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The future of the First Amendment may be at issue. A 2015 Pew Research Center poll reported that 40 percent of millennials think the government should be able to suppress speech deemed offensive to minority groups, as compared to only 12 percent of those born between 1928 and 1945. Young people today voice far less faith in free speech than do their grandparents. And Europe, where racist speech is not protected, has shown that democracies can reasonably differ about this issue.

And even if we could somehow answer that question, how would we define what speech to suppress? Should the government be able to silence all arguments against affirmative action or about genetic differences between men and women, or just uneducated racist and sexist rants? It is easy to recognize inequality; it is virtually impossible to articulate a standard for suppression of speech that would not afford government officials dangerously broad discretion and invite discrimination against particular viewpoints.

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In some limited but important settings, equality norms do trump free speech. At schools and in the workplace, for example, antidiscrimination law forbids harassment and hostile working conditions based on race or sex, and those rules limit what people can say there. The courts have recognized that in situations involving formal hierarchy and captive audiences, speech can be limited to ensure equal access and treatment. But those exceptions do not extend to the public sphere, where ideas must be open to full and free contestation, and those who disagree can turn away or talk back.

These are real costs, and deserve consideration as ACLU lawyers make case-by-case decisions about how to deploy our resources. But they cannot be a bar to doing such work. The truth is that both internally and externally, it would be much easier for the ACLU to represent only those with whom we agree. But the power of our First Amendment advocacy turns on our commitment to a principle of viewpoint neutrality that requires protection for proponents and opponents of our own best view of racial justice. If we defended speech only when we agreed with it, on what ground would we ask others to tolerate speech they oppose?

In a fundamental sense, the First Amendment safeguards not only the American experiment in democratic pluralism, but everything the ACLU does. In the pursuit of liberty and justice, we associate, advocate, and petition the government. We protect the First Amendment not only because it is the lifeblood of democracy and an indispensable element of freedom, but because it is the guarantor of civil society itself. It protects the press, the academy, religion, political parties, and nonprofit associations like ours. In the era of Donald Trump, the importance of preserving these avenues for advancing justice and preserving democracy should be more evident than ever.

But little of this support is provided for constitutionally, so if we are to attain a more egalitarian exchange of ideas, it will likely be through the political rather than the judicial branches. And any such political reform begins with the right to exercise traditional civil liberties. In the Trump era, the liberal version of civil liberties, emphasizing the importance of keeping government out of the speech regulation business, is likely to be more essential than ever.

First Amendment rights to speech have never been more highly protected, but the free flow of news to the public is far more tenuous, and rests on more fragile foundations. Americans have a well-entrenched right to free expression, but no right to the news.

Still, the alternative to private control of speech and the media is state control. And there is nothing like a Trump presidency to throw into sharp relief the dangers that such a system would pose. Would anyone want Steve Bannon deciding how to correct deficiencies in the marketplace of ideas? Trump has already shown a strong antipathy to press accounts that reflect negatively on his actions, or even that report accurately on the underwhelming crowd at his inauguration. The classical liberal conceptions of free speech and free press may not be enough to produce a fully informed electorate or to redress the social and economic ills that skew public debate. But as a constitutional matter, they remain the single best defense against an overweening state. More than ever, those are the rights and liberties that will now need our support.

But it is precisely in times of heightened crisis and fear that university leaders must remain steadfast in their commitment to free speech, open debate, and peaceful dissent on campus. These principles are the bedrock of academic freedom at all universities. Moreover, the First Amendment requires public universities to protect the right of students and student groups to debate and demonstrate on campus.

The consequences for students are not hypothetical. In late October, Florida State University System Chancellor Ray Rodrigues and Gov. Ron DeSantis took action to deactivate the Students for Justice in Palestine (SJP) chapters at public universities in Florida, based on nothing more than the speech of the national SJP organization.

