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
- George Santos tells Tucker Carlson prison was not a good time: Theres a lot of liberals - New York Post - November 3rd, 2025 [November 3rd, 2025]
- Globe editorial: The Carney Liberals arrive at a fiscal fork in the road - The Globe and Mail - November 3rd, 2025 [November 3rd, 2025]
- Why liberals, people of color and LGBTQ Americans say they're buying guns - NPR - November 3rd, 2025 [November 3rd, 2025]
- How can the minority Liberals get the votes to pass their budget through Parliament? - CBC - November 3rd, 2025 [November 3rd, 2025]
- Lorne Gunter: Liberals likely to survive federal budget but honeymoon period won't last forever - Yahoo News Canada - November 3rd, 2025 [November 3rd, 2025]
- Liberals face a choice between net zero or the Coalition - The Nightly - November 3rd, 2025 [November 3rd, 2025]
- First results show neck-and-neck finish between liberals and far right in Dutch general election - Euronews.com - November 3rd, 2025 [November 3rd, 2025]
- Australia politics live: Ley says Coalition will come together as two mature parties to develop energy policy once Liberals position settled - The... - November 3rd, 2025 [November 3rd, 2025]
- The Liberals are set to unveil their new budget. Send in your questions for our experts - The Globe and Mail - November 3rd, 2025 [November 3rd, 2025]
- Liberals prepare for budget, Quebec municipal elections, Fighting fungal disease in bats, and more - CBC - November 3rd, 2025 [November 3rd, 2025]
- Lorne Gunter: Liberals likely to survive federal budget but honeymoon period won't last forever - Edmonton Journal - November 3rd, 2025 [November 3rd, 2025]
- Opinion: With their long-awaited budget, Liberals must answer the question: What do we want Canada to be about? - The Globe and Mail - November 3rd, 2025 [November 3rd, 2025]
- Liberals accused of cheapening citizenship with new bill - Western Standard - November 3rd, 2025 [November 3rd, 2025]
- Black Republican Shreds Gavin Newsom Over Code-Switching Accent: White Liberals Are the Most Racist - Yahoo - October 28th, 2025 [October 28th, 2025]
- Mark Ruttes Dutch liberals were dominant for years. Now the party is bleeding support. - politico.eu - October 28th, 2025 [October 28th, 2025]
- Elizabeth Lee and Peter Cain suspended from Canberra Liberals party room - Australian Broadcasting Corporation - October 28th, 2025 [October 28th, 2025]
- Conservatives press Liberals on cost of living as reports show food bank use soaring - SteinbachOnline - October 28th, 2025 [October 28th, 2025]
- Liberals, NDP bid to undo Harper-era rule on citizenship for Lost Canadians - The Globe and Mail - October 28th, 2025 [October 28th, 2025]
- Liberals Rion Rhoades to be Inducted in NJCAA Hall of Fame - KSCB News - October 28th, 2025 [October 28th, 2025]
- Trump sends bulldozers in to level a useless wing of the White House - and rich liberals lose their minds, writes TANYA GOLD - Daily Mail - October 26th, 2025 [October 26th, 2025]
- Letters: Liberals should match their actions to their beliefs - The Morning Call - October 26th, 2025 [October 26th, 2025]
- LETTER: Liberals can't seem to find the truth - yoursun.com - October 26th, 2025 [October 26th, 2025]
- TRUDEAU LIBERALS OPENED DOOR TO MEXICAN CARTELS WITH VISA REMOVAL CARNEY MUST REVERSE DAMAGE, NOW - The Bureau | Sam Cooper - October 24th, 2025 [October 24th, 2025]
- Joe Rogan has a wild idea for Trumps next job to troll liberals - the-independent.com - October 24th, 2025 [October 24th, 2025]
- Opinion - Dems, liberals lose their minds over Trumps White House renovations - AOL.com - October 24th, 2025 [October 24th, 2025]
- Confronting the Warrior Ethos / Liberals With Attitude - KPFA - October 24th, 2025 [October 24th, 2025]
