Grab your ‘shovels’ and mount your “plows” ladies and gentleman because it’s time to move some snowflakes. The Supreme Court has unanimously confirmed that there is no hate Speech exception to the first amendment. Justice Kennedy writing for four justices said,
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.
As I have long argued, there is no such thing as hate speech, there is no such thing as a hate crime. There is speech, we have crime, and everything else is Orwellian viewpoint discrimination waiting to be abused by tyrants.
This ruling will go a long way to providing fuel for constitutional pushback against the social justice circus. And it is a big circus.
Any entity accepting public money, which includes universities, public schools, non-profits, NGO’s, state and local governments, will all need to take a close look at any provision that might subject them to legal action based on this decision. But don’t wait for them to do it. A little citizen involvement will get that ball rolling. Enlighten them to the risk and encourage “change” before they find themselves spending tax dollars to defend unconstitutionally policies or statutes.
Personally, I’d start with Universities and Liberal State and local government (is that redundant?) first. Low hanging fruit. Send a message.
Get to work.
Note: There were two concurring opinions each by four justices. Only eight justices heard the case – Justice Gorsuch was not on the Supreme Court at the time so did not participate in the final ruling.