Actually, Tim Walz, the First Amendment Does Protect Misinformation and ‘Hate Speech’

Kamala Harris’s running mate is wrong: Free speech, including potentially misleading or offensive speech, isn’t a threat to democracy.

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Democratic vice presidential candidate and Minnesota governor Tim Walz speaks during a campaign rally in Glendale, Ariz., August 9, 2024.

Go Nakamura/Reuters

After Vice President Kamala Harris picked Minnesota governor Tim Walz as her 2024 running mate, a video made the rounds showing Walz saying in an interview that there is “no guarantee to free speech on misinformation or hate speech, and especially around our democracy.”

While such a sentiment has become disturbingly popular with some Americans and policy-makers like Governor Walz, it is incorrect. The First Amendment does guarantee free speech when it comes to both misinformation and hate speech. Individuals and public officials may detest and condemn such speech, and platforms may choose not to carry it, but to insert the government into regulation of such expression would both set a troubling precedent and undermine our current First Amendment principles in ways that should concern Americans across the political spectrum.

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About the Author

David Inserra

David Inserra is a fellow for free expression and technology at the Cato Institute.

JH

About the Author

Jennifer Huddleston

Jennifer Huddleston is a senior fellow in technology policy at the Cato Institute and an adjunct professor at George Mason University’s Antonin Scalia Law School.

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