Globe editorial: Cheap excuses for betraying free speech, Lederman

Agreed:

…The other disturbing commonality is that officials are failing to reflexively protect the invaluable right to freedom of artistic and political expression in Canada.

We have no doubt that if noisy protesters demanded the withdrawal of a TIFF movie because of its glorification of violence, TIFF officials would be the first to stand up for the filmmaker’s right to artistic expression. 

But when it comes to telling stories or singing songs that some deem offensive, that reflex has been replaced by a knee-jerk run for cover.

This is an alarming development in Canada. In difficult times, we need people in positions of authority to stand up for freedom of expression – not look for excuses to abandon it. That never ends well for anyone.

Source: Cheap excuses for betraying free speech

And Marsha Lederman’s take, TIFF’s latest censorship controversy is more than just a tiff. It’s existential:

…All of this has created not just chasms in the arts community and a chill on artistic expression, but a disincentive for organizations considering ponying up to support the arts. You want your brand associated with something positive and meaningful: a literary prize, a film festival, maybe a theatre festival that claims to push the boundaries. (Vancouver’s PuSh International Performing Arts Festival also caved to dissenters, cancelling the Canadian play The Runner last year.) But shell out money to get embroiled in this? In this economy?

The arts are in trouble and need corporate support. The world is in trouble and needs art to guide and inform, and artists who help us understand the issues and inspire us to be brave and fight for what’s right.

Which is something TIFF should be doing.



Johnson: Ye and the Limits of Free Speech Online

Good and balanced:

…When social media first became mainstream, many dismissed it as a playground for personal photos and status updates. Today, it’s a communication hub where politicians campaign, businesses market and journalists break news. Without professional moderation, it’s too easy for toxicity to flourish, for people with intent to harm to take advantage and for foreign bots to hijack the national conversation. Even deleted content lingers, retweeted and screenshot, fueling bigotry that can embolden others. Community Notes might eventually offer context, but context isn’t always enough to quell the harm done.

As users, we, too, must be vigilant. We should report content that crosses the line, scrutinize sources before sharing dubious claims and support policies that uphold the free exchange of ideas without enabling abuse. But, just as we expect a city to have traffic lights, fire departments and emergency services, we should expect and demand that online environments are similarly protected.

Companies must invest in professionals who understand cultural context, language nuances and how threats evolve online. They should leverage emerging advanced A.I. systems that can examine text, images and other forms of communication, and also the context in which they are shared, to more accurately and consistently identify dangerous content and behavior. They should invest in getting this right, rather than scaling down moderation to cut costs or acquiesce to a particular political movement. And regulators or independent oversight bodies need the power and expertise to ensure these platforms live up to their responsibilities.

This isn’t about nostalgic longing for the old days of moderation; it’s about learning from failures and building a system that’s transparent, adaptive and fair. Whether we like it or not, social media is the public square of the 21st century. If we allow it to devolve into a battlefield of unchecked vitriol and deception, first the most vulnerable among us will pay the price, and then we all will.

Free speech is essential for a healthy democracy. But social media platforms don’t merely host speech — they also make decisions about what speech to broadcast and how widely. Content moderation, as flawed as it has been, offers a framework for preventing the loudest or most hateful from overshadowing everyone else.

Fay M. Johnson, a fellow at the Berkman Klein Center for Internet and Society at Harvard, has run product teams at Meta’s Facebook, Twitter and Nextdoor focusing on trust and safety.

Source: Ye and the Limits of Free Speech Online

Regg Cohn: Clearing protesters from university campuses won’t end their chilling effect on free speech

Good column:

It’s all about free speech. But for whom?

For those who oppose Israel, yes. For those who support or come from Israel, not so much.

On campus, protesters demand an untrammeled right to trespass, occupy and speechify. But it’s seemingly a right reserved only for them, as pro-Palestinian and anti-Zionist protesters — not their opponents.

Think about that one-sided argument. All along, many protesters have tried to restrict the rights of their opponents — other students and professors — to speak or exchange ideas.

Now, time’s up for the campus occupation. But speech suppression will continue on campus in other ways.

Two months after pitching their tents at the University of Toronto, protesters were ordered to pack up this week by a judge who ruled their occupation illegal. In granting the university’s request for an injunction, the court pointed out a peculiar contradiction plaguing the movement:

While the protesters continually claimed a right to free speech, they adamantly refused any reciprocal right of free assembly — even a right of entry — to anyone opposing their encampment on the university’s main grounds. Free speech for me, no speech for you.

Turns out that the protesters were turning logic and the law upside down — not merely trespassing, but trampling on the rights of others on U of T grounds. That’s why the court cleared the way for police to clear them out if they refused to fold their tents.

Superior Court Justice Markus Koehnen stressed he wasn’t denying their right to assembly. For his ruling drew a distinction between daily protesting (permitted and protected) versus perpetual occupying (trespassing and illegal).

