Liberals’ free-speech amnesia – The Week Magazine
Sign Up for
Our free email newsletters
This is a moment of extreme hyperbole in America, with words like "fascism" and "Russian coup" mixing in seamlessly in our superlative-heavy political discourse with "creeping sharia" and "Mexican invasion." But perhaps no phrase is deployed as recklessly as "hate speech," a nebulous non-legal term of which there is no agreed-upon definition.
While neither red nor blue America has a monopoly on trying to use the force of government or the violence of the citizenry to silence its opponents, the idea that the most vulnerable among us can be protected from the wounds of "hate speech" through loopholes in the First Amendment has been gaining disquieting momentum among liberal thinkers who should really know better.
Howard Dean recently demonstrated his mangled misunderstanding of Supreme Court jurisprudence when he followed up a widely mocked tweet asserting hate speech is not protected by the First Amendment with later tweets and media appearances in which he repeatedly cited a Supreme Court decision that deemed certain speech to constitute "fighting words." The physician and former DNC chair was arguing that conservative gadfly Ann Coulter's well-worn shtick constitutes both "hate speech" and "fighting words," and is therefore not constitutionally protected.
That is simply nonsense.
"Hate speech" as a legal concept does not exist, which is a good thing, because hate is subjective and anything from the most vile forms of bigotry to opposition to abortion to support for gay rights to criticism of religious institutions have all been deemed beyond the pale of public discourse by various groups and individuals. Offensiveness lies in the eye of the beholder. Thankfully, the right to express offensive ideas persists.
To be clear, there are jerks out there who have no desire to engage in good faith debating and who profit off of deliberately causing offense, the receipt of which only makes them more popular with their audiences. They promote noxious ideas and stand on "free speech" the way a child would claim to be standing on "base" in a backyard game of tag. Coulter is one of these jerks, and one only needs to recall the outrage she helped stoke over a Muslim community center opening a few blocks from the World Trade Center back in 2010 to be aware of how little she truly values free speech, freedom of religion, and private property rights when she and her comrades demanded the "Ground Zero mosque" be stopped.
These characters might not "deserve" free speech, but they are entitled to it. Rights are not earned by the righteousness of one's values. They're just rights. And the right to freedom of expression is the tool that cultivated the fight to win every civil right in this country's history. There is no civil rights movement, no gay rights movement, no feminist movement, and no anti-war movement without broad free speech protections for unpopular expression.
The good isn't safe unless the bad is, too.
Considering the former governor of Vermont made his name on the national stage as the most strident anti-war candidate of the 2004 presidential campaign, it's particularly ironic that Howard Dean would cite Chaplinsky v. State of New Hampshire, a case centering around a Jehovah's Witness named Walter Chaplinsky who had been passing out anti-WWII materials, attracted a hostile crowd, and then was arrested after a town marshal deemed him to be the cause of the unrest. What "fighting words" did Chaplinsky utter? He called the marshal "a damned fascist."
Never mind the details of the case or how many anti-war protesters have used that other "f word" to describe any number of people both in and out of government. Dean's citing of Chaplinsky ignores the history of the Supreme Court repeatedly clarifying and narrowing the definition of "fighting words," as well as the fact that the Court has never cited the case as a precedent to curtail freedom of speech. In fact, some legal scholars even consider the fighting words exception to be for all intents and purposes a pile of dead letters, if not explicitly overturned by the Court.
Though Dean would like to believe Coulter's tasteless musing about wishing Oklahoma City bomber Timothy McVeigh had instead targeted The New York Times is unprotected speech, it is. Like a great deal of Coulter's output, it is mean-spirited and if intended as a joke of miniscule satirical value. But the right to speech does not require a value test. And yet, a value test is exactly what was advocated in The New York Times recently by NYU vice provost and professor Ulrich Baer:
The idea of freedom of speech does not mean a blanket permission to say anything anybody thinks. It means balancing the inherent value of a given view with the obligation to ensure that other members of a given community can participate in discourse as fully recognized members of that community. [The New York Times]
This appears to be a wish-fulfillment fantasy on the part of Baer, because the freedom of speech requires no "balance" or "obligation to ensure" anything, primarily because someone would have to determine when sufficient "balance" had been achieved. Who does Baer think should be the arbiters of such balance? Why, right-thinking administrators like himself, who breathlessly determine that "there is no inherent value to be gained from debating" certain ideas in public.
