The ACLU insists that “preventing the government from controlling speech is absolutely necessary to the promotion of equality.” But more sensible thinkers grasp that quite the opposite is true. As Park notes, any defense of the status quo “perpetuates a misguided theory that all radical views are equal.” They’re not, and, in consequence, an arbiter is necessary. At first, that should be the ACLU, which should simply let some censorship be – or, even better, start endorsing it. And eventually, having been freed up by the ACLU’s backing away from what Park notes correctly is “only First Amendment case law,” the government itself should assume that role. Then, and only then, will some space have been cleared for the wise.
We have an array of differing views in this country, but I think we can all agree that nobody could be better suited to that oversight role than Jeff Sessions, President Donald Trump, and the thousands upon thousands of state-level Republicans who have been recently swept into office by the infallible will of the people. Furthermore, we should all be able to unite around the appealing chance to hand more power over to the police. Donald Trump is a man marked out for his wisdom, scholarship, and judicious temperament. But, exquisite as his judgment is, he is able to direct prosecutions only on a macro level. To make the scheme work in practice, America’s police officers must enjoy the legal opportunity to determine what — and who — sits outside of the law’s protection. By insisting upon a consistent application of the First Amendment — and, most problematically, by defending “the legal gains on which [it] rests its colorblind logic” — the ACLU is depriving our cops of this vital first-line oversight role. In the wake of Charlottesville, that must change. As Park makes clear, it was the ACLU’s insidious monomania that “led the organization to successfully sue the city of Charlottesville, Va.,” which, had it been left to its own devices, would likely have made the right call.