Put another way, Canadians have the right to squawk, not squat. If that sounds like a victory for free speech, don’t be so sure.

Here’s an afterthought in the aftermath of the protest: Long after it’s gone, its legacy will live on — in the worst way.

No, I’m not talking about the crusade against divestment, which gets disproportionate coverage in light of the university’s minimal and indirect investments in Israel (a rounding error). Given the ink devoted to divestment, you’d think the U of T’s endowment was single-handedly bankrolling the Israeli war machine.

Divestment is a distraction that detracts from a more insidious objective that motivates the movement.

Listed among the top demands is an “academic boycott,” which is a polite way of describing the blackballing of the other — the other side, which means the other person.

In his ruling, the judge calls it a demand to “suspend all partnerships with Israeli academic institutions that either: operate in settlements in occupied territories, or; ‘support or sustain the apartheid policies of the state of Israel and its ongoing genocide in Gaza.’”

That may sound principled to some, but it violates and vitiates the protesters’ own stated commitment to free speech, inevitably serving to intimidate and silence scholars by virtue of their national identity and, ultimately, their religious, racial, ethnic identity.

It means banning Israeli students and professors, and slowly silencing many Canadian supporters of Israel’s right to exist — also known as Zionists. Make no mistake, the protest movement on campus is aimed not merely at divesting but disinviting and decoupling from the other.

That’s the perverse paradox that undermines the campus protest movement. For it opposes any opposing voices — not just in encampments but elsewhere on campus.

The movement seeks to constrain the unencumbered right to study, speak or teach by the other by virtue of their national origin (Israel) or religious and political beliefs (Zionism). Whatever the intent, this would amount to fewer Jews admitted to study or invited to speak on campus, just decades after the notorious “Jewish quota” restricted admissions on campus.

To be sure, protesters occasionally (but inconsistently) draw an apparent distinction between universities that operate in the “occupied territories” versus those confined solely to Israel’s internationally recognized borders. In reality, the question of settlement activity is hard to delineate (who decides?); in any case, the protesters lump all universities together when talking about institutions that “sustain the apartheid policies of the state of Israel and its ongoing genocide in Gaza” — which potentially captures all of them.

If someone at some university has tangential ties to some settlement, by what logic must the entire institution be banned? How does any university defend itself against the blanket allegation that it helps to “sustain” a state?

Why should any professor be held accountable for the actions of their fellow professors, let alone the decisions of politicians they may very well oppose (in Israel as in Canada)? Why should Israeli professors be banned, but not academics from other countries accused of genocidal actions, from China to Sudan?

That’s not whataboutism, it’s a glaring contradiction in a protest movement that wraps itself in the flag of free speech. It’s also a double standard — one for Jews, one for everyone else in the world.

U of T president Meric Gertler has rejected the recurring demand to boycott Israeli universities as a non-starter. But long after the fighting stops in Gaza, long after the U of T occupation is forgotten, the academic boycott will have the effect of delegitimizing, demonizing and dehumanizing the other.

The challenge is not merely formal academic bans but the informal — and far more insidious — exclusion of Israelis and “Zionists” that will creep into campus life. Instead of free speech, there will be speech chill.

Professors will be interrupted, lecturers will be disrupted, guest speakers will be disinvited. Sound far-fetched?

More in my next column about free speech — not just for protesters but professors.

Source: Clearing protesters from university campuses won’t end their chilling effect on free speech

PEN America Is Right to Stay Out of Gaza War Activism

Agree:

In January 2015, Islamic terrorists murdered 12 people at the French satirical magazine Charlie Hebdo for depicting the Prophet Muhammad. When PEN Americahonored the magazine with its Freedom of Expression Courage Award that same year, the organization received backlash from prominent members.

Then-PEN president Andrew Solomon stood by the decision, saying that the controversy was a reminder that the “defense of people murdered for their exercise of free speech is at the heart of what PEN stands for, so is the unfettered articulation of opposing viewpoints.”

Standing up for free speech principles against religious extremism, it turns out, was the right call since it remains a real threat to authors and speakers around the world. At a book talk in August 2022, novelist and former PEN America president Salman Rushdie was stabbed 15 times by an assailant who admired Iran’s theocratic regime that issued a fatwa against Rushdie back in 1989 for the supposed blasphemy of his novel The Satanic Verses.

But now PEN America finds itself embroiled in another controversy about first principles.

The organization felt compelled to cancel its 2024 World Voices Festival after around 30 writers withdrew from the event backing protesters who claimed PEN America’s approach to the war between Israel and Hamas was “tepid.” In other words, PEN America stood by its explicit mission to promote free expression and remain neutral on sharply contested matters of geopolitics and armed conflict.

An open letter from writers and translators nominated for the PEN America Literary Award argued that they “cannot, in good faith, align with an organization that has shown such blatant disregard of our collective values… We refuse to be honored by an organization that acts as a cultural front from American imperialism.”

