Opinion: New York’s governor wants to ‘silence’ constitutionally protected speech
When politicians echo Justice Oliver Wendell Holmes’ famous observation about “shouting ‘fire’ in a crowded theater,” it typically means they are trying to justify unconstitutional speech restrictions. So it was with New York Gov. Kathy Hochul’s comments after the racist mass shooting that killed 10 people at a Buffalo grocery store on Saturday.
“I’ll protect the First Amendment any day of the week,” the governor said. “But you don’t protect hate speech. You don’t protect incendiary speech. You’re not allowed to scream ‘fire’ in a crowded theater. There are limitations on speech.” Hochul, who has a law degree, should know that. But her allusion to the analogy that Holmes drew in the 1919 case Schenck v. United States tells you how little regard she actually has for the freedoms she claims she is prepared to defend “any day of the week.”
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