Howard Dean: No, really, the First Amendment doesn’t protect hate speech
Hot Air ^ | April 24, 2017 | Allahpundit
Posted on 4/24/2017, 9:29:01 PM by 2ndDivisionVet
I grudgingly admire this dude’s willingness to go all-in on his position after having been scolded last week by half the lawyers on the Internet. If you’re out to censor your political opponents on “hate speech” grounds, you can’t let some clucking by First Amendment experts frighten you.
He mentions three cases that supposedly make Ann Coulter’s right to speak at Berkeley a “close call” which ultimately can be infringed on “safety” grounds or whatever. One is the Chaplinskydecision from 1942, in which the Supreme Court held that “fighting words” can be banned because they’re likely to lead to violence. The second is the Snyder v. Phelps decision from a few years ago, when an 8-1 Court upheld the Westboro Baptist Church’s right to picket a fallen soldier’s funeral. The third is the 2002 decision in Virginia v. Black, when the Court ruled that certain types of cross-burnings can be prohibited by the state. Here’s what happened in that case:
On May 2, 1998, respondents Richard Elliott and Jonathan O’Mara, as well as a third individual, attempted to burn a cross on the yard of James Jubilee. Jubilee, an African-American, was Elliott’s next-door neighbor in Virginia Beach, Virginia. Four months prior to the incident, Jubilee and his family had moved from California to Virginia Beach. Before the cross burning, Jubilee spoke to Elliott’s mother to inquire about shots being fired from behind the Elliott home. Elliott’s mother explained to Jubilee that her son shot firearms as a hobby, and that he used the backyard as a firing range....
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