Australian professor Robert Simpson, in a recent article at Quartz, also advocated for benevolent authority figures separating "good speech" from "bad speech." After cursory nods to the value of the right to free expression unencumbered by government interference or violent mobs ("Free speech is important However, once we extrapolate beyond the clear-cut cases, the question of what counts as free speech gets rather tricky"), Simpson argues for putting "free 'speech' as such to one side, and replace it with a series of more narrowly targeted expressive liberties."
Like Baer and Dean, Simpson assumes that those in power will always be as right-thinking as he, and that if the price of squashing the Ann Coulters of the world is abandoning the principle of universal free speech so long as it doesn't rise to direct threats or incitement to violence, well, that's a price they're willing to pay.
Erstwhile anti-war presidential candidates and distinguished professors should know better than to put their faith in authority when it comes to the competition of ideas. That they don't shows how little faith they have in the ability of the "good" to beat the "bad." Call me a hopeless optimist, but the value of robust free speech especially the right to offend has helped to facilitate the changing of minds regarding civil rights and has helped end or stop wars. That's why free speech, and not well-meaning censorship, will continue to be perhaps our greatest bulwark to tyranny.
This country has seen bigger threats to the republic than Ann Coulter and her ilk, and we should resist the urge to use state power or approvingly wink at masked, firework-wielding LARPers from creating "security threats" that prevent her from plugging a book to a few dozen young Republicans and a few hundred protesters on a college campus.
Visit link:
Liberals' free-speech amnesia - The Week Magazine
- Conrad Black: Liberals must retreat from their climate obsessions - National Post - July 12th, 2025 [July 12th, 2025]
- Larry David/Obamas Pairing Shows Why Liberals Win - Hollywood in Toto - July 12th, 2025 [July 12th, 2025]
- Liberals and conservatives live differently but people think the divide is even bigger than it is - PsyPost - July 12th, 2025 [July 12th, 2025]
- Liberals Laud Fake Story that ICE Agents Are Resigning In Droves - newsguardrealitycheck.com - July 12th, 2025 [July 12th, 2025]
- Letters: Campus life harmed by liberals who believe they're always right - NOLA.com - July 12th, 2025 [July 12th, 2025]
- Jesse Kline: Liberals get a crash course in the importance of natural resources - Yahoo - July 12th, 2025 [July 12th, 2025]
- Liberals pick Chantale Marchand to run in Arthabaska byelection - Montreal Gazette - July 12th, 2025 [July 12th, 2025]
- Justin Ling: Mark Carney is the reincarnation of the Chrtien Liberals. Thats not a bad thing - Toronto Star - July 12th, 2025 [July 12th, 2025]
- Jesse Kline: Liberals get a crash course in the importance of natural resources - MSN - July 12th, 2025 [July 12th, 2025]
- Where are the Liberals When Iran Mass-Deports Millions of Afghans? - The European Conservative - July 10th, 2025 [July 10th, 2025]
- The Supreme Courts Liberals Have an Impossible Task. One of Them Is Charting the Way. - Slate Magazine - July 10th, 2025 [July 10th, 2025]
- Opinion: The Liberals launch another expenditure review: This time, we mean it - The Globe and Mail - July 10th, 2025 [July 10th, 2025]
- Liberals could find out soon whether their rushed projects bill will spark another Idle No More - National Post - July 10th, 2025 [July 10th, 2025]
- Wealthy White Liberals Reportedly Urge Democrats To Be Willing To Get Shot Opposing Trump - dailycaller.com - July 8th, 2025 [July 8th, 2025]
- Albertas PCs Might Rise from the Dead. Not the BC Liberals - The Tyee - July 8th, 2025 [July 8th, 2025]
- Cryo-liberals are still dishing up deranged delusions - The Times - July 8th, 2025 [July 8th, 2025]
- Wealthy White Liberals Reportedly Urge Democrats To Be Willing To Get Shot Opposing Trump - AOL.com - July 8th, 2025 [July 8th, 2025]
- Liberals, Conservatives, And Independents Form Initiative To Fight For Democracy And Freedom - thedailypoliticususa.com - July 8th, 2025 [July 8th, 2025]
