There Is No Right Person to Hate – by David French – The Dispatch
Last month, Justice Samuel Alitos draft opinion overturning Roe v. Wade leaked into public view. This month a man tried to assassinate Justice Brett Kavanaugh. Police arrested the suspect outside Kavanaughs home (he was able to find Kavanaughs address online), and he was carrying a handgun, a knife, pepper spray, zip ties, and tools useful for breaking into the Kavanaugh home.
As the disturbing news reports filtered out, I had two immediate responses. First, because Id just debated the topic on the New York Times Argument podcast, I thought: This is why you dont dox public figures. By exposing a persons home address to the public, you expose it not just to those who want to peacefully protest, but also to those who wish to do you harm.
But my second thought was more important, and its what I want to address today. I thought no one should be surprised at the attempt or the target. After all, in some quarters, Justice Kavanaugh has become the right person to hate, and if enough people hate a person, then threats and ultimately violence are the inevitable result.
Id like to introduce you to a term you may not have heard before. Its called stochastic terrorism, and its deeply challengingboth as a concept and as a realityto both sides of our partisan divide. You can find a good short definition of the term in a recent piece by Todd Morley in the Small Wars Journal. He described it as a quantifiable relationship between seemingly random acts of terrorism and the perpetuation of hateful rhetoric in public discourse, accompanied by catastrophising and fear generation in media sources.
Another, shorter definition is the incitement of a violent act by the public demonization of a group or individual, and it refers to a pattern that cannot be predicted precisely but can be analyzed statistically. In other words, a specific act against the demonized person or group cannot be forecast, but the probability of an act occurring has increased due to the rhetoric of a public figure.
The concept is both common-sense and controversial. The common-sense element is easy to explain. If youre a normal person and five people hate you, what are the odds youll face targeted violence? Unless youre engaged in criminal activity yourself (and the five people who hate you are other criminals), then the odds are almost impossibly low.
But what if 50,000 people hate you? Or five million? Then the odds change considerably, until they reach a virtual certainty that youll face a threat of some kind.
Ive explained the concept as working like a funnel. At each new step from rhetoric to action, engagement narrows and intensifies. Lots of people might just talk. Fewer people actually act. But the more people who talk, the more people who act. We can easily recognize this reality in extremist movements. They rarely spring from healthy communities.
For example, weve long recognized that the Middle East is awash in anti-Semitism. According to the Anti-Defamation League, a horrifying 74 percent of citizens of the Middle East harbor anti-Semitic attitudes. No other region comes close. The next-most anti-Semitic region is Eastern Europe, where 34 percent of citizens hold anti-Semitic ideas.
The vast majority of anti-Semites will never be violent. But amongst such a vast pool of people, there will be some who will believe words are simply not enough. A small number will raise money for violent causes. A smaller number will join extremist organizations. A smaller number still will take up arms. Is it any wonder that Israel faces persistent threats of terrorist violence?
Thus one of the challenges of containing extremism lies not just in addressing the most intense individuals at the bottom of the funnel but also the prevalence of the terrible ideas at the top.
When I was researching my book, which argues that America might face a secession crisis, I talked to a number of people who were experts in civil conflict in developing nations who are increasingly alarmed by the dynamics that exist here at home. There is nothing unique or special about Americans that makes us immune from the same tidal forces that have torn other nations or regions to pieces.
Here, as elsewhere, hatred is leading to a terrifying atmosphere of menace and threat. On Friday, Andrew Sullivan reposted an October essay arguing that personalizing politics was dangerous. Threats were migrating from online spaces to public figures' homes. Read these incidents and ask, How many do I remember? How many did I ever hear about?
Not content with marching in the streets to air complaints, demands, and grievances as a public spectacle, demonstrators of all kinds increasingly seek out the private homes of public figures to hound them intimately and personally. In the past year or so, the examples have mounted quickly. The mayor of Portland had to move house because activists besieged his condo building, breaking windows of other peoples offices and throwing burning debris into them. The mayors of St. Louis and Buffalo were also driven from their homes, and Chicagos mayor was under constant threat: [Lori] Lightfoot already receives 24/7 protection from cops including officers stationed at the residence.
Andrew then talks about additional incidents in Pittsburgh, Philadelphia, Oak Park, Oakland, Sacramento, and Seattle before he turns his attention to the right:
Although not as persistent or as widespread as the far lefts invasion of the privacy of public figures, the far right is not innocent either. LA Mayor Garcettis residence was targeted by anti-lockdown activists; LA Countys public health director was also targeted at home; some folks brought menacing tiki-torches to the Boise mayors home; in Duluth, Trump supporters organized 20 trucks to circle the mayors home. Over the new year, Nancy Pelosis private home was vandalized, graffiti written on her garage door, and a bloody pigs head was thrown into the mix for good measure.
