An unsteady Tim Walz on Tuesday night became boxed in by Sen. J.D. Vance (R-OH) after the Trump running mate challenged his rival to denounce the Democrats’ habit of criminalizing “hate speech and misinformation,” an encounter that quickly went viral in the hours after their first and only debate.

Vance’s assertion that conservatives are being silenced online certainly has merit. Federal courts have found that the Biden-Harris administration erred in 2021 when authorities pressured social media companies to censor users who spoke out about the efficacy of Covid-19 shots, masks, and other mandates. In another high-profile example during the 2020 election, many users were shadow-banned or booted from various platforms for sharing stories about Hunter Biden’s laptop which then-candidate Joe Biden claimed at the time was a product of Russian disinformation. To Vance, both examples are examples where Walz and Harris opposed free speech.

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“You guys attack us for not believing in democracy. The most sacred right under democracy is the United States’ First Amendment. You yourself have said there’s no First Amendment right to misinformation,” Vance argued as Walz tried to jump in and rebut him. “Kamala Harris wants to use the power of the government and Big Tech to silence people from speaking their minds. That is a threat to democracy that will long outlive this present political moment.”

Vance was not done. “I would like Democrats and Republicans to both reject censorship. Let’s persuade one another. Let’s argue about ideas, and then let’s come together afterwards.” A flustered Walz attempted to sheepishly interject that Vance’s calls for free speech were equivalent to “shouting ‘fire’ in a crowded theater,” a limit to free speech immortalized by Justice Oliver Wendell Holmes Jr.’s opinion in the 1919 U.S. Supreme Court case Schenck v. United States. Not so, Vance shot back. “That is criticizing policies of the federal government, which is the right of every American.”

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The final debate of the election may have failed to move the needle among partisans and swing voters alike, but most observers believe a confident and commanding performance by Sen. Vance won the day. Indeed, the Harris campaign appeared to be setting expectations low for her running mate, telling outlets that Walz is not a natural debater, Politico reported. Far from the folksy, friendly image he projects daily on the campaign trail, the Minnesota governor bumbled his deliveries multiple times, including in one terrible instance where he claimed he has “become friends with school shooters.” The Democrat meant to state that he had befriended some victims of shoot shootings.

A snap poll showed viewers deadlocked on who they determined to be the winner, perhaps the best symbol of an election that could go either way based on recent polling. Former President Donald Trump has maintained narrow leads in most swing states, although many have been within the margin of error. Harris, despite running on some popular policies and embracing middle grounds on immigration and foreign policy, has failed to convince midwestern voters of her authenticity.

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