Thursday, March 24, 2016

A Freedom of Speech Problem Raised by the Trump Candidacy.

1.  Donald Trump says grotesque things at his rallies.

He has a right to do so. This isn't really a problem.

2.  People protesting Donald Trump show up to his rallies and mayhem frequently ensues.

This is a problem because there is an apparent conflict between the right of Trump to say what he wants and the rights of protesters to express their views. And it's a tricky one. First of all, as long as he's not receiving federal money, Trump seems to have the right to exclude whomever he once to from his events because the restraints of the First Amendment apply to the government and anyone receiving funding from it. Trump is receiving the Secret Service's protection, however, and maybe that's enough to make him "government" under the First Amendment. I don't know; if you do, send me an email and I'll update this.

In terms of free-speech values – not necessarily the same thing as what the law does or doesn't protect – I think that both Trump and the protesters have have a right to have their views heard. I do not approve of anyone disrupting Trump's public speech by rendering it inaudible, invisible or inaccessible. It doesn't matter that talking over his opponents is one of Trump's favorite debating tactics. It doesn't matter that a profit driven media has given Trump far more of a platform that he and his substance-free ideas deserve (thereby drowning out other voices.)

Now for some specific cases (dealt with based on "free-speech values" rather than the letter of the law). If a Muslim woman wishes to attend a Trump rally, wearing a headscarf, I think that she should have the right to do so. If she does nothing else and a disruption ensues, that is the fault of whomever was not able to tolerate her presence. If someone enters a Trump rally and walks up and down the aisle with a sign – not speaking and not obscuring anyone's view – I think that this should be acceptable as well. People can dislike what other people have to say but they really shouldn't have a right to disrupt their message by reacting to it either. In terms of free speech issues involving Donald Trump rallies, this cuts both ways.