The potential ascension of Kamala Harris to the presidency could spell disaster for the rights of free speech, according to civil liberties advocates who spoke with the Daily Caller News Foundation.
Harris, who has served as Vice President, senator, and attorney general of California, has a history of supporting policies that limit free speech. This includes her defense of a law, later overturned by the Supreme Court, that mandated pro-life pregnancy centers to advertise abortions. Harris has also indicated her willingness to hold social media platforms accountable for what she deems as "hate speech" and misinformation.
According to the Daily Caller, Jenin Younes, a litigation counsel at the New Civil Liberties Alliance, expressed her deep concern about the records of both Harris and her vice-presidential pick, Minnesota Gov. Tim Walz, on free speech. "Both have evinced either a disregard for or misunderstanding of the First Amendment, which protects 'misinformation' and 'hate speech' contrary to various statements the two have made," Younes said. She further emphasized that the First Amendment acknowledges that the government does not hold a monopoly on truth, a fact that has been glaringly evident during the COVID era.
In a 2019 speech before the National Association for the Advancement of Colored People (NAACP), Harris declared her intention to hold social media platforms accountable for any hate speech they allow. "If you profit off of hate, if you act as a megaphone for misinformation or cyber warfare, if you dont police your platforms, we are going to hold you accountable," she stated.
Harris's stance on free speech has been further highlighted by her request to former Twitter CEO Jack Dorsey to suspend then-President Trump's account in October 2019. She argued that no user, regardless of their status, should be exempt from adhering to Twitter's user agreement.
As California's attorney general, Harris targeted pro-life journalist David Daleiden, initiating an investigation into him and ordering a raid on his apartment after he exposed Planned Parenthood's involvement in fetal tissue trafficking. She also defended a law, later struck down by the Supreme Court, that required pro-life pregnancy centers to advertise abortions. Daleiden has previously warned that Harris's actions as a public official pose a significant threat to First Amendment rights and civil liberties in the country.
During her tenure as a senator, Harris introduced the Do No Harm Act, which aimed to prevent religious freedom protections from being used in cases involving discrimination. She argued that the First Amendment's guarantee of freedom to worship should never be used to undermine other Americans' civil rights or subject them to discrimination.
Aaron Terr, director of public advocacy at the Foundation for Individual Rights and Expression (FIRE), told the Daily Caller that the First Amendment does not make exceptions for misinformation or hate speech. He warned that allowing the government to police public discourse under the guise of rooting out false or hateful speech could lead to politically motivated censorship.
Terr also noted that both major presidential candidates have called for restricting constitutionally protected speech. He pointed out that Harris has promised to hold social media platforms accountable for hate speech and misinformation, while former President Donald Trump recently expressed support for criminalizing flag burning.
Under the Biden-Harris administration, government agencies have made extensive efforts to restrict speech online, pressuring platforms to suppress content on issues including COVID-19 and elections. In 2021, the White House increased pressure on platforms, sending explicit requests to take down posts and demanding answers when they werent promptly resolved.
In April 2022, the Department of Homeland Security (DHS) announced the short-lived Disinformation Governance Board, which was paused just weeks afterwards and officially terminated months later following heavy criticism surrounding potential infringements on free speech.
Jonathan Turley, a law professor at George Washington University, wrote in a column that Democrats have arguably the most anti-free speech ticket of a major party in more than two centuries. He noted that Harris has long supported the anti-free speech policies that Biden made a central part of his legacy.
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