Returning to the theme of my original post, Free Speech is under assault on many fronts.

I first made the point that "counter-demonstrations" against people who are regarded as engaging in unacceptable "hate speech" are assaulting First Amendment provisions for Free Speech when the counter-demonstrators engage in violence or intimidation with the specific intent of silencing the speech they oppose.

Then in a later post I gave several examples of the assault on Free Speech on college campuses, where violence, rioting, and burning were the weapons of those opposing Conservative Speakers scheduled to give talks on campus.

Now, let's talk about people who are asserting that the First Amendment does not protect "hate speech." Most notable among this group is former Chairman of the Democratic National Committee, and former Governor of Vermont Howard Dean, who has made this claim. Other public officials, like the Mayor of Portland, Oregon, have made the same claim.

However, the Supreme Court has repeatedly invalidated laws which were intended to bridle "hate speech." One such law was Ohio's criminal syndicalism law, prohibiting public speech that advocates various illegal activities. (Brandenburg vs Ohio) Brandenburg was a KKK leader speaking at a KKK rally.

Another law prohibited "display of a symbol which "arouses anger, alarm or resentment in others on the basis of race, color, creed, religion or gender." It was used against a man who burned a cross on someone's lawn. (R.A.V. vs City of St. Paul) In a 9-0 unanimous decision, the Court ruled that the First Amendment prevents government from punishing speech and expressive conduct because it disapproves of the ideas expressed.

One last example of attempts to pass laws restricting Free Speech. When members of the Westboro Baptist Church picketed the funeral of a Marine while displaying offensive signs, such as "Thank God for Dead Soldiers," the family of the Marine sued them. (Snyder vs Phelps) The Court held that the First Amendment shields those who stage a protest at the funeral of a military service member from liability.

Now, I don't endorse any of the offensive acts described in these cases. But, I do believe most sincerely that the First Amendment to the Constitution protects offensive speech.


Carl in Tampa

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