Author: Jason Richwine

Free Speech Matters, Even When it’s Not Protected by the First Amendment

“The government isn’t involved, so it’s not a free speech issue.” Follow any debate over censorship these days, and one is likely to hear this misguided view stated repeatedly. It means, in effect, that free speech is a legal right against the government, but not a spirit or value that the broader society should honor. In an interview with Above the Law, First Amendment lawyer Ken White (of “Popehat” fame) colorfully articulates this perspective: Recently you see, from the Right, (and from some Libertarians), a tremendous amount of bullshit about “the spirit of free speech.” “The spirit of free speech” can be summarized as saying that not only is racist speech protected from prosecution and civil suits, it ought also be protected from other people’s response speech…. [N]ot only should they not be prosecuted (right) or sued (right), but it would be wrong to boycott them, shun them, encourage public condemnation of them that might cost them their job, and so forth, because that “chills speech.” Basically, the “spirit of free speech” people want a …