Wednesday, July 22, 2020

Cancel Culture Not Popular

Politico leans left, and makes few bones about it. That is their right. Nevertheless they report findings from a recent Morning Consult poll they commissioned which show that roughly twice as many people oppose "cancel culture" as those who support it.

I don't know about you, I'm not surprised. I believe in the First Amendment which protects people's right to say what's on their minds even if you or I don't like those views or want them spoken aloud, or even thought. It also protects our right to say those views are wrong.

Nothing about the First Amendment protects anyone from being ostracized, fired or anathematized for their expressed views. You have a right to say or write what you will, you have no guarantee that your views will be liked, or accepted as reasonable, or make you popular. Or that you will suffer no consequences for your views. Only that you will suffer no governmental consequences therefore.

Where this gets vague is the rule that yelling "FIRE" in a crowded theater is not protected speech, unless there truly is reason to believe a fire exists - smoke, etc. The corollaries of this rule are several.

Suppose a state university believes a student group openly supporting the police will cause violent reactions by its other students and faculty and therefore a real risk of people getting hurt or killed. Is that then speech with which the university - a government institution - can legally interfere? A purist would say "no." I'm reasonably certain several courts have ruled "yes" and I know universities have done so.