The Vermont Conversation with David Goodman

Will free speech survive Trump? FIRE's Aaron Terr is concerned.


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Democratic and Republican political leaders have universally condemned the killing of prominent conservative activist Charlie Kirk. But President Donald Trump lashed out at Democrats and other political opponents, charging without evidence that their “rhetoric is directly responsible for the terrorism that we're seeing in our country today.” Trump and other top officials are now promising a broad crackdown on the free speech of his opponents.

U.S. Attorney General Pam Bondi announced that she would “absolutely target” protesters engaging in what she called “hate speech.”

Critics, including many conservatives, have noted that the first amendment right to speech does not include an exception for “hate speech” and that it would be unconstitutional to target people for their overheated rhetoric.

“So-called ‘hate speech’ is free speech,” asserted Aaron Terr in an essay for the Foundation for Individual Rights and Expression (FIRE), where he is director of public advocacy. FIRE is a national group that advocates for and defends free speech.

“The ever looming threat is that when people are in power, they always are going to have this motivation to crack down on speech that threatens their hold on power, that opposes their policies and their views,” Terr told The Vermont Conversation.

“I'm worried that (Trump) is setting the stage for a broader government crackdown on speech on the administration's political opponents and that will really only make the situation worse,” said Terr. “The remedy that our First Amendment envisions for speech that we find potentially harmful is not to suppress it. It's not to silence the speaker, but to push back against it, to call it out, to counter it with better ideas.”

Notably missing from Trump’s broadsides are actual examples of leading Democrats or liberal organizations “celebrating” Kirk’s murder.

The baseless argument that Democrats and “the Left” are responsible for a violent conspiracy against the country obscures the reality that the overwhelming source of political violence in the U.S. comes from the far right. A study examining terrorism in the U.S. in recent years showed that violent far-right extremists have been responsible for 87% of the terrorism fatalities in the United States and 69% of the attacks.

In a political environment in which the president characterizes his opponents as "evil" and "scum," violence has become normalized. FIRE recently published the results of a survey of college students that revealed that in 2020, about 1 in 5 students said it was "ever acceptable to use violence" to stop a speaker. That number has since risen to 1 in 3 students, a 50% increase in the level of support for political violence among college students over the last 5 years.

“Free speech isn't a conservative or liberal value. It's a constitutional value. It's a check on power," Terr said. "We need the First Amendment because power brings with it the temptation to silence dissent. That's human nature. And the beauty of free speech is it ensures that no single person or administration can declare by fiat what's true or false, what's right or wrong and make it illegal to disagree. And wherever you fall politically, you have a stake in being free from that kind of authoritarian control. My biggest worry is that people are just losing faith in the importance of free speech.”

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