If you’re a free-speech lawyer, you face a choice: Either expect to be disappointed by people of all political stripes — or go crazy. I choose low expectations.
Again and again, political actors preach the importance of free speech, only to reach for the censor’s muzzle when it helps their side. If, like me, you defend free speech as a principle rather than invoke it opportunistically, you get distressingly accustomed to seeing the same people take opposite positions on an issue, sometimes within the space of just a few months.
On the first day of his second presidential term, for example, Donald Trump signed an executive order titled “Restoring Freedom of Speech and Ending Federal Censorship,” castigating the Biden administration for pressuring online platforms to censor Americans’ speech. Last Thursday Mr. Trump mused that when broadcasters portray him negatively, “maybe their license should be taken away.”
Or consider hate speech. The concept was developed in the 1980s by leftist legal scholars like Richard Delgado and Mari Matsuda, and it shaped the campus speech codes and so-called political correctness of the 1990s. Intellectuals on the right were quick to contest the idea of hate speech — U.S. law does not recognize a general hate-speech exception to the First Amendment, and never has. Charlie Kirk rejected the idea of using hate speech rationales to crack down on free speech. Yet after Mr. Kirk’s assassination, Republicans rushed to promise crackdowns on hateful expression, deploying the same concept.
Last week, Attorney General Pam Bondi vowed that “we will absolutely target you, go after you, if you are targeting anyone with hate speech.” When Mr. Trump was asked about this statement by Jonathan Karl of ABC, he said that Ms. Bondi would “probably go after people like you,” and that Mr. Karl’s network — which last year settled a defamation lawsuit brought by Mr. Trump — paid “$16 million for a form of hate speech.”
Critics of the idea of hate speech, including my organization, have long warned that the concept is so vague and broad that it provides a handy weapon to censor almost any opinion. Unfortunately we have been vindicated on this point.
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The post The Censorship You Practice Today Will Be Used Against You Tomorrow appeared first on New York Times.
