Trump's Terms Law professor says stifling free speech is no way to commemorate Kirk's legacy
Sep 17, 2025
A law professor discusses the heated debate around free speech following Charlie Kirk's death. He emphasizes that honoring Kirk means fostering open debate and highlights the complexities of free speech laws. The conversation also touches on the implications of private employers controlling speech and warns against ideologically motivated investigations. Turley sheds light on how Kirk's so-called watchlist reflects a broader concern about political bias on campuses.
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Defense Of Free Debate
- Charlie Kirk advocated debate and exposing hypocrisy rather than limiting speech.
- Honoring his legacy requires resisting moves that would silence unpopular voices.
Limit Criminal Charges To Clear Incitement
- Avoid using criminal prosecution for private speech unless it meets the Brandenburg imminent-violence test.
- Do not let government expand prosecutions after a violent event to punish offensive speech.
Tragedy Can Be A Pretext For Censorship
- Tragedies can be used as pretexts to expand speech prosecutions by the same actors who previously enforced limits.
- That tactic dishonors victims and repeats a harmful pattern seen after Charlie Hebdo.
