SCOTUS ruling on the First Amendment

Sadly, this slipped by me until now.

The US Supreme just recently released a terribly important opinion on a First Amendment case,

One that will and has upset and pissed off Leftists nationally and globally.

From the WashingtonPost.com:

Supreme Court unanimously reaffirms: There is no ‘hate speech’ exception to the First Amendment

by Eugene Volokh

From today’s opinion by Justice Samuel Alito (for four justices) in Matal v. Tam, the “Slants” case:

[The idea that the government may restrict] speech expressing ideas that offend … strikes at the heart of the First Amendment. Speech that demeans on the basis of race, ethnicity, gender, religion, age, disability, or any other similar ground is hateful; but the proudest boast of our free speech jurisprudence is that we protect the freedom to express “the thought that we hate.”

Justice Anthony Kennedy wrote separately, also for four justices, but on this point the opinions agreed:

A law found to discriminate based on viewpoint is an “egregious form of content discrimination,” which is “presumptively unconstitutional.” … A law that can be directed against speech found offensive to some portion of the public can be turned against minority and dissenting views to the detriment of all. The First Amendment does not entrust that power to the government’s benevolence. Instead, our reliance must be on the substantial safeguards of free and open discussion in a democratic society.

Yes. You read that right. This was a unanimous decision, 8 to 0 (Neil Gorsuch was not on the court when the case was argued). The US Supreme Court incontrovertibly and undeniably upheld our right to free speech. Even the Leftists.

How sad to think that I would — even for one moment — be concerned about this case, as clear to me as it appeared.

And the justices made clear that speech that some view as racially offensive is protected not just against outright prohibition but also against lesser restrictions. In Matal, the government refused to register “The Slants” as a band’s trademark, on the ground that the name might be seen as demeaning to Asian Americans. The government wasn’t trying to forbid the band from using the mark; it was just denying it certain protections that trademarks get against unauthorized use by third parties. But even in this sort of program, the court held, viewpoint discrimination — including against allegedly racially offensive viewpoints — is unconstitutional. And this no-viewpoint-discrimination principle has long been seen as applying to exclusion of speakers from universities, denial of tax exemptions to nonprofits, and much more.

In other words, speech that simply makes you “uncomfortable” and prompts you to head for your “safe space” is still protected speech in these United States of America, no matter what anyone happens to say or think on US college campuses.

I wonder, however, what would happen if I were to attempt to register “The Crackas” as my band’s trademark when it consisted of all Caucasoids?

Oh yes. This: not one fuck given or one shit proffered.

GOWPs. Guilty Overeducated White People.

Even Noam Chomsky believes in free speech, and on campuses.

My final comment: were you aware that the United States of America is one of the very, very few Western Civilization countries left that does not have a “hate speech” law guaranteeing prosecution of that vastly nebulous phrase?

Be thankful.

Be very, very thankful.

But be very, very mindful.

BZ

 

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