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Wednesday, May 6, 2015 03:49 PM MST

CNN’s Chris Cuomo gets Twitter-spanked after boneheaded First Amendment gaffe

His claim that the "fighting words" exception applies to hate speech made for "fighting words" on Twitter

Scott Eric Kaufman
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CNN's Chris Cuomo gets Twitter-spanked after boneheaded First Amendment gaffeEnlarge Chris Cuomo (Screen shot)
It is increasingly difficult for those who identify on the left and right to find anything they agree upon, but this morning CNN anchor and law school graduate Chris Cuomo provided those across the political spectrum with some common ground.
Cuomo was hosting a Twitter conversation about the constitutionality of hate speech and wrote:
it doesn't. hate speech is excluded from protection. dont just say you love the constitution...read it https://t.co/znZJ8cPvpX
— Chris Cuomo (@ChrisCuomo) May 6, 2015
First Amendment experts, self-styled and actual and of all political stripes, jumped in to inform him of his wrongness:
Such a painfully dumb tweet! @ChrisCuomo: can you point to where this free speech "exception" is in US Constitution? https://t.co/Z4yCw7IrsQ
— Glenn Greenwald (@ggreenwald) May 6, 2015
Ass. You are a disgrace to Fordham Law School, which only admitted you because of your famous father. https://t.co/RWEYvCUGEs
— Popehat (@Popehat) May 6, 2015
@ChrisCuomo hey, long time listener first time caller, looking for this in this constitution you speak of. Got a link?
— Andrew Kaczynski (@BuzzFeedAndrew) May 6, 2015
@ChrisCuomo I did read the First Amendment, and still can't find the "hate speech" exception to free speech. Can you point it out for us?
— Ed Morrissey (@EdMorrissey) May 6, 2015

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Morning Twitter Update, 5.6.15: Chris Cuomo is getting the fighting words doctrine and First Amendment hilariously wrong.
— Jesse Taylor (@jesseltaylor) May 6, 2015
Chris Cuomo phonically learned the dit-dit of law but has no basic understanding of law and rights. That's why all the dumb.
— John Nolte (@NolteNC) May 6, 2015
Cuomo replied:
@EdMorrissey I will keep saying one word: chaplinsky
— Chris Cuomo (@ChrisCuomo) May 6, 2015
That word, “chaplinsky,” refers to Chaplinsky v. New Hampshire, in which the Supreme Court decided that some speech — like “fighting words,” or other statements that incite violence — aren’t protected by the First Amendment. Unfortunately for Cuomo:
FYI, the case @ChrisCuomo keeps citing (a) has been subsequently so gutted it's basically a dead letter & (b) IS NOT ABOUT HATE SPEECH.
— Julian Sanchez (@normative) May 6, 2015
@EdMorrissey So, basically, @ChrisCuomo's expert fact-based legal opinion is a single word chanted repeatedly like a talisman against evil?
— Jimmie (@jimmiebjr) May 6, 2015
I love how Cuomo screams READ THE CONSTITUTION then cites case law (incorrectly).
— The H2 (@TheH2) May 6, 2015
Also, of course, @ChrisCuomo completely overlooks the face-to-face requirement as he alleges that fighting words doctrine somehow applies.
— Gabriel Malor (@gabrielmalor) May 6, 2015
Of course, comity between foes of such long-standing must, by necessity, be short-lived, as Breitbart’s John Nolte felt the need to mock special needs kids:
Am I the only one picturing Chris Cuomo on his way to law school all alone on a short bus?
— John Nolte (@NolteNC) May 6, 2015

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