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We already have freedom of speech laws allowing people to use racial slurs and symbols. Kanye has not been arrested, nor should he be.

We do not have laws requiring that privately-owned entities allow any and all free speech. We certainly should not expect Musk to allow the sort of free speech that could open up Twitter to lawsuits charging incitement to violence.

Free speech does not extend to libel (see Alex Jones). Nor does it extend to incitement to violence (or imminent danger such as shouting fire in a crowded theater).

https://www.mtsu.edu/first-amendment/article/970/incitement-to-imminent-lawless-action

Musk is running a business. If he wants to build a vibrant platform allowing free speech, he also has to draw a line. Normal people don’t flock to the sewer of 8kun for a reason. It’s a cesspool of nasty nutters. Kanye can post his anti-Semitic statements and symbols all he likes there.

This John Adams quote is often posted here on FR: “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”

If Twitter is to be a platform where people can exercise free speech without sinking into 8kun slime, it’s up to Musk to apply some moral standards.

Back in the days of the Founding Fathers, had there been a Hitler and swastika and 99.999% of the populace against Nazism (as is the case today), anyone who praised Hitler and plastered posters with that symbol in the town square would have been shouted down and driven from the square, and his posters ripped down. (They might have tarred and feathered him, too!)

On Twitter, other users can’t drive such a person away or rip down the Tweet. Musk has to step in where he thinks moral people would. He has to draw the line somewhere. And he has to protect himself from lawsuits.