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freedom of speech

The best vacations leave you feeling renewed and invigorated, ready to take on the world.

You spend a week on the shore somewhere or at Disneyland or at home binging Netflix and return to work feeling newly energized and inspired.

You know what I'm talking about? Laura Ingraham sure does.


After taking a "pre-planned" Easter vacation (which just so happened to coincide with advertisers dropping her show after she mocked Parkland survivor David Hogg), Ingraham returned to Fox News on April 9 to deliver a searing rant about how conservatives are being persecuted and shut down in America.

Ingraham's return to the air included a vow to "protect" the First Amendment.

Upon her return, Ingraham revealed that her show would feature a new segment. It's called "Defending the First," and according to ABC News, Ingraham has promised that she'll "expose the enemies of the First Amendment, of free expression, and every thought while showcasing those brave voices making a difference."

Ingraham followed this up with an impassioned plea for anyone who's been the subject of First Amendment violations to call on her for aid: "If you have been subjected to threats or intimidation because of your speech, I want to know about it," she said. "Tweet me, because without free speech and a free conscience, we are not truly a free people."

Is a boycott really a violation of the First Amendment though?

In her speech, Ingraham referred to herself as a "victim" of a boycott. The reality, though, is a little different. Ingraham's speech was not curtailed by the government, which is what the First Amendment is about.

Whenever this subject is brought up, I think of this XKCD comic, which is a nice reminder of which rights the First Amendment protects. (Hint: It's not the right to a TV show.)

[rebelmouse-image 19533212 dam="1" original_size="750x765" caption="Comic by XKCD, used with permission." expand=1]Comic by XKCD, used with permission.

Let's break it down further:

Had Ingraham been arrested, thrown in jail, or otherwise detained by agents of the government, then yes, she would absolutely have a point.

As the comic perfectly explains, however, as much as Ingraham may like to think of herself as a victim, freedom of speech doesn't protect you from the consequences of the things you say. Nor can it force anyone to listen to you if what you've said isn't to their liking.

So if you malign the survivor of a mass shooting for not getting into a college and advertisers decide that's not where they want to put their money, their refusal isn't curtailing any civil liberties.

Boycotting is a legal and time-honored tradition of voting with one's money.

While Ingraham paints boycotting as something only "liberals" do, we must remember that conservatives are not new to cutting off businesses they do not agree with.

In 2017, conservatives boycotted Keurig (in the strangest way) when it stopped advertising on Sean Hannity's show. They also boycotted Nordstrom after it dropped Ivanka Trump's line. When Target announced a move to be more inclusive of the trans community in 2016, a boycott reportedly led the chain to lose millions of dollars.

President Donald Trump is no stranger to calling for boycotts either. While campaigning in 2015, he suggested Starbucks should be boycotted for not putting "Merry Christmas" on their cups. And in 2017, he called for NFL fans to walk out of games if players kneeled during the national anthem and said that protesting players should be fired.

Will Ingraham be championing those that have been hurt by these boycotts as well?

Let's not forget that Ingraham was making these points on her nationally broadcast talk show.

The idea that she's a victim feels a little hollow when you realize Ingraham's speaking from a national pulpit and earning millions of dollars while demanding compassion and righteous indignation from her legions of supporters — supporters she is allowed to speak at on a regular basis without fear of repercussions even as she refers to those who oppose her as "Stalinist." (FYI: Stalin would have never stood for this kind of free-wheeling invective on public media.)

You may remember the time Ingraham was accused of doing the Nazi salute, accused Hillary Clinton of doing the same thing in retaliation, and then still ended up with her own show instead of being prosecuted? Sounds a lot like free speech to me.

The First Amendment affords us all the right to speak out.

Defending the First Amendment makes perfect sense, but as XKCD so brilliantly points out, we owe it to ourselves and one another to understand what we're defending first.

Ingraham's talking points will surely rile up her fanbase. But her rhetoric — that any criticism of conservatives is tantamount to First Amendment violation — is disingenuous and divisive.

The First Amendment protects Ingraham's right to say what she wants. It doesn't mean anyone has to listen.

More

Watch J.K. Rowling slam Trump and defend freedom of speech like a boss.