Of course the ultimate recent example of hatred and fury spawning violence is the attack on the Capitol on January 6. It was perhaps the most predictable spasm of violence in recent American history. One cannot tell tens of millions of Americans that an election is stolen and that the very fate of the country hangs in the balance without some of those people actually acting like the election was stolen and the nation is at stake.
But if the concept of stochastic terrorism is so obviously connected to human experience, why is it controversial? In part because it aims responsibility upward, and it places at least some degree of moral responsibility for violent acts on passionate nonviolent people. While criminal responsibility may rest exclusively with the person who carries the gun (or his close conspirators), moral responsibility is not so easy to escape.
That brings us back to Justice Kavanaugh. Its hard to think of a single public figure whos been subject to more sustained and furious attacks on his character than Kavanaugh, and I say this as someone who took Christine Blasey Fords allegations against him quite seriously. My position was simpleif there was a preponderance of evidence that her claims were true, then he shouldnt be a Supreme Court justice, even if she was talking about an incident that occurred decades ago.
(If you want to read my evaluation of the evidence against him, I recommend this long piece I wrote in October 2018 in National Review.)
But what should have been a sober look at a serious claim turned into a media frenzy the likes of which Ive rarely seen. It culminated in a transparently unserious gang rape allegation brought forward by lawyer Michael Avenattinow disgraced and imprisoned, but then championed as a Resistance hero by many on the left. The allegation started to fall apart almost immediately, but that didnt stop people with immense followings from both believing it and ridiculing and attacking those who expressed skepticism.
The result was that millions of Americans didnt just dislike Kavanaugh, they hated him. They believed the worst about him. When he was hated at that scale, threats were inevitable, and an attempt on his life was likely. The terrible math of stochastic terrorism worked again.
One of the things that makes me concerned for the fate of our country is the reality that Americas partisans are both quite eager to assign blame for intimidation and violence to their political opponents and indignant when told that their own rhetoric contributes to our cultural decline. And so we live in a world where both Brett Kavanaugh and Christine Blasey Ford faced an avalanche of threats. And not just themvirtually any person who possesses a public voice on matters of public concern can tell stories of times when they felt afraid.
Our nation cannot withstand this level of vitriol. It will lead to more violence, and when it does, our most vicious partisans will disclaim any responsibility. How dare you blame me, theyll say. Everyone knows the man who pulls the trigger is responsible for his own crime. Yes, legally, he bears the blame. But words still matter. They inspire action, and when angry partisans see people they publicly hate face danger and death, they should feel shame for the culture they helped create.
One more thing
Earlier this month, I filed a Supreme Court amicus brief on behalf of fifteen family policy organizations in a case called 303 Creative v. Elenis. Its going to be argued next Supreme Court term, and the issue at stake is whether the state of Colorado can compel a web designer to design a website celebrating a same-sex wedding. I say no. Here are my opening paragraphs:
This case comes to the court at a critical moment. There is an increasing collision between generations-long consistent protection of the First Amendment in this Court and a culture that increasingly yields to the impulse to dominate political opponents, censor their expression, and even compel them to host speech or engage in speech with which they disagree.
It is one thing if the pressure to conform remains cultural rather than legal. While online attacks are difficult to endure, one can persevere and still speak. While peer shame can sting, only a small amount of courage is required to preserve ones public voice.
State censorship and compulsions, however, are different matters altogether. It is the state that wields the power of the sword. It is the state that can bar entrance into the marketplace of ideas. It is the state that can dictate whether a citizen can open a business or earn a living. Thus, it is the state that is the eternal threat to liberty. Only the state can truly suppress the American idea.
The First Amendment thus erects a high wall around private speech and individual conscience. It does not ask if speech is wise, good, popular, or fashionable before it grants its protection. Popular speech does not need a constitutional shield. It is the dissenter who truly values the First Amendment, and it is for the dissenter that the First Amendment exists.
Read the whole thing and review my work in the comments. Persuaded? If not, why not?
Another thing
Youre not going to want to miss this weeks Good Faith podcast. Curtis and I hosted Christianity Todays Russell Moore, and we talked about the upcoming Southern Baptist Convention Annual Meeting in Anaheim, California, the SBC sex abuse report, the crisis in American pastors, and the Christian call to be strange (but not crazy). It was a great conversation, and I hope you enjoy it as much as I did.
