"The fair weather friends of the First Amendment"

Kevin Williamson writes at National Review,

...If we want a culture of open and robust discourse, then we do not want a culture in which Brendan Eich is driven from his job for having an unpopular view on gay marriage. If we want a culture of open and robust discourse, then we don't want a culture in which there is an organized-campaign-style effort to have journalists dismissed from their positions for holding unpopular views, or a boycott every time the New York Times or the Washington Post (or, I suppose, The Atlantic) adds a columnist who is not likely to please the Bernie Sanders Campaign Historical Re-enactors Society at Reed College. It is true that none of these things is a formal violation of the First Amendment, because the First Amendment is a restriction on what kind of laws the federal government may enact. But calling CNN’s daily output “fake news” isn’t a violation of the First Amendment, either.

What’s actually at work here is a variation on “Heads I Win/Tails You Lose.” When the Left wants to stop an unpopular speaker from delivering remarks at Berkeley, then that’s just meeting speech with more speech and some firebombs. And, it’s true: There isn’t any First Amendment reason why you can’t have a riot at Berkeley every time Ann Coulter gets invited to speak there. But there are all sorts of other reasons.

...Freedom of the press does not mean extending special privileges, legal or customary, to the New York Times and CNN. And freedom of speech means a lot more than the absence of formal censorship by the federal government. Formal protections for free speech are important and necessary, but they do not amount to very much without a free-speech culture to back them up.

You can have free speech, or you can have what Andrew Cuomo, Elizabeth Warren, and the editors of the New York Times have pressed for. You cannot have both.

Read more here.