'I find almost everything that Mr. Trump says objectionable.'

It's safe to say J.K. Rowling is not a fan of Donald Trump.

She once claimed that Voldemort — the evil, mass-murdering wizard hell-bent on world domination in her novels — "was nowhere near as bad" as the presumptive 2016 GOP nominee for president. 

So I think Trump has yet to win her over.


Carl Court/AFP/Getty Images.

Yet even with her deep-rooted dislike of the reality TV star-turned-presidential hopeful, Rowling came to his defense in a speech on May 16, 2016.

Well ... sort of.

At the PEN America Literary Gala in New York City, where Rowling received the PEN/Allen Foundation Literary Service Award, the author explained why she opposed a popular petition in the U.K. that had aimed to ban Trump from entering Britain. 

Trump's past comments on Muslims, petitioners had argued, qualify as hate speech, and he should not be welcome there.

Photo by Brendan Smialowski/AFP/Getty Images.

In her speech, Rowling explained that the freedom of speech that protects his offensive language is the same freedom that protects her right to call him a "bigot":

“Now, I find almost everything that Mr. Trump says objectionable. I consider him offensive and bigoted. But he has my full support to come to my country and be offensive and bigoted there. His freedom to speak protects my freedom to call him a bigot. His freedom guarantees mine.”

Photo by Ben Pruchnie/Getty Images.

"If my offended feelings can justify a travel ban on Donald Trump, I have no moral grounds on which to argue that those offended by feminism, or the fight for transgender rights, or universal suffrage should not oppress campaigners for those causes."

Ultimately, the petition Rowling referred to failed to produce an actual ban on Trump's entry to the U.K. — but not before British parliament had a field day debating the matter, many members using the opportunity to slam the real estate mogul's offensive comments against immigrants and Muslims.

Rowling's remarks serve as a great reminder that, yes, even presidential candidates have the right to say unconscionably offensive things.

As historian Evelyn Beatrice Hall once wrote in reference to a thought by famed philosopher Voltaire, "I disapprove of what you say, but I will defend to the death your right to say it."

During a very heated election season, her words are ones we should all keep in mind — even if it means accepting the racist, sexist, Islamophobicableisthomophobicxenophobic and flat-out despicable things that trickle out of Trump's mouth and into a megaphone.

So, I say we do Rowling a solid and focus on keeping Trump as far away from the White House as possible — not attempt to censor the harmful things he has to say.

Photo by Thos Robinson/Getty Images for MoveOn.org Political Action.

Watch footage from the gala, including J.K. Rowling's speech, below.

Rowling's speech starts at about the 1:49:00 mark.

Understatement of the century: The KKK isn't exactly known for doing nice things.

The white supremacist hate group known as the Ku Klux Klan started in the mid 1800s and still exists today, albeit in much smaller and less active factions.

One of those factions, named the International Keystone Knights of the Ku Klux Klan is in Georgia.


And believe it or not ... the group wants to pick up trash as part of Georgia's adopt-a-highway program.

While that may sound like a good thing, consider the fact that as part of the program, all motorists driving along the Appalachian stretch of highway near the North Carolina border would have to drive past a sign that says "IKK Realm of GA, Ku Klux Klan."

Photo by Justin Sullivan/Getty Images

Which is why the state of Georgia saw the KKK's request and responded with a resounding, "Thanks but no thanks."

Now, the monthslong conflict over the hate group's right to free speech and Georgia's inclination to not hang a giant KKK ad on the highway is heading to the state's supreme court.

The interesting thing about this case is that, while free speech is at the heart of the issue, it's not really a free speech case.

The case largely boils down to the concept of "state sovereign immunity," which essentially says that no one can criminally prosecute the state without the state's consent.

To put it simply: The KKK wanted to participate in a state-sanctioned adopt-a-highway program which would involve having a sign promoting their hate group on government property. The state of Georgia declined that request, at which point the KKK decided to sue the state for infringing on its right to free speech. The state of Georgia then cited "state sovereign immunity" and said, "Nope, sorry, we can't be sued for that."