One last thing
Lets do something a bit different and end with an inspiring moment rather than an inspiring song. You may not know this, but Im a longtime fan of professional wrestling. I went to my first sold-out show in Rupp Arena in Lexington, Kentucky, when I was 10 years old. In college I spent a ridiculous sum of money to go see Hulk Hogan wrestle Andre the Giant. The WWE gave us the greatest living American celebrity, Dwayne The Rock Johnson.
I dont keep up as much as I used to (its hard to simultaneously keep up with the NBA, college football, the NFL, superhero movies, the Star Wars franchise, Game of Thrones, every Tolkien property under the sun, British crime dramas, and the WWE), but did you know that nobody has granted more Make-a-Wish wishes than John Cena? And did you know that he did this?
Its one of the most touching things Ive seen in a long time. There is still much good in this world.
View post:
There Is No Right Person to Hate - by David French - The Dispatch
- Chris Hedges: Abolishing the First Amendment - Consortium News - August 1st, 2025 [August 1st, 2025]
- Sean 'Diddy' Combs asks court for acquittal or new trial, says 'freak offs' protected by First Amendment - MSNBC News - August 1st, 2025 [August 1st, 2025]
- 'The First Amendment demands it': Capehart reflects on his decision to leave The Washington Post - MSNBC News - August 1st, 2025 [August 1st, 2025]
- More Than 20 Democratic-Led States Sue Trump Administration Over Planned Parenthood Funding Cuts - First Amendment Watch - August 1st, 2025 [August 1st, 2025]
- Brown University Strikes Agreement With Trump Administration To Restore Lost Federal Funding - First Amendment Watch - August 1st, 2025 [August 1st, 2025]
- News organizations sue Tennessee over police buffer law, citing First Amendment - Knoxville News Sentinel - July 30th, 2025 [July 30th, 2025]
- The ACLU says a New York official violated the NRA's First Amendment rights. They still can't sue her. - Reason Magazine - July 30th, 2025 [July 30th, 2025]
- Forced Labor and the First Amendment - The American Conservative - July 30th, 2025 [July 30th, 2025]
- Chris Hedges: Abolishing the First Amendment - Scheerpost - July 30th, 2025 [July 30th, 2025]
- Chronicle Editorial: Croton-Harmon school district's disdain for the First Amendment costs staff time and taxpayer money. - The Croton Chronicle - July 30th, 2025 [July 30th, 2025]
- Is AI a Horse or a Zebra When It Comes to the First Amendment? - Cato Institute - July 28th, 2025 [July 28th, 2025]
- First Amendment and immunity - Courthouse News Service - July 28th, 2025 [July 28th, 2025]
- Legal Case of Navy Diver Who Sued Newport Beach for First Amendment Violation Advances - California Globe - July 28th, 2025 [July 28th, 2025]
- News organizations sue TN over police buffer law, citing First Amendment - The Tennessean - July 28th, 2025 [July 28th, 2025]
- AFPI Sues Oregon School Activities Association for Silencing Female Athletes First Amendment Rights - America First Policy Institute - July 28th, 2025 [July 28th, 2025]
- NEWTON: Battle between Trump and the First Amendment continues - The Covington News - July 27th, 2025 [July 27th, 2025]
- That eerie sound youre hearing is the First Amendment falling - rawstory.com - July 27th, 2025 [July 27th, 2025]
- TRUMP GOES TOO FAR: Colbert cancellation puts spotlight on Trump war on the First Amendment - MSNBC News - July 27th, 2025 [July 27th, 2025]
- First Amendment doesnt provide the right to be heard, Fourth Circuit finds - Courthouse News Service - July 24th, 2025 [July 24th, 2025]
- Pennsylvania officers face First Amendment lawsuit for trying to criminalize profanity and using patrol car to chase man who recorded police - FIRE |... - July 24th, 2025 [July 24th, 2025]
- Ninth Circuit Reinforces First Amendment Protections of Parent Banned from School District in Response to Speech the District Found Offensive -... - July 24th, 2025 [July 24th, 2025]
- Press Release: Reps. Hank Johnson and Sydney Kamlager-Dove Propose Bill to Safeguard Artists' First Amendment Rights - Quiver Quantitative - July 24th, 2025 [July 24th, 2025]