How do free markets contribute to the American dream? The answer rests in the philosophy of freedom so foundational to our nation. Free markets allow consumers and producers to freely participate in mutually beneficial transactions, empowering entrepreneurs and innovators to create the future.

I appreciate Prof. Cole's point, and the ACLU's work in many of its free speech cases. I also e-mailed Ira Glasser and Wendy Kaminer, two prominent critics of what they see as the ACLU's recent move away from its traditional position on free speech, and wanted to pass along their thoughts as well.

Glasser says he stands by the concerns that he had expressed before, for instance when he was interviewed by Bill Maher. The new Case Selection Guidelines (which he urges people to read), he argues, are a retreat from ACLU's traditional viewpoint-neutral approach to protecting speakers. The ACLU's view used to be that it was good for all speakers when the ACLU challenged speech restrictions even when they were applied to the KKK, the Nazis, and the like, because otherwise the same (or similar) restrictions or restriction-friendly legal doctrines would be used against others as well. But the ACLU has shifted to (quoting the Guidelines) stressing that "although the government may not discriminate based on viewpoint, the ACLU as a private organization has a First Amendment right to act according to its own principles, organizational needs, and priorities," to concluding only that "the speaker's viewpoint should not be the decisive factor in our decision to defend speech rights" (emphasis added), and to enumerating as a factor that:

Our defense of speech may have a greater or lesser harmful impact on the equality and justice work to which we are also committed, depending on factors such as the (present and historical) context of the proposed speech; the potential effect on marginalized communities; the extent to which the speech may assist in advancing the goals of white supremacists or others whose views are contrary to our values; and the structural and power inequalities in the community in which the speech will occur. At the same time, not defending such speech from official suppression may also have harmful impacts, depending on the breadth or viewpoint-based character of the suppression, the precedent that allowing suppression might create for the rights of other speakers, and the impact on the credibility of the ACLU as a staunch and principled defender of free speech. Many of these impacts will be difficult if not impossible to measure, and none of them should be dispositive. But as an organization equally committed to free speech and equality, we should make every effort to consider the consequences of our actions, for constitutional law, for the community in which the speech will occur, and for the speaker and others whose speech might be suppressed in the future.

Ira Glasser and Wendy Kaminer share my organization's passion for the importance of protecting free speech as a universal right, and I appreciate all they have done in defense of that principle. But I remain mystified by their responses, which fail even to acknowledge the record I have pointed to of specific work we have done defending people with whom we disagree. Glasser identifies no case we have avoided. The only case Kaminer can cite is one in which we actually filed an amicus brief supporting the First Amendment, but apparently not as early as she would have liked. Kaminer also makes a general reference to "cancel culture," which we have, like her, criticized (see, e.g., my criticism of the call by Georgetown Law students to fire Ilya Shapiro, or my defense of Ron Sullivan when Harvard took away his deanship for his defense of Harvey Weinstein). For people who have been making this charge for so many years, you'd think they'd be able to point to some evidence. But they can't, and they have nothing to say about the undeniable fact that we have regularly and consistently defended those with whom we disagree.

Freedom of Speech was the first of a series of four oil paintings, entitled Four Freedoms, by Norman Rockwell. The works were inspired by United States President Franklin D. Roosevelt in a State of the Union Address, known as Four Freedoms, delivered to the 77th United States Congress on January 6, 1941.[3] Of the Four Freedoms, the only two described in the United States Constitution were freedom of speech and freedom of worship.[4] The Four Freedoms' theme was eventually incorporated into the Atlantic Charter,[5][6] as well as the charter of the United Nations.[3] The series of paintings ran in The Saturday Evening Post, accompanied by essays from noted writers, on four consecutive weeks: Freedom of Speech (February 20), Freedom of Worship (February 27), Freedom from Want (March 6) and Freedom from Fear (March 13). Eventually, the series became widely distributed in poster form and became instrumental in the U. S. Government War Bond Drive. e24fc04721