https://reason.com/2024/10/03/tim-walz-jd-vance-free-speech-censorship-debate-veep/
Toward the end of Tuesday night’s vice presidential debate, Minnesota Gov. Tim Walz (D) argued with Sen. J.D. Vance (R–Ohio) about former President Donald Trump’s efforts to remain in power following his 2020 election loss. Trump’s conduct was indefensible, and thus Vance did not do a very good job defending it. Rather, he attempted to turn the tables on Walz, accusing the Democratic ticket of disrespecting the most important democratic norm of all: free speech.
“You guys attack us for not believing in democracy,” said Vance. “The most sacred right under United States democracy is the First Amendment.”
Vance went on to accuse Walz of wanting to criminalize misinformation, referencing previous, inaccurate comments the governor made about exceptions to the First Amendment. At that point, Walz actually interrupted Vance, and claimed that the First Amendment does not protect misinformation or “threatening or hate speech.”
In other words, misinformation, threats, and hate speech are all unprotected categories of speech, according to Walz.
But the governor is mostly, very wrong. He’s correct to note that true threats of violence lack First Amendment protection if they are specific enough. Misinformation and hate speech are absolutely protected by the First Amendment, however. And while the former is a relatively new category of expression facing explicit calls for censorship, the latter category—hate speech—has been exhaustively litigated before the Supreme Court.