At a recent rally in Michigan, Ohio Senator JD Vance took aim at Tim Walz over comments the Minnesota governor made about free speech during the vice presidential debate, specifically invoking a well-known phrase from a now-overturned Supreme Court case.
On Tuesday night, while discussing threats to democracy, Walz mentioned the phrase “You can’t shout fire in a crowded theater,” a common example of the limits of free speech, originating from Schenck v. United States.
Vance criticized Walz for using what he described as a “disgraced” opinion.
“Governor Walz mentioned yesterday you can’t shout fire in a crowded theater,” Vance said. “That line is from a disgraced Supreme Court opinion, one that has been overturned. It’s used to justify censorship.”
The case decided during World War I, allowed the government to limit speech if it posed a “clear and present danger.” However, this decision was largely overturned in 1969 by Brandenburg v. Ohio, which ruled that speech can only be restricted if it directly incites imminent lawless action.
During his speech at the rally, Vance accused Democrats of pushing for government control over free speech, contrasting this with Republican beliefs.
“I genuinely think this is one very big difference between Kamala Harris and Donald Trump,” Vance said. “I will die fighting to defend their right to speak their mind, even if I disagree with it. Every single person in this room agrees with that because we believe in free speech.”
Vance also claimed that many Americans are fed up with what they perceive as censorship, particularly on social media.
“A lot of Americans are sick of the censorship,” he said. “They’re tired of being told by their government to shut up. We believe in persuading our fellow Americans, not silencing them.”
Vance’s attacks came one day after he and Walz had a calm and polite debate in New York City. They discussed topics ranging from the nuances of manufacturing policy to gun violence, even finding moments of agreement on more than one occasion. Still, their competing visions for the country’s future sharply contrasted.
This shift in tone was notable, especially considering the combative and bizarre nature of the two previous debates between the candidates at the top of the ticket. The two Midwesterners, separated by a generation, struck a more measured tone than the fiery face-off between Trump and Vice President Kamala Harris—to say nothing of Trump’s earlier clash with President Joe Biden, which preceded him dropping out of the 2024 race.
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