Never mind that PEN America has provided financial assistance to Palestinian writers, issued many statements condemning the suppression of pro-Palestinian speech on college campuses, spoken out against postponing awards for Palestinian authors, and criticized the cancellation of film screenings for documentaries critical of Israel. The now-canceled World Voices Festival would have also featured several Palestinian writers.

Regardless, the authors of the open letter contend that PEN America’s leadership should be replaced with staff that will make a bold declaration that would firmly align with one side. But this would be a grave mistake.

PEN America’s very purpose is “to protect free expression in the United States and worldwide” and to “champion the freedom to write… unite writers and their allies to celebrate creative expression and defend the liberties that make it possible.” PEN America’s mission is not to advance the political or ideological goals of a specific portion of the diverse range of writers around the globe. To succumb to external and internal pressures to take positions on contentious policy issues threatens to undermine its very purpose and its efforts on other issues.

PEN America has been leading the charge against attempts by red states to ban books and restrict discussions of “divisive concepts,” which frequently means speech treating issues like race and LGBT+ themes in a manner that triggers conservatives. It has also played a crucial role in trying to persuade progressives that the values of free speech and equality are mutually reinforcing—not mutually exclusive—and that abandoning free speech is likely to hurt rather than protect minorities and vulnerable groups.

But if PEN America bends to pressure to take explicit positions on progressive or social justice causes, it will only become more vulnerable to criticism. After all, why should skeptical lawmakers or the general public pay attention to an organization whose advocacy dovetails with progressive politics rather than First Amendment principles?

To understand the danger of an unprincipled defense to free speech—where ideological agendas mean abandoning commitments to free expression when it’s inconvenient—one needn’t look further than Republicans who decry “cancel culture” and censorship.

“If PEN America becomes an explicit progressive social justice organization and abandons its commitment to ideological neutrality and the unbiased application of free speech principles, it will have no leg to stand on when taking on the free speech opportunists of the world.”

In March 2023, House Republicans on the Higher Education Committee held a hearing on the state of free speech on college campuses. Rep. Burgess Owens (R-UT), chair of the House Higher Education and Workforce Development Subcommittee, said, “If those with certain views are allowed to shut down competing views, the battle to sustain freedoms upon which our county was founded—free speech, free thought, and free expression—will be lost.”

This week, that devotion to free speech apparently waned, as Owens joined his fellow Republicans in co-sponsoring and passing the Antisemitism Awareness Act of 2023. If the bill becomes law, it will deem certain viewpoints—including criticism of Israel—as antisemitic based on the broad definition promulgated by the International Holocaust Remembrance Alliance (IHRA). If colleges fail to adopt this definition, they could lose federal funding.

PEN America rightly opposed this bill, arguing that it could “harm academic freedom, free speech, and legitimate political speech.”

In 2019, Texas Gov. Greg Abbott signed a law to promote free speech on college campuses and tweeted about how “protecting the right to free speech is critical to the future of our country.” But his belief that censorship is “un-American” hasn’t stopped the governor from banning drag performances, banning books, and issuing an executive order for Texas colleges to enforce the IHRA’s definition of antisemitism.

If PEN America becomes an explicit progressive social justice organization and abandons its commitment to ideological neutrality and the unbiased application of free speech principles, it will have no leg to stand on when taking on the free speech opportunists of the world.

It will instead become the distorted mirror image of the very unprincipled forces it is fighting against.

Source: PEN America Is Right to Stay Out of Gaza War Activism

Friedman: Here’s What the University Presidents Should’ve Said to Congress

Good commentary:

I suspect I am not the only one who found it difficult to laugh on Saturday night, watching SNL’s send-up of last week’s congressional hearing on antisemitism and college campuses. Coming only hours after Liz Magill actually resigned as Penn’s president amid the ongoing fallout, the real-world consequences of the hearing had become too… well, real.

Here was a leading university president stepping down, amid a storm of politicians’ and donors’ demands, after an exchange with Rep. Elise Stefanik (R-NY) from last week’s hearing went viral. In it, Magill, along with the presidents of Harvard (Claudine Gay) and MIT (Sally Kornbluth), offered a series of technical, “lawyerly” responses to the question of whether calling for genocide of Jews on campus would constitute bullying or harassment under their codes of conduct.

Stefanik’s audacious and frank question demanded a fuller explanation; but the presidents’ curt responses left many aghast at the prospect that such a heinous hypothetical could ever be construed as acceptable.

The fallout was swift. Now, the incident has a high likelihood of shaping the next wave of a years-long debate about free speech on college campuses.

At best, it may spur universities to review their philosophies and policies, and to recommit to creating campuses where bigotry and hate are rejected and where open and respectful exchange can thrive. At worst, it may embolden some politicians to ratchet up their attacks on higher ed, using the latest crisis to advance ideological ends.

“One down,” Stefanik posted on X in response to the news of Magill’s resignation, “Two to go.”

