Judge says Education Dept partisan out-of-office emails violated First Amendment

“the First Amendment is a cheap thing if all it provides is the assurance that one may say what a current majority is willing to hear.” Charles Rembar

I think we can all agree on this. It would just be nice if there was consistent enthusiasm for the first amendment when it comes to actual taboo ideas. Are you quoting this when you hear about right wing extremists being canceled or jailed in Europe? In the 1970s, Jewish lawyers at the ACLU defended the American Nazi Party’s right to march in Skokie. Not out of support, but to uphold the principle of free speech for all. What happened to intellectual honesty?

> In the 1970s, Jewish lawyers at the ACLU defended the American Nazi Party’s right to march in Skokie.

Well, that doesn't mean that

a) they were right to do so then, or

b) a better understanding can't have been reached since then.

The Paradox of Tolerance is a very real thing. If you want to make free speech absolutism a religious principle within your own beliefs, go wild, but for those of us who just want to make this world the best place we can to live in, we have to consider what the consequences of different kinds of speech are.

And the consequence of being tolerant of hate speech is that the speech of those being hated diminishes. Their freedom diminishes. Their safety diminishes. Sooner or later, they are driven out of communities that permit hate speech against them.

"Free speech for all", in the sense that absolutely anyone is fully free at any time to say anything they want, and everybody remains equal in this, is a fantasy. And American jurisprudence has rejected that level of "free speech" since very early on—there are laws against libel, incitement to violence, false advertising, and other forms of speech.