Maya Dillard Smith, executive director for the American Civil Liberties Union in Georgia, told The Washington Post that the state's sovereign immunity claim is "disheartening."

Frankly, if the state of Georgia doesn't want to hang up a big sign with the KKK's name on it just to get a couple miles of highway cleaned, it's hard to disagree with that decision.

Photo by John Moore/Getty Images.

The ACLU's argument, however, is that refusing to allow the KKK to participate in adopt-a-highway sets a dangerous precedent of regulating speech.

"It will be expanding the right of the state to engage in viewpoint discrimination," Smith said in a statement, explaining that if the state wins the case, it will be given "a license to refuse participation of individuals and groups whose speech the government disagrees with."

“Today it’s the KKK," Smith told the Post, "Tomorrow it’s journalists, lobbyists, religious evangelicals and even Black Lives Matter."

Of course, "slippery slope" arguments like that are a logical fallacy and can easily be argued in the other direction: Today it's a KKK sign, tomorrow it's a KKK billboard, a KKK recruitment center...

You get the picture.

Legal nuances aside, the case does raise a lot of difficult questions about our First Amendment right to free speech.

If it seems strange that the ACLU is defending a hate group's right to free speech, it's worth noting that the organization has a history of defending free speech for noted hate groups, including the American Nazi party and, on multiple other occasions, the KKK.

Anthony D. Romero, executive director of the ACLU in 2006. Photo by Karen Bleier/AFP/Getty Images.

And as tough as it may be to swallow, all of those parties do have the right to express their beliefs in America. That whole "I may not agree with what you say, but I will defend with my life your right to say it" thing isn't just a patriotic Instagram quote graphic; it's actually one of the things that makes America great.

The right to speak freely is a fixture of democracy that we take pretty seriously.

The right to free speech doesn't mean the right to free speech without consequences. Problems arise when what's being said goes beyond being just "disagreeable."

The KKK's message has always been one of hate and racism, and their history is deeply saturated in violence, murder, and rape.

If you're someone whose ideals are entrenched in violence and hate, one of the consequences of you exercising your right to free speech might just be your government telling you to please shut the hell up.

Yes, you. Photo by William Thomas Cain/Getty Images.

That's true for any entity. Free speech is often misinterpreted as the right to say or promote whatever you want wherever you want, but there are restrictions. For example, you can't yell "fire" in a movie theatre or promote violence against women on Facebook (though the latter is more recent and, disappointingly, only loosely enforced).

Things get more complicated when you're talking about governments, and the ACLU raises an interesting question about setting precedents that would allow the government to censor groups it simply doesn't agree with.

That's why laws about defining and litigating hate speech are still the subject of much debate and controversy here in America.

That's also why we have supreme courts. In this case, the Supreme Court of Georgia's job is to interpret the Constitution's assertion of "free speech."

Interpreting and defining just what the Constitution protects under the First Amendment is no easy task, especially because the parameters of "free speech" are constantly shifting, evolving, and growing on a case-by-case basis.

Just in the last couple of years, the United States Supreme Court has had to interpret and rule on free speech as it applies to animal cruelty, promoting illegal drug use, and abortion buffer zones.

Supreme Court justices are the final defenders and interpreters of our Constitution, and even they have to constantly rethink and reinterpret what the seemingly simple concept of "freedom of speech" actually means.

So when the Senate Judiciary Committee says it won't have any hearings to confirm a presidential appointment to the United States Supreme Court, they're not just playing politics. They're playing fast and loose with some of the most important moral and legal decisions this country has to make.

Sen. Mitch McConnell (R-Kentucky), who's said he will reject any Supreme Court nomination made by President Barack Obama. Photo by Chip Somodevilla/Getty Images.

We'll soon find out if the state of Georgia has the right to disallow a hate-group group from participating in the adopt-a-highway program that is open to any other citizen.

Whether you think censoring a hate group is the right thing to do or that to do so would set a dangerous precedent, this case shines a light on just how complicated free speech can be and how important cases like this are to pay attention to.

Freedom of speech is something many of us take for granted. But it can be challenged, expanded, or restricted as time goes on and culture changes. But it's an inalienable right that we'll have as long as there are people willing to defend it.