“…these leaders might have modeled how fostering a climate of free speech and open exchange need not—and must not—mean allowing hate to flourish unchecked.”

Meanwhile, the people who have spent years pushing for bans on Critical Race Theory, gender studies, or seeking to dictate how faculty teach about American history, have already announced their intention to introduce bills to fight antisemitism for the upcoming legislative sessions. We ought to be skeptical when the team that has repeatedly shown its desire to advance censorship now seeks to be in the vanguard of setting out new regulations for speech.

But perhaps most troubling about the now viral exchange is that Magill, Gay, and Kornbluth were technically correct. Any free speech advocate will tell you that the analysis of whether insulting, offensive, odious, or even hateful speech can be punishable begins with the question of context.

This is understandably compounded on university campuses by their size and complexity. For the application of university policies it obviously matters who is speaking—students, faculty, administrators, invited speakers—and where—in a classroom, in the quad, in a dorm room, on social media, etc.

Certainly, Magill, Gay, and Kornbluth could have made this all clearer. As private universities, they are not obligated to hew to the First Amendment, but many do, understanding that this offers the best safeguards for free speech and academic freedom. The presidents could have explained this in greater detail, and how this works in practice. They could have explained how different kinds of speech might be punishable in certain circumstances but not in others. And they could have offered a clear condemnation of the hypothetical before them, regardless of the legal or policy analysis involved.

The high-stakes format of the congressional hearing was, of course, not set up for the nuanced exchange this question truly demands. And perhaps that was the point. As Michelle Goldberg explained in the The New York Times, the clip looks really different when viewed on its own than it does in the context of the entire hearing, where it seems clear that Stefanik was referring to her own earlier questions about whether certain specific common pro-Palestinian slogans like “from the river to the sea” directly connote genocide of Jews or not.

The context—again—matters. If Magill, Gay, and Kornbluth thought they were being asked about whether certain specific phrases should result in punishments, their hesitancy to say that they should, from a speech-protective lens, is not only technically consistent with the First Amendment, it also makes a lot more sense.

In the wake of the hearing, in addition to Magill’s resignation, we are now seeing ideas to regulate “hate speech” put forth, such as one resolution from the Board of Advisors at Wharton, that, among other things, proposes to punish students and faculty for celebrating murder or using language “that threatens the physical safety of community members.” The language of the resolution is general and vague, and particularly in campus contexts where students now routinely invoke notions of “harm” and “microaggressions,” it would inevitably open the door to chilling a wide swath of speech on any side of the Israel-Palestine conflict—let alone on a great many other issues, too.

But this is the danger in this moment: that institutions adopt new policies to restrict speech in the rush to remedy their image, policies which might appear to solve one challenge, but will in fact make many other challenges worse. Proposals to ban “hate speech” against racial and ethnic minorities, for example, tend not to contemplate how they can be used by someone like former President Donald Trump, who said “Black Lives Matter” was a “symbol of hate,” or by really any authority to suppress any speech they find disfavorable.

The better answer that Magill, Gay, and Kornbluth could have proffered last week would have been to explain that just because an incident of hateful speech might not constitute grounds for punishment, it does not mean that it needs to be construed as acceptable to a college or university community. And that the question of determining a punishment for speech can, in fact, be separate from a university’s more immediate holistic response: to condemn hate, work to educate their communities, and offer resources to those impacted.

In so doing these leaders might have modeled how fostering a climate of free speech and open exchange need not—and must not—mean allowing hate to flourish unchecked.

The missed opportunity to offer moral clarity and condemnation of hate at last week’s hearing has invited criticism from those who care deeply about higher ed’s future, as well as those who have been working to impose new ideological controls on universities, or generally undermine them. We must be wary of what comes next—as some who want to take advantage of this crisis are clearly already making plans.

Jonathan Friedman is Director of Free Expression and Education at PEN America.

Source: Here’s What the University Presidents Should’ve Said to Congress

The Hamas-Israel War Obliterated the Campus Microaggression – The Daily Beast

One of the better commentaries from a free speech advocate following the disastrous testimony to congress by Ivy League university presidents:

Source: The Hamas-Israel War Obliterated the Campus Microaggression – The Daily Beast

Liberals have forgotten what free speech means – UnHerd

Of note:

Away from the horror unfolding in Israel, the past month has provided one long acid test for the West’s commitment to liberal values. What are we to make of middle-class bien pensants asserting that mass murder requires “context”, of the overt antisemitism, and of a police force that makes excusesfor theocrats calling for “jihad” on the streets of London? For some, this is proof of the failure of multiculturalism. For others, it is the final straw that broke the back of liberalism. Hate speech laws must now be strengthened, certain protests ought to be banned, and we must no longer tolerate the intolerant.

