Left-Wing Ex-Federal Prosecutor: First Amendment Makes U.S. ‘Vulnerable’, Harder To ‘Regulate Speech’

A left-wing legal analyst claimed this week that the First Amendment makes the U.S. “vulnerable” and makes it hard for Democrats to be able to “regulate speech” without being accused of censorship.

The Friday remarks from former federal prosecutor Barbara McQuade on MNSBC came while she was discussing a book that she wrote about “disinformation.”

“Barb, you write about the United States extensively and with a lot of detail, but you also draw in comparisons from other countries, you talk about other strongman leaders, countries who have transitioned from a mostly democratic form of government to a less democratic form,” said host Rachel Maddow. “Do you believe the U.S. is particularly vulnerable to disinformation or that we’re kind of unexceptional and it’s the same? We’re as susceptible to it as every other country?”

McQuade responded, “Actually, I think we’re more susceptible to it than other countries. That’s because some of our greatest strengths can also be our Achilles heel. So, for example, our deep commitment to free speech in our First Amendment. It is a cherished right. It’s an important right in a democracy, and nobody wants to get rid of it.”

“But it makes us vulnerable to claims that anything we try to do to regulate speech is censorship,” she said. “The Supreme Court has held that all fundamental rights, even the right to free speech, can be limited as long as there is a compelling governmental interest and the restriction is narrowly tailored to achieve that interest.”“I think any time someone tries to do anything that might limit free speech, people claim censorship,” she continued. “Just look at the case the Supreme Court heard today about efforts by the states of Florida and Texas to prevent social media companies from moderating content online. And they call it censorship, that they’re trying to silence conservative voices. Of course, social media companies are private actors who are not bound by the First Amendment. So we need to have a conversation and common sense solutions to these things. Instead, we throw out terms like censorship, call each other names and use labels and we all retreat to our opposite sides. We need to be pragmatic and come up with real solutions. It is, I think, one of the things that makes America particularly vulnerable to disinformation.”

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