- Metsola, slap in the face of socialists and liberals: 'Get the numbers where you can find them' - Eunews - October 24th, 2025 [October 24th, 2025]
- Joe Rogan has a bonkers idea for Trump to troll liberals with a new job after leaving the White House - Yahoo News New Zealand - October 24th, 2025 [October 24th, 2025]
- Juno Jump Start | Liberals invited convicted killer to advise MPs on bail reform - Juno News - October 24th, 2025 [October 24th, 2025]
- Will Carneys budget trigger election? Liberals say thats up to opposition - Global News - October 23rd, 2025 [October 23rd, 2025]
- Opinion: The Liberals still have a nagging political weakness on crime - The Globe and Mail - October 23rd, 2025 [October 23rd, 2025]
- Dems, liberals lose their minds over Trumps White House renovations: Robby Soave | RISING - The Hill - October 23rd, 2025 [October 23rd, 2025]
- View from The Hill: Liberals are now squabbling among themselves over Kevin Rudd - The Conversation - October 23rd, 2025 [October 23rd, 2025]
- NDP MP hopes Liberals will help reverse Tory-proposed changes to birthright citizenship - iPolitics - October 23rd, 2025 [October 23rd, 2025]
- Support for Liberals and Conservatives within the margin of error Jobs/the economy top concern. (Nanos) - Nanos Research - October 23rd, 2025 [October 23rd, 2025]
- GOLDBERG: The Liberals want an election but they wont get one - Western Standard - October 23rd, 2025 [October 23rd, 2025]
- Liberals will accelerate pace of decision-making, premier says - CBC - October 21st, 2025 [October 21st, 2025]
- Liberals say anti-fraud measures to protect bank customers coming with federal budget - Village Report - October 21st, 2025 [October 21st, 2025]
- Calmatters: These Rural Californians Want To Secede. Newsoms Maps Would Pair Them With Bay Area Liberals - SFGATE - October 21st, 2025 [October 21st, 2025]
- Liberals, Greens, NDP call on Poilievre to apologize over RCMP comments - Toronto Star - October 21st, 2025 [October 21st, 2025]
- What the federal Liberals are pitching in their upcoming budget - DARPAN Magazine - October 21st, 2025 [October 21st, 2025]
- Liberals, Greens, NDP call on Poilievre to apologize over RCMP comments - National Newswatch - October 21st, 2025 [October 21st, 2025]
- Newfoundland and Labrador election a wake-up call for federal Liberals - The Hill Times - October 21st, 2025 [October 21st, 2025]
- Conservative Liberals want to use immigration to bludgeon Labor. But its bad politics, and bad on principle - The Guardian - October 19th, 2025 [October 19th, 2025]
- White House taunts liberals with provocative meme-filled debut on Bluesky - FOX 8 TV - October 19th, 2025 [October 19th, 2025]
- Liberals and conservatives overlap in rejecting Trump education compact - The Center Square - October 19th, 2025 [October 19th, 2025]
- Can the Liberals find anyone to help pass their budget? - iPolitics - October 19th, 2025 [October 19th, 2025]
- Matthew Lau: Another recession brought to you by the Liberals, with an assist from Trump - Yahoo News Canada - October 19th, 2025 [October 19th, 2025]
- What the federal Liberals are pitching in their upcoming budget - Business in Vancouver - October 19th, 2025 [October 19th, 2025]
- Liberals, conservatives overlap in rejecting Trump education compact - The Bradford Era - October 19th, 2025 [October 19th, 2025]
- What the federal Liberals are pitching in their upcoming budget - Toronto Star - October 19th, 2025 [October 19th, 2025]
- POLL: 42% of liberals approve of law-breaking in response to disagreeing with a government action - Cygnal - October 17th, 2025 [October 17th, 2025]
- Conservative distrust of journalism threatens to spread among liberals - Newton Kansan - October 17th, 2025 [October 17th, 2025]
- Liberals to table bail reform bill to crack down on repeat offenders - CBC - October 17th, 2025 [October 17th, 2025]
