Last month, the Michigan House passed Bill 4474—legislation that would expand the state’s existing Ethnic Intimidation Act beyond current protections for religion, ethnicity and race, to categories including sexual orientation and gender identity or expression. HB 4474 would make it a felony hate crime offense to cause someone to "feel terrorized, frightened, or threatened" with words—deliberately misgendering someone, for example—subject to a potential penalty of five years in prison and a $10,000 fine.
The Left has been pushing its “words are violence” premise for some time. But Michigan’s willingness to go the extra mile and criminalize gender-related speech has summoned a ghoul from some dystopian fever dream.
HB 4474 is unconstitutional, and I’m not the only lawyer who thinks so. To argue otherwise ignores two of the U.S. Supreme Court’s newly minted rulings on what speech the First Amendment protects—and what it doesn’t.
