Itâs hard to believe we need to have this conversation in this day and age. But if we donât keep having it, at some point we might not be allowed to have it.
Question: What is free speech? Or, rather what is not free speech?
In 2017, former Vermont governor, presidential candidate and Democratic National Committee Chairman Howard Dean informed the American public that âhate speech is not protected by the First Amendment.â Thatâs one variation of the âhate speech is not free speechâ claim.
Yes, âhate speechâ is free speech (and yes, itâs protected by the First Amendment).
On July 12, speaking at a White House âsocial media summit,â President Donald Trump opined that âfree speech is not when you see something good and then you purposely write bad. To me, thatâs a very dangerous speech, and you become angry at it. But thatâs not free speech.â
Yes, calling something âbadâ that Donald Trump calls âgoodâ is free speech too (and yes, it is also protected by the First Amendment).
This shouldnât even be an âissue.â Itâs just not that complicated, folks. But for some reason weâre still making it complicated.
Ever since the framers enshrined freedom of speech in the Constitution, Americans have struggled with what, if any, limits can be legitimately placed on that freedom.
The law and the courts have carved out limited exceptions for things like speech âdirected to inciting or producing imminent lawless action,â âtrue threats of violence,â and knowingly false speech aimed at defaming a personâs character or defrauding others in a commercial sense (e.g. âIâm selling you one ounce of goldâ when itâs actually one ounce of lead with gold paint on it).
There are plenty of reasonable arguments to be had about what, if any, exceptions to unfettered freedom of speech might make sense.
But when it comes to matters of opinion, the only reasonable position is that youâre entitled to have opinions, and to express them, period.
Even if Howard Dean thinks theyâre âhateful.â
Even if Donald Trump thinks that heâs âgoodâ and that youâre making him look âbad.â
Even if they make someone feel angry or, to use the latest non-specific catchall complaint, âunsafe.â
We donât have to agree with othersâ opinions. We donât have to like the manner in which others express their opinions. We donât even have to listen to other people when they express their opinions. But we donât get to stop them from expressing their opinions. Not even if weâre Howard Dean or Donald Trump.
In anything resembling a free society, thatâs just not negotiable. And no politician who argues otherwise should ever win an election to the position of dogcatcher, let alone governor or president.