Republican senator Tom Cotton has called for those who express support for Hamas to be deported, and Donald Trump has promised to do so if re-elected. In France, Emmanuel Macron has outlawed pro-Palestine rallies on the grounds of maintaining public order, although his decree has been largely ignored. Closer to home, a pro-Palestinian protest has been scheduled in London for Armistice Day, a tactic surely intended to generate as much outrage and attention as possible.

In that respect, it has already succeeded. Rishi Sunak has stopped short of a ban, but has called on the Met Police to make “robust use” of its powers to prevent the Remembrance events being disrupted. In this, he is out of kilter with the majority of the country: only 18% believe it “should be allowed to go ahead”.

Liberalism has always been a tricky prospect, cherishing personal autonomy and freedom of speech up to the point where our behaviour encroaches on the rights of others. To ideologues, it is a poison, because it rejects their insistence that we ought to follow a preordained set of rules. Some even claim that liberalism is itself an ideology, though I see it as the precise opposite: it is the repudiation of ideological thinking — because it refuses to accept oversimplified interpretations of reality, or to outsource our decision-making capacities to an already established creed. This is why there are liberals on the Left, the Right, and everywhere in between

Yet it has been dispiriting to see our commitment to Enlightenment values being assaulted on multiple fronts. There are theocratic extremists who oppose free speech and would happily see blasphemers and apostates executed. There are Western activists intoxicated by the moonshine of intersectional identity politics calling for censorship and other restrictions. And now, we have those who once considered themselves to be “liberal” pronouncing that there should be limitations to freedom of speech and assembly.

Even those who have previously decried “cancel culture” appear to be relishing its impact on their opponents. A lecture at Liverpool Hope University by Professor Avi Shlaim, a critic of Israel, was cancelled out of concern for the “safety and wellbeing” of students; Michael Eisen, a geneticist at UC Berkeley, was fired as editor-in-chief of eLife magazine for sharing a satirical article from The Onion which took a pro-Palestine stance. Eisen, some have pointed out, had previously questioned whether cancellation really exists. But while a degree of schadenfreude is understandable, it is hardly helpful.

That there are no rulebooks to consult is liberalism’s major appeal to those of a free-thinking disposition, but it is also the source of its instability. The authoritarian has no need to engage with his detractors; he can simply have them eliminated. By contrast, the liberal must find a way to coexist with those who yearn to see his freedoms quashed, to somehow reconcile himself to the multiplicity of human outlooks and their inherent incommensurability. But how can you run a marketplace of ideas while there are hooligans trying to overturn the tables?

This essential vulnerability is always tested in moments of crisis. Governments enact “emergency powers” when at war because short-term authoritarianism seems preferable to the alternative. So when protesters at pro-Palestine marches in London are holding signs that openly celebrate the slaughter, rape and kidnapping of civilians, and an official advisor to the Met police is filmed leading a chant of “from the river to the sea”, there will always be pressure from a justifiably incensed public to resort to authoritarian remedies.

Even in peacetime, liberalism is susceptible to changing trends within the nation state. What happens, for instance, when the majority of any given population rejects the liberal values upon which their society is based? What if a government has implemented reckless migration policies that grant citizenship to those who do not recognise the value of individual freedoms? In such circumstances, the principle of democracy could be its own undoing.

Sweden is often considered to be a case in point. According to its national police chief, the rapid surge in migration over the past decade has led to an “unprecedented” rise in gang warfare between those who do not respect the rule of law. On a recent trip to Stockholm, I found myself discussing the implications with a group of residents. One woman expressed the view that Swedish people tended to take liberalism for granted, and that they had assumed newcomers would be eager to adopt the values of the nation that had welcomed them. Now many fear that this was warm-hearted naivety, and that the government had not done enough to ensure widespread integration.

Liberal countries acknowledge their moral responsibility to offer asylum for those in need, and typically take a compassionate view towards foreigners seeking a more prosperous life. At the same time, there must be a degree of societal consensus for the ethos of these nations to survive at all. For where such a consensus is jeopardised, either through mass immigration or radical domestic political movements, the temptation to dispense with liberal values is inevitable. But to call for the deportation of citizens who actively seek the demolition of our culture is to surrender our principles to the very people who oppose them. It is to resign oneself to authoritarianism in a perverse effort to defeat it.

Inevitably, one thinks of Karl Popper’s famous paradox that “in the name of tolerance” we should claim “the right not to tolerate the intolerant”. This is often invoked by activists to defend censorship of their opponents, typically in the form of a well-known cartoon meme that decontextualises and misreads Popper’s formulation:

“Unlimited tolerance must lead to the disappearance of tolerance. If we extend unlimited tolerance even to those who are intolerant, if we are not prepared to defend a tolerant society against the onslaught of the intolerant, then the tolerant will be destroyed, and tolerance with them.”

Popper’s next sentence is often omitted, in which he emphasises that so long as public opinion and rational argument can “keep them in check”, suppression of intolerant views would be “most unwise”. Protesters who take to the streets to celebrate murder fall into this category because they are self-discrediting. They are impervious to reason, but their sentiments are so essentially rebarbative that there is no risk of public opinion shifting in their favour.

