by Will Jones, Daily Sceptic:
Democrats are no longer hiding their plan to censor America, with the First Amendment seen as a major barrier to “hammering disinformation out of existence” and no longer fit for purpose, says Andrew Doyle in UnHerd. We have been warned. Here’s an excerpt.
Speaking at the World Economic Forum earlier this month, former Secretary of State John Kerry argued that when it comes to “disinformation”, the “First Amendment stands as a major block to be able to just, you know, hammer it out of existence”.
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The First Amendment codifies a ‘negative liberty’, not a licence for certain behaviour but rather a protection from government interference. It reads: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” It can function as a kind of barrier to the worst excesses of the illiberal Left, even at a time when their party of choice occupies the White House.
Such challenges to the First Amendment began around 10 years ago with the emergence of the Critical Social Justice (or ‘woke’) movement, which sought to promote equity according to group identity through authoritarian means. In March 2018, an article appeared on the website of the American Civil Liberties Union (ACLU) which noted that by this point it was “common” for Leftist activists “to call for lower legal protections for speech”. The writer concluded that such calls were misguided, describing the First Amendment as “our most powerful tool to keep the government from regulating the conversations that spark change in the world”.
But other activists took a different view from the ACLU. In 2018, two of the founders of Critical Race Theory, Richard Delgado and Jean Stefancic, republished their 1997 book Must We Defend Nazis?: Hate Speech, Pornography, and the New First Amendment. This version of the book was modified according to the shift in activists’ demands, and the subtitle was now Why the First Amendment Should Not Protect Hate Speech and White Supremacy. In that same year, activist and legal scholar Justin Hansford argued in the Yale Law Journal Forum that, when it comes to race, the “marketplace of ideas” does not apply. “When ideas on race that would disrupt the racial hierarchy of white over Black emerge,” wrote Hansford, “the First Amendment is disproportionately applied to trample that dissent”. …
A snobbish mistrust of the masses lies at the heart of the opposition to the First Amendment, a feature that we can trace to the Frankfurt School and the French postmodernists of the 60s, two groups that have substantially influenced the philosophy behind Critical Social Justice. According to this view, popular culture has created a society of unthinking clones. What Herbert Marcuse described as the “one-dimensional man” is irredeemably blind to his own subjugation and reacts mechanically according to decrees from above. According to this perspective, “hate speech” has the power to rile up one group against another, even though the evidence for this claim is scant.
Those of us familiar with the concept of the “long march through the institutions” will be aware that these theories take time to percolate and to infect the mainstream. John Kerry’s recent remarks would suggest that First Amendment scepticism has finally made the leap from academic activism into the political sphere. Whether it gains traction in its new home should trouble us all. …
There was a telling moment in the recent vice-presidential debate, in which Tim Walz interjected to claim that “hate speech” is excluded from First Amendment protections. The remark was so fleeting that it was not even included in the official CBS News transcript, but it was perhaps the most significant moment of the evening. If the Democrats are triumphant in the election, Americans will be governed by an administration that does not believe the First Amendment is fit for purpose.
