An Argument for a Hate License

An interesting freedom-of-speech case went to jury deliberation today in New York. Brendan Hunt, an avid Trump follower, did not participate in the January 6 Capitol building riots, but according to the Washington Post, two days after the riots, posted, “KILL YOUR SENATORS: Slaughter them all.” He encouraged his social media followers to “get your guns, show up to DC and literally just spray these [expletive].”
Hunt claims his postings were never meant to encourage violence. He was bored and depressed, is all, and was entertaining himself. The COVID quarantine led to loneliness, excess drinking and drug use, and an obsession with following news reports on social media.
Freedom of speech laws are incredibly complicated. You can’t yell fire in a crowded theater, but can you upload a video of yourself demanding “patriots…put some bullets” in the heads of members of congress?
Are you allowed to encourage violent actions, and then claim that wasn’t your intent, not really? What about lying? Is that a first amendment right as well?
Hunt is not the first, of course, to hide behind the First. Sydney Powell, a pro-Trump lawyer sued by the Dominion voting machine company, which she had accused of voting fraud, argued that “no reasonable person would conclude that the statements [she made] were truly statements of fact.” She, too, was only expressing her first amendment rights.
Is the first amendment a permission to lie? That’s a weighty question that threatens to occupy courts for a very long time, and cost millions to resolve.
I may have a solution. Let’s encourage local and federal authorities to institute hate/lie licenses, halili for short.
Much like drivers’ licenses, a halili would require applicants to memorize a twenty-page booklet on the rules of racism, falsehoods, and misrepresentation. Afterwards, the learner’s permit would allow holders to say things like, “I don’t like Asian people because they are better at math than I am” ; or “Black people who have rhythm make me feel clumsy when I dance”; or “If English was good enough for Jesus, it’s good enough for them!” [1]
While in possession of a halili learner permit, the hater’s and liar’s motor vehicle would have to wear a little sign on the roof like the Domino pizza delivery guy. The sign would blink on and off and read, “It’s my opinion and I share it.” [2].
This would be an inexpensive way to identify haters and liars at a glance.
Inexpensive is important. We all know that freedom of speech isn’t free. It’s earned.
[1] With apologies to H.L. Mencken
[2] With apologies to Monsieur Prudhomme.
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Published on April 28, 2021 16:13
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