But, some might respond, if liberalism is so delicate and continually under threat, why bother with it at all? In short: because it works. For all the claims by identitarian activists that the Western world is a racist hellhole, few living in the era of Jim Crow could have conceived of the advances we have made since then. The triumph of social liberalism is evident in multiple studies that show how Western societies are the most tolerant and diverse to have ever existed. It is no coincidence that all of the major civil rights movements — for black emancipation, feminism and gay rights — have traditionally been underpinned by a commitment to free speech and liberal ideals.

Of course, it is only natural that our patience is wearing thin. Having already witnessed pro-Palestine protesters in London throwing fireworks at police, and chanting in support of “Intifada” on the Tube, there can be no guarantees that such behaviour won’t be repeated on Saturday. The timing seems not only calculated to maximise publicity, but also as a declaration of contempt for British values and history.

But even if unruly and disrespectful, it would be self-defeating to ban the protest, or to insist on deportations for the worst offenders. Taking action against direct incitement to violence is one thing, but compromising on our key values is another. If we renege on our principles at the very moment when they are most imperilled, we risk undermining the very foundations upon which our civilisation is built. The authoritarian instinct may be a human constant but, with vigilance, it can be forestalled.

Source: Liberals have forgotten what free speech means – UnHerd

Diversity and inclusion on campus after the Hamas attacks – Inside Higher Ed

Reflections worthy of note, particularly the question: “How can campuses sustain some semblance of civility, forbearance and open-mindedness in the face of deep political and ideological divides?”

No easy answer but the last few weeks have demonstrated the necessity:

As tensions on elite college campuses flare in the wake of the deadly Oct. 7 Hamas attacks, and as many students and faculty members take sides in the Israeli-Palestinian conflict, many worry that the earlier talk about diversity, multiculturalism and inclusion has turned out to be a fraud.

It’s easy, at this fraught historical moment, to worry that tolerance and pluralism on campus are fraying and that antisemitism, Islamophobia and other forms of ethnic tribalism, stoked by ideologues, extremists and zealots, threaten to rip our campuses apart.

Every day seems to bring another account of students assaulted on a campus for their political views or their religious identity and of fliers and posters being ripped down. We even have reports of a professor at major university expressing “exhilaration” about the flaring violence in the Holy Land and another “ruminating about killing ‘zionist journalists who spread propaganda & misinformation.’”

Isn’t that what we mean by a hostile educational environment?

You don’t need to be Jewish to worry about the circulation of antisemitic tropes, memes and sentiments on campuses and social media. Meanwhile, many Muslim students feel that their concerns and viewpoints are downplayed, disdained or dismissed.

All this is especially shocking because campuses, in recent years, have placed such a high premium on diversity and multiculturalism and campus leaders have expressed such a strong commitment to facilitating “difficult dialogues.”

Much of the public conversation of what’s occurring on campus has been framed in terms of free speech, doxing and faculty members’ right to academic freedom. But I think there’s an even more pressing issue: How can campuses sustain some semblance of civility, forbearance and open-mindedness in the face of deep political and ideological divides?

I myself fear far less about the future of free speech on campus than whether all students will feel welcomed and supported when their political or religious views or identities or personal opinions differ from their classmates’. I have witnessed intellectual bullying, guilt-mongering and deliberate provocations within my own classrooms. Those problems aren’t simply a Fox News–fueled fantasy.

I will offer some suggestions about what campuses can and should do to support a more inclusive campus environment, but before I do, I’d like to take a few moments to discuss the broader issue of tolerance, assimilation and pluralism in American history.

This topic presents us with a paradox. On the one hand, this country has had a long history of nativism, xenophobia and discrimination against outsider groups, punctuated by rancorous and ongoing debates over immigration policy. On the other hand, it’s also the case that the United States has been more successful than almost any other society in absorbing and integrating immigrants. I think it’s indisputable that, for all its failings, by almost every measure, including interracial and interethnic marriage, this society has made genuine progress in becoming more inclusive.

This makes the apparent decline in mutual acceptance on campus all that much more worrisome.

During the 20th century, the United States was described, at various times, as:

  • A melting pot, where immigrant groups shed their distinctive identities and melt into a single, unified culture.
  • A salad bowl, a metaphor that suggests that the United States consists of distinct cultural groups that maintain a unique identity while co-existing side by side and contributing to the nation’s character.
  • A nation of nations, in which each group retains its autonomy but all are united under a shared national identity.
  • A tapestry, with ethnic group maintaining its own distinctive characteristics, yet woven together to create a vibrant mixture of languages, traditions, music, foods and art.
  • A kaleidoscope, as a continually shifting pattern of cultures that change and re-form into new patterns, emphasizing the dynamism of American cultural interactions.

