How Twitter killed the First Amendment

What can be done? It is time to recognize that the American political process and marketplace for ideas are under attack, and that reinvigorating the First Amendment is vital. First, it is an imperative that law enforcement and lawmakers do more to protect journalists and other public speakers from harassment and threats. Cyberstalking is a crime. And as the Supreme Court has made clear, threats of violence are not protected speech. A country where speaking one’s mind always results in death threats is not a country that can be said to be truly free…

Finally, the White House needs to be held accountable when it tries to use private parties to circumvent First Amendment protections. When it encourages others to punish its critics — as when it demanded that the N.F.L., on pain of tax penalties, censor players — it is wielding state power to punish disfavored speech. There is precedent for such abuses to be challenged in court.

Some might argue, based on the sophomoric premise that “more speech is always better,” that the current state of chaos is what the First Amendment intended. But no defensible free-speech tradition accepts harassment and threats as speech, treats foreign propaganda campaigns as legitimate debate or thinks that social-media bots ought to enjoy constitutional protection.