Howard Dean wants to make sure the Left’s war on free speech and expression continues, so he decided to misinform trusting Democrats and progressives—who trust the damnedest people lately!—with a Big Lie level tweet. His immediate target was Ann Coulter, whose speaking gig at Berkeley was first cancelled because of the campus’s rampant embrace of “the heckler’s veto” (as well as the “the thug’s veto,” “the bully’s veto,” and”the rioter’s veto,” all increasingly au currant on the Left) by the school’s students, then cleverly re-scheduled by the University to a day when there would be no classes. [Full disclosure: I wouldn’t move from my living room into my dining room to hear Ann Coulter speak.] Dean is a former chairman of the Democratic National Committee, arguably the worst of a terrible lot, and is an expert on “hate speech”, or at least hateful speech, having engaged in it himself often. Notably, for example, he insinuated that President Trump was a cocaine user during the 2016 campaign because a badly set microphone picked up his sniffling during a debate.
The nice thing about the progressive definition of “hate speech” (it has no legal definition, which is also convenient) is that it only includes statements that progressives disagree with or find disruptive to their world view and fondly held beliefs. Hateful speech from Democrats is just the hard truth, so it isn’t “hate speech.” Hate speech from everyone else is unprotected, and should carry criminal penalties.
There is no question that Dean knows “hate speech,” whatever it is, is protected by the First Amendment, but it suits his purpose and his party’s to imbed the lie that it isn’t in the mushy brains of the easily confused. This will greatly assist the Left’s ongoing efforts to stifle debate and make any dissent with progressive cant as difficult as possible. That’s the plan.
And again: progressives and Democrats should be as offended by this kind of dishonesty by their leaders as I am. Why aren’t they? Do they think Dean is correct? Do they think he should be correct? Or is it just that they believe that the ends justify the means? Democrats? Progressives? Hello? Integrity? Honesty? The Constitution? Bueller?
What the hell is the matter with them?
Constitutional law expert and law professor Eugene Volokh mostly controls his exasperation as he tries to set Dean and his uneducated acolytes straight. He begins a thorough dismembering of Dean’s tweeted lie in the Washington Post thusly:
“There is no hate speech exception to the First Amendment. Hateful ideas (whatever exactly that might mean) are just as protected under the First Amendment as other ideas. One is as free to condemn, for instance, Islam — or Muslims, or Jews, or blacks, or whites, or illegal immigrants, or native-born citizens — as one is to condemn capitalism or socialism or Democrats or Republicans. As the Supreme Court noted in Christian Legal Society v. Martinez (2010), the First Amendment’s tradition of “protect[ing] the freedom to express ‘the thought that we hate’ ” includes the right to express even “discriminatory” viewpoints.”
I admit it: I would have added “you irresponsible, shameless fool!”
The professor concludes his definitive slam-dunk of the former Democratic Presidential candidate…
“Of course, one can certainly argue that First Amendment law should be changed to allow bans on hate speech…But those who want to make such arguments should acknowledge that they are calling for a change in First Amendment law and should explain just what that change would be, so people can thoughtfully evaluate it. Calls for a new First Amendment exception for “hate speech” shouldn’t rely just on the undefined term “hate speech” — they should explain just what viewpoints the government would be allowed to suppress, what viewpoints would remain protected and how judges, juries and prosecutors are supposed to distinguish the two. And claiming that hate speech is already “not protected by the first amendment,” as if one is just restating settled law, does not suffice.”
You irresponsible, shameless fool…