There are those, like John Hector St. John de Crèvecoeur, who described an American as a “new man” who is distinctively individualistic, self-reliant, pragmatic and hardworking. Free to pursue self-defined goals, this new man rejects the ideological zeal and fixed identities that had characterized the Old World.

Then there are those who stress acculturation, the process through which individuals and groups absorb and adopt elements of the larger society. This doesn’t necessarily mean they fully assimilate; they can certainly maintain aspects of their original culture. And yet the tendency is to gradually adopt the customs, values and norms of the dominant culture—as a result, their original cultural identity fades or disappears.

Then, too, there are those who view the pressures for conformity and homogeneity much more negatively. This perspective looks at how schools, employers, mass media and the legal and political systems work together to suppress diversity and impose a high degree of cultural and linguistic uniformity—even as they nominally celebrate multiculturalism in cultural expression, dress, food and religion.

Assimilationist pressures can come from within or without: from a desire for social acceptance and belonging or economic advancement. From intermarriage, peer pressure, media influences and expectations in school and the workplace. From secularization, mass culture and consumerism, which have also contributed to a homogenized American identity.

Assimilation is, of course, a spectrum, not a binary outcome. Immigrants can adopt certain elements of American culture while retaining aspects of their original culture. I’d argue that the willingness to accept hybrid cultural identities, practices and traditions that has made assimilation easier.

Nor is American culture static. It is dynamic, undergoing a continual process of adaptation and change. In fact, one of American society’s distinctive features is a certain kind of cultural fluidity, adaptability and absorbative capacity.

Unlike France, the Western European country that, historically, was the most open to immigration, but which was also the most insistent on assimilation, the United States has been far less resolute in demanding that immigrants acculturate and its consumer industries far more eager to incorporate elements from the newcomers’ cultures, from foodways to music. Of course, this process was less a matter of cultural exchange than of cultural appropriation. The fact that the company previously known as Dunkin’ Donuts is the country’s larger purvey of bagels is telling.

Among this society’s most striking paradoxes is that largely in the absence of intensive “Americanization” campaigns, immigrants’ offspring became, within two generations, largely indistinguishable in attitudes, dress, language and politics from native-born Americans. Whether this pattern will persist in an age when it is far easier than in the past to maintain ties with one’s culture of origin remains uncertain. But rates of intermarriage suggest that it very well might.

It’s essential to emphasize that acculturation and assimilation co-existed with persistent discrimination and inequalities along lines of skin color. The burgeoning literature on the historical, social, legal and cultural construction of whiteness; on white privilege in terms of law enforcement, job prospects and access to educational opportunities, loans and health care; and on the normalization and invisibility of whiteness (and heterosexuality and maleness) as an identity remind us that identities are both fluid and profoundly consequential.

Which brings me to the topic of today: What can colleges and universities do to create a more civil and inclusive campus environment? After all, they’ve already taken certain obvious steps. Senior leadership has expressed a clear commitment to diversity, equity and inclusion and has asserted that these principles lie at the core of their institution’s mission and values. Campuses have mandated diversity training and established protocols for reporting instances of discrimination, harassment and bias.

In addition, institutions have incorporated multicultural perspectives into the curriculum, established cultural centers to support diverse students’ needs and promoted international food fairs and other activities and events to celebrate diversity. Many have acknowledged their historical ties to slavery, racism, colonialism, eugenics and other problematic aspects of their past and, as a result, have removed statues, renamed buildings and engaged in acts of restorative justice.

Nothing wrong with any of that. But, obviously, these steps haven’t been sufficient.

Not surprisingly, many wealthy donors want something more. As The New York Times opinion columnist Ross Douthat has written in a piece entitled “Why Big Money Can’t Easily Change Campus Politics,” many of these donors strongly object to the leftward ideological drift on elite campuses and the “administrative temporizing over the proper response to Hamas’s massacre of Israeli civilians and pro-Hamas statements by certain student groups.”

However, Douthat is right: their efforts to pressure college presidents and boards of regents are doomed to failure because, in the columnist’s words, an ideologically conformist, increasingly left-wing professoriate controls the curriculum, hiring and tenure and, he would no doubt add, an even a more staunchly progressive student life staff shapes the campus’s culture. The best donors can do, in Douthat’s opinion, is to:

  • Found or fund centers or institutes or programs or individual faculty members committed to heterodoxy and intellectual diversity and liberal ideals in some form.
  • Support smaller and poorer mission-driven institutions where their money might actually make a difference.
  • Give funds to student groups that do help those students who feel embattled and besieged and especially to student organizations that foster free debate.

Sounds good to me.

But let me add two other recommendations.

First, the college curriculum needs to treat diversity in a much more holistic, nuanced and comparative manner, especially at the lower-division level.

My students took U.S. history in fifth, eighth and 11th grades. I believe that they’d be better served by a course that looked systematically at various subcultures’ histories, traditions, values and challenges from a comparative vantage point and that looks at how these subcultures have interacted over time.