- What the GOPs Epstein revolt says about the First Amendment - Claremont COURIER - July 24th, 2025 [July 24th, 2025]
- Protesters and demonstrators voice their first amendment right along the street of Canton - 25 News Now - July 24th, 2025 [July 24th, 2025]
- First amendment vs. first-person shooter: Uvalde parents battle with 'Call of Duty' maker in court - Fortune - July 24th, 2025 [July 24th, 2025]
- Columbia University Says It Has Suspended and Expelled Students Who Participated in Protests - First Amendment Watch - July 24th, 2025 [July 24th, 2025]
- Stephen Colberts Late Show Is Canceled by CBS and Will End in May 2026 - First Amendment Watch - July 24th, 2025 [July 24th, 2025]
- US will appeal decision finding punitive executive order against Jenner & Block violates First Amendment - ABA Journal - July 24th, 2025 [July 24th, 2025]
- NPR loses. The First Amendment wins. - The Boston Globe - July 24th, 2025 [July 24th, 2025]
- Trial in AAUP Lawsuit Concludes With Clash Over First Amendment Rights of Noncitizens - The Harvard Crimson - July 22nd, 2025 [July 22nd, 2025]
- Harvard argues in court that Trump administration's funding freeze violated First Amendment - CBS News - July 22nd, 2025 [July 22nd, 2025]
- Harvard argues the government is in violation of the First Amendment. Trumps team frames the lawsuit as a contract dispute - CNN - July 22nd, 2025 [July 22nd, 2025]
- Standing up for Elmo and the First Amendment - Westerly Sun - July 22nd, 2025 [July 22nd, 2025]
- Why the Iowa Senate finally approved enhanced First Amendment protections - Bleeding Heartland - July 22nd, 2025 [July 22nd, 2025]
- First Amendment advocates urge open hearing for San Mateo County sheriff facing removal - The Mercury News - July 18th, 2025 [July 18th, 2025]
- Defeat the Press: How Donald Trumps Attacks on News Outlets Undermine the First Amendment - Variety - July 18th, 2025 [July 18th, 2025]
- An assault on the First Amendment? Yes. But also a lesson in the ethics of reporting police news. - Media Nation - July 18th, 2025 [July 18th, 2025]
- How Donald Trumps Attacks On News Outlets Undermine The First Amendment - TV News Check - July 18th, 2025 [July 18th, 2025]
- Who are First Amendment auditors? Encounters with them prompted police calls in California - Scripps News - July 16th, 2025 [July 16th, 2025]
- Greene County staff permitted to speak to press after pushback from First Amendment groups - The Daily Progress - July 16th, 2025 [July 16th, 2025]
- Death Threats Over Texas Flooding Cartoon Force Museum Journalism Event To Be Postponed - First Amendment Watch - July 16th, 2025 [July 16th, 2025]
- Its the right thing to do: Defense attorney picks up Shasta protester case pro bono, citing First Amendment concerns - Shasta Scout - July 12th, 2025 [July 12th, 2025]
- The First Amendment Protects Ideologically Based Ad Boycotts - Cato Institute - July 12th, 2025 [July 12th, 2025]
- IRS Finally Recognizes That the First Amendment Permits Pastors To Speak From the Pulpit - The Daily Signal - July 12th, 2025 [July 12th, 2025]
- Pocahontas Mayor Reacts Aggressively to Viral First Amendment Auditor - NEA Report - July 12th, 2025 [July 12th, 2025]
- ACLJ's Decades-Long Fight Leads to IRS Recognizing Churches' First Amendment Rights To Speak About Political Issues and Candidates From the Pulpit -... - July 12th, 2025 [July 12th, 2025]
- Central Piedmont fulfilling requests that would lead to First Amendment lawsuit being dropped: Plaintiffs - Queen City News - July 12th, 2025 [July 12th, 2025]
- How Tempe debate over feeding homeless at parks is becoming a First Amendment conversation - KJZZ - July 10th, 2025 [July 10th, 2025]
- IRS: Pastors and Politicians Dont Lose First Amendment Rights in Pulpit - Focus on the Family - July 10th, 2025 [July 10th, 2025]
- Trump admin waffles in court on whether pro-Palestinian foreigners have full First Amendment rights - Politico - July 8th, 2025 [July 8th, 2025]
- Airlines deportation deal with ICE sparks protests and boycott campaign, leading to First Amendment battle - The Free Speech Project - July 8th, 2025 [July 8th, 2025]
