Constitutional scholar Howard Dean doubles-down on hate speech, shouts CHAPLINSKY!

Pro tip: Don't get your 1st Amendment knowledge from Chris Cuomo. https://t.co/1zC136ebrR

— Drew McCoy (@_Drew_McCoy_) April 22, 2017

Howard Dean just doubled-down on his claim that “hate speech is not protected by the 1st Amendment” in a most expected way: CHAPLINSKY!

For WAPO and others raising issues about hate speech not being constitutionally protected, read "Chaplinsky v New Hampshire SCOTUS 1942

— Howard Dean (@GovHowardDean) April 22, 2017

Um, nope:

.@GovHowardDean claims the old fighting words doctrine validates his "hate speech not 1A protected" notion. Nope. https://t.co/BVhJFFI1vh

— Walter Olson (@walterolson) April 22, 2017

#HasHowardDeanCorrectedYet current status: No, he's tried to parry with an ill-informed reference to Chaplinsky v. New Hampshire (1942).

— Walter Olson (@walterolson) April 22, 2017

"Ah-ha! I know how to show those no-good know-it-all First Amendment lawyers…. they won't see Chaplinsky coming." https://t.co/cTXO9lgM7c

— Adam Steinbaugh (@adamsteinbaugh) April 22, 2017

https://twitter.com/ishapiro/status/855623783255871489

And we’re not really sure Dean knows exactly what he just did:

In which Howard Dean appears to endorse the Constitutionality of arresting a man for calling a police officer a "fascist." https://t.co/YTirOtLvRN

— Conor Friedersdorf (@conor64) April 22, 2017

If you recall, CNN’s Chris Cuomo tried to make the CHAPLINSKY!–fighting words argument back in 2015, which he later clarified:

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‘Painfully dumb tweet!’: 'Smug' Chris Cuomo gets schooled on hate speech and the Constitution http://t.co/UTjcDngnGr

— Twitchy Team (@TwitchyTeam) May 6, 2015

For last time (today), I didn't mean the language of 1A, I meant the case law. And hate speech has been protected except for fighting words.

— Christopher C. Cuomo (@ChrisCuomo) May 6, 2015

Back in 2015, we wrote about a different Supreme Court case that’s more relevant to today:

Bingo. In 2011, the Supreme Court ruled 8-1 in Snyder v. Phelps stating the always awful Westboro Baptist Church had the right to protest at the funerals of slain military members. In other words, hate speech is protected speech.

Hey, Howard: read it.

***

Related:

Howard Dean reminds public of First Amendment's little known hate speech exception https://t.co/DQIPkMt65E

— Twitchy Team (@TwitchyTeam) April 21, 2017

Editor’s note: This post has been updated with additional tweets.