What A Day How To Survive Online Speech Wars Without Self-Censorship
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Sep 29, 2025 In this discussion, Ari Cohn, lead counsel at the Foundation for Individual Rights and Expression, sheds light on U.S. legal protections surrounding online speech. He explores the dangers of self-censorship following public backlash, notably after the assassination of conservative activist Charlie Kirk. Cohn elaborates on unprotected speech categories like incitement and threats, while urging robust defense of free speech, even when it feels counterintuitive. He stresses the importance of clear boundaries and advises citizens on how to express opinions without risking their jobs.
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Real Consequences After Charlie Kirk's Death
- Following Charlie Kirk's assassination, many people were doxxed or fired for online comments about his death.
- Employers and activists flagged posts ranging from celebration to critical commentary, leading to terminations.
Hate Speech Is Not A Legal Category
- There is no separate legal category called "hate speech" under U.S. First Amendment law.
- Only narrow categories like incitement, true threats, obscenity, fraud, and defamation are unprotected.
Incitement Requires Imminence And Intent
- Incitement requires intent and a high likelihood of imminent lawless action.
- "Imminent" means the unlawful act must be expected to occur right now, not minutes or days later.