First Amendment
Emma Camp | 10.2.2024 1:59 PM
It would be nice if everyone on a presidential ticket understood how the First Amendment works, but unfortunately, that seems to be too much to ask of Minnesota Gov. Tim Walz. During an exchange about censorship and threats to Democracy—springing, inexplicably, from Sen. J.D. Vance (R–Ohio) dodging a question about whether former President Donald Trump lost the 2020 election—Walz made two major free speech fumbles. He claimed there is no First Amendment right to "hate speech" and repeated the myth that you can't shout "fire" in a crowded theatre.
When Vance pivoted to correctly pointing out that Walz had previously "said there's no First Amendment right to misinformation," Walz interjected, adding "or threatening, or hate speech."
But Walz is wrong. While threats aren't protected by the First Amendment, "hate speech" most certainly is. Speech that is merely offensive—and not part........