- Trump Judges Find No First Amendment Problem With Florida Forcing Teachers to Misgender Themselves - Balls and Strikes - July 8th, 2025 [July 8th, 2025]
- High Court To Hear Street Preacher's First Amendment Case - Law360 - July 6th, 2025 [July 6th, 2025]
- The Columbus Connection First Amendment, Independence Day Thoughts, and Happy Birthday CCN - Columbus County News - July 6th, 2025 [July 6th, 2025]
- Paramounts Trump Lawsuit Settlement: Curtain Call for the First Amendment? (Guest Column) - IMDb - July 6th, 2025 [July 6th, 2025]
- Fourth of July is a reminder to understand your First Amendment rights - The News Journal - July 4th, 2025 [July 4th, 2025]
- Big Tech Can't Hide Behind the First Amendment Anymore | Opinion - Newsweek - July 4th, 2025 [July 4th, 2025]
- FIRE amicus brief: First Amendment bars using schoolkid standards to silence parents' speech - FIRE | Foundation for Individual Rights and Expression - July 4th, 2025 [July 4th, 2025]
- The First Amendment Protects CNN's Reporting on ICEBlock and Iran - Reason Magazine - July 4th, 2025 [July 4th, 2025]
- MCPS to pay $125K to two county residents who sued over alleged First Amendment violations - Bethesda Magazine - July 4th, 2025 [July 4th, 2025]
- Commentary: Winter Garden arrest threat violated First Amendment rights - Orlando Sentinel - July 4th, 2025 [July 4th, 2025]
- First Amendment Expert Responds To BHUSD Policy - Hoover Institution - July 4th, 2025 [July 4th, 2025]
- Donald Trump: the surprise force who saved the First Amendment - Washington Times - July 4th, 2025 [July 4th, 2025]
- Paramount Will Pay $16 Million in Settlement With Trump Over 60 Minutes Interview - First Amendment Watch - July 4th, 2025 [July 4th, 2025]
- Trump Judges Reject First Amendment Challenge and Uphold Florida Law Requiring Teachers to Use Only Pronouns that Align with their Gender at Birth -... - July 4th, 2025 [July 4th, 2025]
- Justice Thomas sounds alarm on courts misapplying First Amendment in political speech cases - Courthouse News - July 2nd, 2025 [July 2nd, 2025]
- 'The full rigor of the Court's resources': Judge warns Trump against witness 'retribution' in First Amendment case over threatened deportations - Law... - July 2nd, 2025 [July 2nd, 2025]
- Federal Appellate Court Finds that School Board President Violated First Amendment in Restricting Followers on Social Media - JD Supra - July 2nd, 2025 [July 2nd, 2025]
- Protecting Kids Shouldnt Mean Weakening the First Amendment - Public Knowledge - July 2nd, 2025 [July 2nd, 2025]
- Opinion - Jesse Green: Congress must not violate First Amendment in fight against anti-semitism - Northern Kentucky Tribune - June 29th, 2025 [June 29th, 2025]
- VICTORY: New York high school to strengthen First Amendment protections following FIRE lawsuit - FIRE | Foundation for Individual Rights and... - June 28th, 2025 [June 28th, 2025]
- FCCs First Amendment Tour Arrives in Kentucky - The Daily Yonder - June 28th, 2025 [June 28th, 2025]
- ACLU of Pennsylvania Applauds Passage of Legislation to Expand First Amendment Protections in the Commonwealth - ACLU of Pennsylvania - June 28th, 2025 [June 28th, 2025]
- FIRE to court: AI speech is still speech and the First Amendment still applies - FIRE | Foundation for Individual Rights and Expression - June 28th, 2025 [June 28th, 2025]
- Podcast: Broadcast Journalism, First Amendment, and the Future - Wisconsin Broadcasters Association - June 28th, 2025 [June 28th, 2025]
- Advertising Companies Cave to the FTC. Media Matters Sues To Defend the First Amendment. - Reason Magazine - June 28th, 2025 [June 28th, 2025]
- Punishing Universities for Their Viewpoints Violates the First Amendment - Cato Institute - June 28th, 2025 [June 28th, 2025]
- Palestinian Student Sues Michigan School Over Teachers Reaction to Her Refusal To Stand for Pledge - First Amendment Watch - June 28th, 2025 [June 28th, 2025]
- CDT and EFF Urge Court to Carefully Consider Users First Amendment Rights in Garcia v. Character Technologies, Inc. - - Center for Democracy and... - June 24th, 2025 [June 24th, 2025]
- University of Oregon ordered to cover legal fees after settling First Amendment lawsuit - Campus Reform - June 24th, 2025 [June 24th, 2025]