Howard Dean and UC Berkeley are Wrong About the First Amendment

But you expected that.

The college is scared of Ann Coulter, and Howard Dean is concerned that Coulter might incite violence, despite lots of proof that it is the left which has picked up rocks ‘in the wake of the election of Donald Trump…’

Eugene Volokh points out the Former Vermont Governor doesn’t know his law.

So, no, “hate speech” is not unprotected by the First Amendment. Its punishment is not authorized by the “fighting words” doctrine. Universities may not exclude Ann Coulter based on her viewpoints on immigration or anything else. And even if they can impose viewpoint-neutral restrictions on what a speaker may say, they can’t exclude Coulter up front just because they think she’ll violate those restrictions.

Berkeley conservatives are suing the school over the cancellation of Ann Coulter’s appearance:

“Berkeley promises its students an environment that promotes free debate and the free exchange of ideas,” the lawsuit said, but the promise was breached “through the repressive actions of university administrators and campus police.”

They’re probably doomed to failure in the suit, as everybody knows by now that if you want a free exchange of ideas, you don’t go to Berkeley — as a student or as a conservative speaker.


I wish the Howard Dean’s of the world would just be honest: They want to muffle conservative voices, because they fear the loss of power. If he’d just say “If Ann Coulter gets her way, there will be less government, more emphasis on freedom, and dinosaurs like me will be in the dustbin of history.”

I remember when Coulter had to face pies in the face, but yet she still visited campuses…because that’s where the young mush-heads lived.  Now the threats are far greater, and she still wants to speak up.


By the way, regular readers here know that I don’t hate. Except that I hate hate. I don’t support fascism from the right, and won’t tolerate it from the left, either. The temper tantrum from the left is dangerous and juvenile. 

I will support speech your free speech as long as you do not incite violence. 

Violent leftist goons do not have the right to shut down free speech. Nobody does. Not here.

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6 Responses to Howard Dean and UC Berkeley are Wrong About the First Amendment

  1. This Other Latin F*cker says:

    Looks like Ms. Coulter has cancelled her speech. The only reference I found to the cancelation was brief and quoted her as saying that she looked over her shoulder and her allies were now on the other side. Not sure who she is referring to.


  2. The timeline is pretty complex. Her cancellation is just the latest. Apparently the last straw was the collapse of support from one of the campus groups.


    • gmhowell says:

      I have a hard time blaming the kids; Ann can come in, speak, and run out. These kids have to toe the line with administrators, instructors and peers until graduation. Get out of line, and any of those other three groups could screw up graduation. Not everyone is cut out for that kind of fight.

      On Wed, Apr 26, 2017 at 2:18 PM, Dave Alexander & Company with David Edgren and Gus Bailey – The Artisan Craft Blog wrote:

      > Dave Alexander (formerly ukuleledave) commented: “The timeline is pretty > complex. Her cancellation is just the latest. Apparently the last straw was > the collapse of support from one of the campus groups.” >

      Liked by 1 person

      • Pablo says:

        Worse yet, they stand to be forced to bear the liability for those who get hurt (or wish they had.) That could end a student group in short order. The university and Berkeley PD are to blame here.

        In other news, Gavin McInnes is going to speak tomorrow, just to give Antifa something to riot about.

        Liked by 1 person

  3. onwyrdsdream says:

    Left and right are a somewhat deceptive distinction that makes the various qualities of the US right align in the minds of some with the ww2 European right. In that case, the distinction was between nationalists and globalist forms of socialism. The US right isn’t socialist in the first place.

    A better distinction is between collectivists and individualists. Now, there are both on both sides, but though it is ironic, anarchists fall under the collectivist side. This is easy enough to see in their own writings and the development of their ideology, which holds that all individuals should have access to all production, eliminating any control over the means of production. That said, central to fascism is the central idea of a bundle of sticks- that sticks tied together were stronger than sticks alone. In his day Mussolini was a man who was reputed to have finally found a way to make socialism work.

    And of course, the masked miscreants making the most of mobbey have certainly inherited the techniques of similar sorts in pre ww2 Germany. I challenge them to name even one way in which the people they stand against bear a closer resemblance to actual fascists than they themselves. Nationalism alone isn’t enough, as it is a trait held not only by evil nations, but also every single one that was good. And for that matter, the Soviets which produced that lovable leader Stalin and shother at people trying to get Christmas trees was globalist/collectivist.

    Liked by 1 person

  4. Yes, the blame goes to the university, and especially to the mobs in the streets. The heckler’s veto is at work here — as Berkeley officials can throw up their sweaty palms and say that they can’t afford security or police for a “controversial” speaker because of possible mob violence.

    In fact, the poor policing and hands off attitude during the last few events only encourage the left wing mobs.

    Liked by 1 person

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