids having fun, presumably, which is okay by me. I don’t see any reason for all fireworks being banned. My older brother ran a VFW fireworks stand every summer for 4-5 years when he was a teen, and in addition to his minimum wage, he got to keep all the unsold fireworks, and our neighborhood had a huge blast! It was wonderful fun, and the “safe and sane” brand of fireworks that were sold did not cause any harm to anyone. I don’t know whether lighting fireworks is a form of symbolic speech; I never gave any thought to the patriotic aspect growing up. But witnessing the fireworks blasting over Capitol Mall in Washington, D.C., and booming over Baltimore Harbor certainly provides a patriotic perspective.
Tin,
King George the 3rd, Commie/Nazi American Hatin Biitch did not like fire works also.
Ph’em, be careful yet have your family a light filled night if you care to.
Sorry for the legalize Bullshiite
Light that candle ,I know we are fresh out of a cancer ward with some good news.
Party on Garth. LOL
Here in Pullman, Washington, fireworks must be purchased from licensed vendors within the city limits and only ignited on July 3 & 4. Even so the full fire and police departments are on duty.
All this was put in place after a house was totaled a few years ago. Nobody objects.
Go down the street and buy ’em from the Indians.
And payoff, Benson!