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ACLU’s David Cole Responds About ACLU and the Freedom of Speech

I’ve been traveling with family, so I haven’t been able to focus on many interesting stories in the news; one that I’ve heard about, but couldn’t look into closely, involves Wendy Kaminer’s (paywalled) Wall Street Journal article titled, “The ACLU Retreats From Free Expression.” (Kaminer is a former ACLU board member who has in recent years sharply criticized the ACLU for, among other things, lessening its commitment to protecting free speech) The article discusses this ACLU document called ACLU Case Selection Guidelines: Conflicts Between Competing Values or Priorities; here’s an excerpt, as quoted in Robby Soave’s post here at Reason:

The speech-case guidelines reflect a demotion of free speech in the ACLU’s hierarchy of values. Their vague references to the “serious harm” to “marginalized” people occasioned by speech can easily include the presumed psychological effects of racist or otherwise hateful speech, which is constitutionally protected but contrary to ACLU values. Faced

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