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Freedom for the Speech We Hate

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Freedom of speech is of no value if it only protect speech that we agree with..

The government cannot take sides in public disputes, because by doing so, it becomes a censor and thus infringes upon the free speech rights of those against whom it has taken a position. On the contrary — and this was not done in Charlottesville — the government has the duty to protect the speaker’s right to say whatever he wishes and the audience’s right to hear and respond to the speaker.

When the police decline to maintain order — as was their decision in Charlottesville — they permit the “heckler’s veto,” whereby the audience silences the speech it hates. And when the heckler’s veto comes about through government failure as it did in Charlottesville, it is unconstitutional. It is the functional equivalent of the government’s taking sides and censoring the speech it hates or fears.

The whole purpose of the First Amendment is to encourage open, wide, robust debate about the policies of the government and the people who run it. It would be antithetical to that purpose for the government itself to decide what speech is acceptable and what is not in public discourse. Read more here.