Mrs Vera West ended her recent article on stealthing with the observation that if capital punishment was still the law, this crime could be punished by the death sentence. I note that the Left in the US want hate speech to be punished by death as well. Now, Biden has said that Trump supporters are semi-fascists, so all conservative political speech, such as opposition to abortion on demand and infanticide, would be seen as hate speech. Would the US Bill of Rights prevent a law which condemned conservatives to death for speech deemed unwoke? I would have thought that the US First Amendment, on free speech, would be sufficient, but the Left is unimpressed with this, arguing, or at least their law professors argue in the law reviews, that the First Amendment was not written to cover such speech. After all, the US Supreme Court in Obergell v. Hodges (2015) found that same sex marriage was a constitutional right. That is based not on originalism, what the Founding Fathers thought, but on the living constitution idea, that the constitution must fit contemporary, that is Left wing judicial interpretations. So, anything is possible. Constitutional fundamentalists, both here and in Australia seem to forget that in the end, judges decide what he constitution means, and that interpretation is always highly political:
http://classic.austlii.edu.au/au/journals/AdelLawRw/2006/3.pdf