Freedom for the Speech We Hate: The Legal Ins and Outs of the Right to Protest

We are witnessing a politically correct philosophy at play, one shared by both the extreme left and the extreme right, which aims to stifle all expression that doesn’t fit within their parameters of what they consider to be “acceptable” speech. There are all kinds of labels put on such speech—it’s been called politically incorrect speech, hate speech, offensive speech, and so on—but really, the message being conveyed is that you don’t have a right to express yourself if certain people or groups don’t like or agree with what you are saying.  Hence, we have seen the caging of free speech in recent years, through the use of so-called “free speech zones” on college campuses and at political events, the requirement of speech permits in parks and community gatherings, and the policing of online forums. Clearly, this elitist, monolithic mindset is at odds with everything for which America is supposed to stand.

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Show Notes

James Madison, “FEDERALIST NO. 10 (1787)”

Benjamin Franklin, “Silence Dogood, No. 8,” The New-England Courant (Jul. 9, 1722)

 “Constitutional Q&A: The Right to Protest,” The Rutherford Institute

Second Amendment

 First Amendment

United States v. Schwimmer, U.S. Supreme Court (1929)

Texas v. Johnson, 491 US 397 - Supreme Court 1989

 DeJonge v. Oregon

 Lloyd Corp., Ltd. v. Tanner

 City of LaDue v. Gileo

 United States v. Grace

 Ward v. Rock Against Racism

 Schenck v. Pro-Choice Network of Western N.Y.

Snyder v. Phelps

Lewis v. Wilson

 Helms v. Zubaty

 Acosta v. City of Costa Mesa

 Gilles v. Blanchard

 Tinker v. Des Moines Indep. Comm. Sch. Dist.

 Boardley v. U.S. Dept. of the Interior

 Forsyth County, Ga. v. Nationalist Movement

 Shuttlesworth v. Birmingham

 Thomas v. Chi. Park Dist.

 Hague v. Comm. for Indus. Org.

 Jones v. Parmley

 Cole v. Arkansas

 Chesney v. City of Jackson

United States v. Masciandaro

Law Center to Prevent Gun Violence, “Concealed Carry”

Law Center to Prevent Gun Violence, “Open Carry”

“Supreme Court Turns Down Case on Carrying Guns in Public,” The New York Times

“The Competing Messages:  The Protests; Demonstrators Steer Clear Of Their Designated Space,” The New York Times

“Chilling First Amendment Activity,” Medium

“Protesters Flood Streets, and Trump Offers a Measure of Praise,” The New York Times

“To fight bigotry and hate, don’t muzzle it. There’s a better way,” The Washington Post

Freedom for the Speech We Hate: The Legal Ins and Outs of the Right to Protest

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RightToProtest