- Liberals surprised by loss, and need to look at what went wrong, says returning MHA Fred Hutton - CBC - October 17th, 2025 [October 17th, 2025]
- Party VP says Liberals will 'rebuild and carry on' after falling out of government - CBC - October 17th, 2025 [October 17th, 2025]
- Yukon Liberals roll out platform as common election promises emerge between parties - The Spec - October 17th, 2025 [October 17th, 2025]
- Liberals surprised by loss, and need to look at what went wrong, says returning MHA Fred Hutton - Yahoo News Canada - October 17th, 2025 [October 17th, 2025]
- Where the Liberals went wrong and what the shift in power means for NLs political future - PNI Atlantic News - October 17th, 2025 [October 17th, 2025]
- Liberals defeated in Newfoundland and Labrador election - Yahoo News Canada - October 17th, 2025 [October 17th, 2025]
- Elon Musks political persona linked to waning interest in Teslas among liberals - PsyPost - October 15th, 2025 [October 15th, 2025]
- Pierre Poilievre: The Liberals must get out of the way of growth - Yahoo News Canada - October 15th, 2025 [October 15th, 2025]
- Civil liberties groups urge Liberals to withdraw 'vague' anti-hate bill that opposition MPs say is 'trying to lower the bar' for prosecution - The... - October 15th, 2025 [October 15th, 2025]
- Senior conservative cautions Liberals quietly pushing to split the party - Australian Broadcasting Corporation - October 15th, 2025 [October 15th, 2025]
- Liberals are up to their same old tricks - Troy Media - October 15th, 2025 [October 15th, 2025]
- Victorian Liberals will scrap Australian-first Treaty within 100 days if elected - Australian Broadcasting Corporation - October 15th, 2025 [October 15th, 2025]
- Newfoundland and Labrador election: Liberals and Tories running neck and neck - The Lethbridge Herald - October 15th, 2025 [October 15th, 2025]
- Bari Weiss torched as 'talentless hack' as liberals rage over CBS News boss [Video] - AOL.com - October 15th, 2025 [October 15th, 2025]
- WA Liberals told they need more women, better candidates in post-election review - Australian Broadcasting Corporation - October 13th, 2025 [October 13th, 2025]
- Budget 2025: What the federal Liberals are pitching in their upcoming budget - Business in Vancouver - October 13th, 2025 [October 13th, 2025]
- Abbott says Ley and Liberals need to learn from his stint as opposition leader - The Sydney Morning Herald - October 13th, 2025 [October 13th, 2025]
- The Week in Polling: Liberals and Conservatives neck and neck; American trust in mainstream media hits all-time low; Canadians overwhelmingly reject... - October 11th, 2025 [October 11th, 2025]
- Conservative distrust of journalism threatens to spread among liberals - Kansas Reflector - October 11th, 2025 [October 11th, 2025]
- Budget 2025: What the federal Liberals are pitching in their upcoming budget - Yahoo News Canada - October 11th, 2025 [October 11th, 2025]
- 'Long overdue' say those who welcome the Liberals' promised automatic tax filing system - CBC - October 11th, 2025 [October 11th, 2025]
- Budget 2025: What the federal Liberals are pitching in their upcoming budget - The Spec - October 11th, 2025 [October 11th, 2025]
- Budget 2025: What the federal Liberals are pitching in their upcoming budget - Toronto Star - October 11th, 2025 [October 11th, 2025]
- Liberals in closed-door talks to boost NDP funding, claim its not related to upcoming budget vote - Toronto Star - October 11th, 2025 [October 11th, 2025]
- Grattan on Friday: Will the Liberals hold firm in the fight over freedom to find information? - The Conversation - October 11th, 2025 [October 11th, 2025]
- Budget 2025: What the federal Liberals are pitching in their upcoming budget - saskNOW - October 11th, 2025 [October 11th, 2025]