These Candidates Have Terrible Views on Freedom of Speech
Oct 4, 2024
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Brent Skorup, a legal fellow at the Cato Institute, and Nico Perrino, executive vice president of the Foundation for Individual Rights and Expression, tackle the troubling views on free speech from various political candidates. They dissect Democratic VP nominee Tim Walz’s misunderstanding of the First Amendment and Donald Trump's threats against Google. The conversation also highlights the dangers of censorship, the misuse of the 'shouting fire' analogy, and the need to protect First Amendment rights in an evolving digital landscape.
Candidates' misunderstandings of the First Amendment, particularly regarding hate speech and misinformation, alarm free speech advocates amid political debates.
The irony of demanding accountability from tech companies while endorsing regulations that may empower censorship highlights the complexities surrounding free speech rights.
Deep dives
Confusion Surrounding Free Speech Protection
The recent vice presidential debate highlighted a concerning misunderstanding of First Amendment protections among candidates. One candidate expressed views suggesting that hate speech and misinformation are not protected, which worries free speech advocates who recognize the historical precedence of protecting such speech. Historical examples, such as the Supreme Court's rulings on hate speech cases like Texas v. Johnson and Snyder v. Phelps, emphasize the principle that the government cannot restrict speech merely because it is offensive to society. This misunderstanding raises alarms, especially given that the individuals making these claims hold significant political power and should ideally be well-informed about constitutional rights.
Shouting Fire in a Crowded Theater Fallacy
The argument that one cannot shout fire in a crowded theater has been misused to justify censorship in many contexts, drifting away from its original legal implications. This phrase originates from the Schenck v. United States case, where it was used to justify the criminalization of dissenting anti-draft speech. The example serves as a warning against oversimplifying the complexities of free speech rights, particularly when mainstream political figures casually invoke it in debates. Such references can endorse a legacy of censorship that undermines civil liberties, indicating a need for deeper understanding among lawmakers about the nuances of free speech jurisprudence.
The Role of Technology in Free Speech Regulation
Debate on how to handle misinformation and censorship in relation to social media platforms has led to contradictory stances among candidates while addressing public concerns about free speech. Many politicians call for accountability from tech companies over the content they permit but often overlook the implications of restructuring regulations like Section 230, which protects these platforms from liability for users' content. There is an irony in acknowledging the value of free speech while simultaneously endorsing regulations that would empower these companies to censor more aggressively, thereby stifling the very discourse they seek to protect. The conversations around technology and misinformation must navigate careful ground to avoid repeating historical mistakes in free speech rights.
Democratic VP nominee Tim Walz seems to have a poor understanding of what the First Amendment protects. Donald Trump pledges to use the Department of Justice to punish Google over the presentation of negative news stories about him. Cato's Brent Skorup and Nico Perrino of FIRE detail the candidates' troubling views.