Battles over freedom of expression have nearly always occurred at the boundary of the vile: see the obscenity battles over the rap group 2 Live Crew [0], or Chomsky's vociferous defense for the right of Europeans to express Holocaust denial [1], despite he himself finding those views to be inaccurate and repugnant.
It's a simple formula: Take the most awful idea you can imagine, that any reasonable person would also find unworthy of the public square. Now walk it back it by 1%. Still worth banning? Okay, do it again. Rinse and repeat, until anything anyone finds even vaguely controversial or upsetting is verboten. I can trivially produce a compelling argument that any opinion on abortion or the military (for or against), is hateful, vile, and dangerous.
In practice, we need specific exemptions for libel, slander, conspiracy to commit a crime, etc. (It's worth remembering that the infamous "fire in a crowded theater" line was used as a justification for suppressing pamphleteering against the draft [2].) We have such exemptions, and their details are certainly debatable. But they must be targted very narrowly, and the burden of proof must be high, lest moral panics or realpolitik throw out the baby with the bathwater, and outlaw thinking itself.
“despite he himself finding those views to be inaccurate and repugnant”
If only that were true. Most people who look into this are dumbfounded at Chomsky’s support of Faurisson—not just his right to speak, but his insistence that we take this holocaust-denying nutjob’s “research” seriously.
It's a simple formula: Take the most awful idea you can imagine, that any reasonable person would also find unworthy of the public square. Now walk it back it by 1%. Still worth banning? Okay, do it again. Rinse and repeat, until anything anyone finds even vaguely controversial or upsetting is verboten. I can trivially produce a compelling argument that any opinion on abortion or the military (for or against), is hateful, vile, and dangerous.
In practice, we need specific exemptions for libel, slander, conspiracy to commit a crime, etc. (It's worth remembering that the infamous "fire in a crowded theater" line was used as a justification for suppressing pamphleteering against the draft [2].) We have such exemptions, and their details are certainly debatable. But they must be targted very narrowly, and the burden of proof must be high, lest moral panics or realpolitik throw out the baby with the bathwater, and outlaw thinking itself.
[0] https://mtsu.edu/first-amendment/article/1447/2-live-crew
[1] https://en.wikipedia.org/wiki/Faurisson_affair
[2] https://www.theatlantic.com/national/archive/2012/11/its-tim...