On Jan. 6, let us honor free speech

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Jan. 6 marks three years since an angry mob surrounded and besieged the nation's Capitol and breached the building in eight separate locations. The mob prevented the U.S. Senate and House from certifying the presidential election until the early hours of the next morning and suspended the rule of law set out in the Constitution.

It was a stunningly fragile moment for our constitutional republic that resulted in at least five deaths, hundreds of injuries and more than 1,200 people charged for crimes including trespassing, theft, assault on law enforcement officers, disrupting Congress and seditious conspiracy.

Yet it should be noted that of all the charges stemming from this violent attempt to overturn the presidential election, not a single charge was levied for prohibited speech.

Even in this terrible moment, the First Amendment stood firm, demonstrating the resiliency of our constitutional principles in the face of serious threats.

While actions can be criminal, speech alone should not be.

When a person can wield their voice to create a thread of logic, meaning and connection, they can build power and influence that can coalesce as identities, inform ideologies, and fuel mass movements. While many countries attempt to limit this right, the U.S. Constitution protects it. Unlike private institutions, the government cannot prohibit speech unless it reaches the high bar of incitement — speech that is intended to produce imminent lawless action and is likely to incite or produce such action.

America's largely unregulated jumble of protected speech can be hard to tolerate at times. But the right to free speech offers an important tool that is critical to a functioning democracy. It serves as an irreplaceable spotlight that exposes the bigots, blowhards and would-be tyrants as well as the dangerous narratives that take hold and move quickly to dehumanize and scapegoat. It puts those very real dangers to our democracy in full view and builds an informed citizenry to hold our government accountable.

Consider how the Trump administration revealed an effort to undermine the legitimacy of other branches of government. Former President Donald Trump insulted, demeaned and dehumanized those that disagreed with him, including judges, elected officials, jurors, FBI agents, prosecutors and other government workers. Trump variously called the Ninth Circuit Court of Appeals a "total disaster," and admitted to considering breaking up the entire circuit itself. The American Civil Liberties Union filed more than 400 legal actions against his administration to protect civil liberties.

Fast forward, and now Trump is talking about immigrants "poisoning the blood of our country" and calls his political opponents "enemies" and "vermin." Stephen Miller, one of the architects of Trump's immigration policies, has promised a "blitz" that would involve the largest mass deportation program in U.S. history, "deputize state and local" law enforcement and create "camps" to sweep up millions of immigrants across the country.

The First Amendment allows ugly speech like this — while exposing dangerous ideas.

For over 100 years, the ACLU has fought in this great American tumult, protecting and expanding rights that in recent years have seen devastating setbacks. The American people find themselves struggling along familiar fault lines against the rollback of abortion rights, voting rights and equal rights for LGBTQ+ people.

Let's make sure that the right to free speech is not added to that list.

On the anniversary of Jan. 6, and as we renew the vital charge in this new year to stand up against antisemitism, Islamophobia, racism and the targeting of the LGBTQ+ community, we must also loudly, boldly and unapologetically stand up for the First Amendment. As we continue to make up for that lost ground and fight for those inalienable rights enshrined in the Constitution, we should all acknowledge, protect and be thankful for the right to free speech itself.