Two hundred and forty-one years since America’s birth and 226 years since the adoption of the Bill of Rights protecting our freedom of speech, Americans seem to be confused about what free speech actually means. We need a refresher course in what is not free speech, and what it is that speech is free from.
As a free society, we must protect speech in the public square. That’s why the Westboro Church lunatics are accompanied by a sizable police force when they protest military funerals. It is our job as a society to permit speech, even and especially speech we find repugnant, and to protect the speaker from violent reactions to that speech. Additionally, speakers must not face repercussions from the government for what they say. If Donald Trump doesn’t like it when Saturday Night Live makes fun of him, he can tweet about it. He can’t send a police force to arrest Alec Baldwin.
This does not, however, mean that speech comes without consequences. If Westboro Church leader Fred Phelps applied for a job at your company, you would be fully within your rights to turn him down because he is a vile, hateful person whom you do not wish to employ. This general distinction has been difficult for people to grasp in the wake of several recent high-profile incidents.
Last week, Tomi Lahren settled a lawsuit with her previous employer, the conservative network The Blaze. Lahren was fired after an appearance on The View in which she told the audience that she was pro-choice. She had previously proclaimed herself pro-life; her position on abortion is one that matters to both her audience and her (now former) employer. Speaking to Joy Behar and other View co-hosts, she explained:
I’m pro-choice, and here’s why: I am a constitutional — y’know, someone that loves the Constitution. . . . I can’t sit here and be a hypocrite and say I’m for limited government, but I think the government should decide what women do with their bodies.
Of course, her viewers at The Blaze also consider themselves “constitutionals” (if that were a real word), believe in limited government, and yet are pro-life. She called her own audience hypocrites — and then she was fired for it.