As Stanford incident showed, America’s future lawyers and judges fundamentally misunderstand First Amendment rights.
America is experiencing two disturbing simultaneous trends: the rise of mob censorship to shut down speaking events on college campuses, and an attempt to justify it as merely the exercise of “more speech.”
And in November, hecklers drowned out conservative commentator Ann Coulter at Cornell, playing loud music, chanting, shouting at her and repeatedly preventing her from speaking. “We don’t want you here, your words are violence,” screamed one heckler. “It’s called protest,” one Stanford student remarked to Judge Kyle Duncan while the judge objected to being shouted down. “It’s under the First Amendment. I thought you knew about the First Amendment.” Later, after the Stanford administration condemned the incident, a group of protesters papered Stanford Law Dean Jenny Martinez’s classroom with fliers reading, “We have free speech rights too,” and, “‘Counter-speech’ is free speech.
One increasingly common semantic game is to argue that “heckler’s veto” is a legal term and that it applies only when the government steps in to shut down speech in anticipation of a disruptive response. But as a practical matter, the government — or on college campuses, those in the administration — can end up supporting a heckler’s veto through its action or inaction.
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