- How the Liberals are eroding workers Charter-protected rights - Canadian Dimension - July 8th, 2025 [July 8th, 2025]
- Liberals dont want Muslim women to demand rights in the Hindutva era. Theres no right time - ThePrint - July 8th, 2025 [July 8th, 2025]
- New polls show the Liberals opening large lead over the Conservatives - iPolitics - July 6th, 2025 [July 6th, 2025]
- Another Saturday Night - Liberals Are Patriotic! updated with how to help the central Texas flooding - Daily Kos - July 6th, 2025 [July 6th, 2025]
- Vancouver has a new civic party the Vancouver Liberals - Business in Vancouver - July 6th, 2025 [July 6th, 2025]
- Liberals Lose Trust on Health After 11 Years - Mirage News - July 6th, 2025 [July 6th, 2025]
- Newsom warms to building, but will California liberals allow it? - Washington Examiner - July 4th, 2025 [July 4th, 2025]
- Liberals Are Declaring That The Fourth Of July Is Canceled This Year And Even Threatening To Sue People Who Celebrate For Emotional Damage - Whiskey... - July 4th, 2025 [July 4th, 2025]
- Peter Menzies: Justin Trudeaus legislative legacy is still haunting the Liberals - The Hub | More Signal. Less Noise. - July 4th, 2025 [July 4th, 2025]
- Opinion | Memo to liberals: Diversity can be conservative - The Washington Post - July 2nd, 2025 [July 2nd, 2025]
- Liberals Are Going to Keep Losing at the Supreme Court - The Atlantic - July 2nd, 2025 [July 2nd, 2025]
- Hollywood Liberals Slammed as 'Disgusting' for Bleating They Weren't Invited to Jeff Bezos 'Vulgar' Wedding - RadarOnline - July 2nd, 2025 [July 2nd, 2025]
- Forget female quotas, its mediocrity thats killing the Liberals - The Australian - July 2nd, 2025 [July 2nd, 2025]
- Fatal flaw of liberals is belief that being right is enough | Opinion - The News-Press - June 29th, 2025 [June 29th, 2025]
- Liberals want Americans to depend on government - Washington Times - June 28th, 2025 [June 28th, 2025]
- If old school white-anting Sussan Ley on gender quotas works, the Liberals may pay a heavy political price - The Guardian - June 28th, 2025 [June 28th, 2025]
- HUNTER: Have Liberals had their come-to-Jesus moment on crime? - Toronto Sun - June 28th, 2025 [June 28th, 2025]
- Random Musing: Why some Indian liberals are celebrating Zohran Mamdani and think he is the new Obama - Times of India - June 28th, 2025 [June 28th, 2025]
- Liberals In California Are Banning Books Again - The Daily Wire - June 28th, 2025 [June 28th, 2025]
- 'Liberals need to reconnect with people's deep feelings of being disrespected,' sociologist says - Perspective - France 24 - June 28th, 2025 [June 28th, 2025]
- Threat of Trump should drive liberals from the middle ground | Opinion - The Portland Press Herald - June 28th, 2025 [June 28th, 2025]
- If the Liberals want to appeal again to aspirational Australians, they could start by taxing wealth | Judith Brett - The Guardian - June 28th, 2025 [June 28th, 2025]
- The Weekly Wrap: The Liberals must abandon their internet regulation agenda - The Hub | More Signal. Less Noise. - June 28th, 2025 [June 28th, 2025]
- Data breach may have exposed 200,000 home-care patients' information, say Ontario Liberals - Yahoo - June 28th, 2025 [June 28th, 2025]
- M. imeka criticized the Slovak government after the summit of liberals in Brussels for not diversifying gas supplies - European Newsroom - June 28th, 2025 [June 28th, 2025]
- ANALYSIS: David Petersons Liberals are remembering the good times. Ontarians should, too - TVO Today - June 28th, 2025 [June 28th, 2025]
- Carney Liberals urged to ditch DST as Trump terminates trade talks with Canada - Toronto Sun - June 28th, 2025 [June 28th, 2025]
- Martin Regg Cohn: History reminds Ontarios languishing Liberals that they need to make their own luck - Toronto Star - June 28th, 2025 [June 28th, 2025]
- Arab Journalists and Liberals Praise U.S. Strike On Iran: The Iranian Threat Is Over; Trump Saved Humanity; God Bless America - MEMRI | Middle East... - June 24th, 2025 [June 24th, 2025]
- Conservatives report better mental health than liberals. I think I know why. | Opinion - USA Today - June 24th, 2025 [June 24th, 2025]
- Federal Liberals reintroduce cybersecurity bill meant to protect critical infrastructure - The Globe and Mail - June 24th, 2025 [June 24th, 2025]
