Friday, April 21, 2017

"Howard Dean Thinks ‘Hate Speech Is Not Protected By the First Amendment.’"

Via Instapundit:  Here we go again: Former Democratic National Committee chairman tweeted

Dean's tweet was a response to another tweet from a former New York Times reporter who pointed out that Ann Coulter once joked about how Timothy McVeigh should have blown up The NYT instead of a federal building. Coulter is in the news because the University of California-Berkeley cancelled her planned visit to campus on grounds that administrators could not guarantee her safety—irate protesters have vowed mob violence if she speaks. The university has now reversed that decision, thankfully.

Coulter's history of engaging in hate speech might be a reason for students not to invite her to speak. But her speech, hateful though it may be, is not illegal. The Constitution does not exempt "hate speech" from First Amendment protection.

Similarly, the Supreme Court does not recognize "hate" as a category of speech outside the scope of the First Amendment. In the 2011 decision Snyder v. Phelps, the Supreme Court ruled 8-1 in favor of the Westboro Baptist Church's right to picket a military serviceman's funeral and wave signs displaying such messages as "God hates you," "fag troops," and "You're going to hell." If this kind of speech is constitutional, it seems obvious that Coulter's joke is as well.

Specific, true threats of violence are not protected by the First Amendment. But even if Coulter's remark was intended to be serious, it would have amounted to an endorsement of previous violence, not a call to future violence.

So Dean should brush up on the First Amendment.

(Link to the rest)

13 comments:

edutcher said...

"Howard Dean Thinks"

There's your error right there.

Jim in St Louis said...

Ann C is not my favorite. She says dumb and mean things just to be provocative, her jokes are lame, and notoriety seems to be her goal. I view her as another loud mouth celebrity want-a-be who does not have many serious ideas or even a conservative viewpoint.

More power to her, and I hope she gets lots of publicity from this cancelation and that her message now goes far and wide.

chickelit said...

AHHHHAAAYEAH!

ndspinelli said...

Does he still perform late term abortions?

I'm Full of Soup said...

I think Ann Coulter is brilliant and funny and she has bigger balls than most elected Repub officials.

In one of her books, she goes off on the liberal argument that walls don't work...she says that is like saying, when you have a leak, that buckets don't work. If walls don't work, why are there walls around the White House and The Vatican?

Her primary argument is that since 1970 or so, the Dems realized the current populace did not like them so they used immigration policy to import voters who would vote Dem. Looking back, can anyone really argue with that?

She also makes the point that almost all the big tech behemoths were founded by and are run by white men [some are immigrants of course] yet our immigration policy favors the Third World uneducated immigrant and Dems rave about diversity and want tech people from India and Pakistan etc.

edutcher said...

Jim in St Louis said...

Ann C is not my favorite. She says dumb and mean things just to be provocative, her jokes are lame, and notoriety seems to be her goal.

Before Donald Trump, there was Ann Coulter. I think she's really lost her way since her father died. Her aim was pretty good before then, but since she's come out for people like Chris Christie and McConnell as "true" Conservatives.

As AJ notes, a lot of people "think Ann Coulter is brilliant and funny and she has bigger balls than most elected Repub officials". That's her appeal - she calls 'em like she sees 'em.

Sometimes wrong, but she's always real.

Chip Ahoy said...

Nnnnnnyeah, what an im bell sill, what a nincompoop, what an ultra maroon.

I remember when he was young and adorable, I said, "Howard", I said, you're going to grow into a thick and ugly old fool. And he goes, "I am not. I'm rich, and I'm getting into politics and that means I'll be gorgeous forever." And now, just look at him.

Evi L. Bloggerlady said...

If hate speech is not protected, then Howard Dean's speech is not protected.

Amartel said...

Progressivism=brain rot.

Amartel said...

Does anyone actually think "I'm going to express hate."
No.
There is no "hate speech."
There is only speech.

ndspinelli said...

OT. I may be wrong, but I think our gaydar guru Titus pegged Aaron Hernandez as gay a while back? Well, Titus was wrong in taking the bait from the Hernandez attorney that this was not a suicide. But, Hernandez left a suicide note to his GAY LOVER.

Titus has become a good commenter since he gave up his schtick. He has superb gaydar skills and hopefully stops by here more often w/ his insights.

Known Unknown said...

"She says dumb and mean things just to be provocative, her jokes are lame, and notoriety seems to be her goal."

Theories exist that she's an edgelord (someone who says provocative things that they don't necessarily believe.)

ampersand said...

Cut to the chase, what Dean and all other politicians believe is that speech they hate is not constitutionally protected. If we had an honest Supreme court instead of the many weasel lawyers on it they would've put a silver bullet in hate speech laws a long time ago.