- Threat of Trump should drive liberals from the middle ground | Opinion - Lewiston Sun Journal - June 24th, 2025 [June 24th, 2025]
- Opinion: The Tory future may lie with the Liberals - Winnipeg Free Press - June 24th, 2025 [June 24th, 2025]
- FIRST READING: All the hidden extras buried in the Liberals fast-tracked omnibus bills - National Post - June 24th, 2025 [June 24th, 2025]
- Battin wants to reset and to rally Liberals behind taxes, housing and crime - Neos Kosmos - June 24th, 2025 [June 24th, 2025]
- Chaos over withdrawal of EU law against greenwashing. Last trialogue skips, anger of socialists and liberals - Eunews - June 24th, 2025 [June 24th, 2025]
- Libman: Quebec Liberals gamble on Rodriguez. Will voters? - Montreal Gazette - June 22nd, 2025 [June 22nd, 2025]
- Hunger strikes! Tears! Arrest! Its been a week of ridiculous performances as NYC liberals chase folk-hero status - New York Post - June 22nd, 2025 [June 22nd, 2025]
- The Trump Peace Prize? Matt Gaetz suggests renaming honor they only give to liberals - AL.com - June 22nd, 2025 [June 22nd, 2025]
- Victorias Liberals saved John Pesutto from bankruptcy. But can they save themselves from all-out war? - The Guardian - June 22nd, 2025 [June 22nd, 2025]
- Q+A | Outgoing Yukon premier highlights renewed energy in Yukon Liberals with new leader - Yahoo - June 22nd, 2025 [June 22nd, 2025]
- Trump Complains He Should Have Won FIVE Nobel Prizes By Now But They Only Give Them To Liberals - Mediaite - June 22nd, 2025 [June 22nd, 2025]
- Putins biggest threat is not from liberals but the nationalist Right - The Telegraph - June 20th, 2025 [June 20th, 2025]
- Obama swipes at affluent liberals during rare public remarks, says 'all of us are going to be tested' - Fox News - June 20th, 2025 [June 20th, 2025]
- Swedens Liberals bet to revive a sinking party - Euractiv - June 20th, 2025 [June 20th, 2025]
- They Hate Our Country The Right-Wings Accusation Towards Liberals - Daily Kos - June 20th, 2025 [June 20th, 2025]
- BREAKING: Yukon Liberals select Mike Pemberton as their new leader and the territory's next premier - Yukon News - June 20th, 2025 [June 20th, 2025]
- Andr Pratte: Pablo Rodriguez has won over the Quebec Liberals. That was the easy part - National Post - June 20th, 2025 [June 20th, 2025]
- Why liberals ignored the grooming gang scandal - The Spectator - June 20th, 2025 [June 20th, 2025]
- Liberals to pass major projects bill this week with Conservative support - National Post - June 20th, 2025 [June 20th, 2025]
- Liberals Pushing Through Law That Expands Governments Power - The Tyee - June 20th, 2025 [June 20th, 2025]
- Liberals major projects bill on track to pass before House rises for summer - iPolitics - June 20th, 2025 [June 20th, 2025]
- Yukon Liberals to choose new leader tonight - 96.1 The Rush - June 20th, 2025 [June 20th, 2025]
- MAGA World and liberals have turned on Musk as Trump divorce turns friends to foe - The Independent - June 7th, 2025 [June 7th, 2025]
- The Occupation Is Destroying Israel From Within, and Liberals Can't Ignore It Anymore - Haaretz - June 7th, 2025 [June 7th, 2025]
- 15 Liberals And Conservatives Are Sharing The Political Opinions They Hold That Align With The Opposite Party - Yahoo - June 7th, 2025 [June 7th, 2025]
- How are the Liberals of Bradfield coping with their loss? | Fiona Katauskas - The Guardian - June 7th, 2025 [June 7th, 2025]
- 15 Liberals And Conservatives Are Sharing The Political Opinions They Hold That Align With The Opposite Party - BuzzFeed - June 7th, 2025 [June 7th, 2025]
- Liberals and Conservatives in Canada split on Mark Carney and the country's direction after the election - YouGov - June 7th, 2025 [June 7th, 2025]
- Moderate Liberals say the party has a choice be a far-right rump run by octogenarians or move to the centre - The Guardian - June 7th, 2025 [June 7th, 2025]
- Chris Selley: Liberals wrap much-needed refugee reform in a terrible privacy-invading package - National Post - June 7th, 2025 [June 7th, 2025]
- 7 Things: Trump and Musk are going at it; Tuberville taunts liberals; angry mob demands MTG stay out of HSV; and more... - Yellowhammer News - June 7th, 2025 [June 7th, 2025]