Wouldn’t undergraduates benefit from learning more, again from a comparative perspective, about these groups’ struggles for advancement and equality and the barriers they encountered?

Certainly, any course in comparative ethnic studies must avoid stereotyping, superficiality, tokenistic inclusivity and crude politicization. For some critiques of current approaches that lack the level of depth that I favor, see here and here. What we need instead is an approach that is truly analytical, fully inclusive and genuinely comparative.

Second, our campuses need to focus much more attention on local needs. I don’t believe there is a better way to foster a sense of community and connection on campus than by cultivating a shared commitment to addressing the problems that surround our institutions. Here’s how to do this:

  • Conduct a community-needs assessment. Identify the educational, environmental, health and other social problems and challenges that neighboring communities face.
  • Support research projects that address specific local challenges involving education, public health and environmental issues.
  • Increase engagement with local schools by offering tutoring programs, after-school activities, enrichment programs and mentorship opportunities.
  • Address local public health and social service issues and local environmental concerns by working with various local service providers.
  • Embed service-learning opportunities across the curriculum, for example, by awarding credit for community service in local schools, clinics and shelters or providing research and technology support to local organizations.
  • Host community events, forums, debates, workshops and theatrical events, art exhibitions and other performances on campus to foster constructive dialogue.
  • Expand continuing education opportunities tailored to the needs of the local community, including adult education classes, vocational training, English language courses and workshops on various topics, from computer literacy to financial planning, tailored to the needs of the community.
  • Research and acknowledge historical town-gown tensions and work toward reconciliation and trust-building.

Nothing I suggest here will address campus tensions over Middle East policy or the sense among many Jewish and Muslim students that their concerns are insufficiently acknowledged. But collaboration on issues of local concern might well advance cross-campus cooperation and communication, which are the essential underpinnings for positive interactions.

Steven Mintz is professor of history at the University of Texas at Austin.

Source: Diversity and inclusion on campus after the Hamas attacks – Inside Higher Ed

Goldberg: With War in Israel, the Cancel Culture Debate Comes Full Circle

On the need for dialogue:

Nathan Thrall’s searing new book, “A Day in the Life of Abed Salama,” struck me as important even before the obscene massacres and mass kidnappings committed by Hamas this month lit the Middle East on fire. Today, with people still struggling to understand the contours of this deeply complicated conflict, the book seems essential.

An expanded version of Thrall’s widely praised 2021 New York Review of Books article of the same name, the book follows a Palestinian man named Abed Salama as he searches for his 5-year-old son after a deadly school bus crash in the West Bank, a search hindered by Israel’s restrictions on Palestinian movement. Thrall, the former director of the Arab-Israeli project at the International Crisis Group, uses his reported account of the Salama family’s tragedy to offer a panoramic look at life under Israel’s occupation. He is deeply concerned with Palestinian grief, but also writes rich portraits of Israelis, including Beber Vanunu, founder of a settlement in the West Bank, and Dany Tirza, architect of the separation wall that cuts through the territory.

The day before Hamas’s attack on Israel, DAWN, an organization founded by the slain Saudi dissident Jamal Khashoggi to promote democracy in the Middle East, published an interview with Thrall. In it, Thrall was asked about his depictions of Israelis, and whether he had qualms about “humanizing the occupation.”

“I was very glad to be asked that question,” Thrall told me. “Because that was absolutely the ambition of the book, to depict real people” rather than villains and saints.

Because I admire “A Day in the Life of Abed Salama” so much, I agreed to moderate a talk with Thrall this Thursday in Brooklyn. But I’ve been shocked to learn that several of his other events, both in the United States and in Britain, have been canceled, either because of security fears or because it’s considered insensitive, right after the killings and abductions in Israel, to dwell on the plight of Palestinians.

“How does one promote a program on this subject to a largely Jewish audience when people on all sides are being bombed, killed and buried?” Andrea Grossman, whose Los Angeles nonprofit called off an event with Thrall, said in The Guardian. American Public Media, which distributes content for public radio stations nationwide, even pulled ads for the book. “We aim to avoid any perception of endorsing a specific perspective,” an APM spokesman said in an email, insisting that airing sponsorship spots for Thrall’s book would be “insensitive in light of the human tragedies unfolding.”

Thrall is not alone; in recent weeks several literary and cultural events by pro-Palestinian speakers or groups have been either scrapped or relocated. On Friday, the Pulitzer Prize-winning novelist Viet Thanh Nguyen was supposed to speak at 92NY, a major literary venue in Manhattan formerly known as the 92nd Street Y. That afternoon, however, the talk was abruptly called off, apparently because of an open letter Nguyen had signed about the “violence and destruction in Palestine,” as well as because of his past support for the boycott, divestment and sanctions movement against Israel. (The talk ended up happening instead at a downtown bookstore.) The Boston Palestine Film Festival moved online, nixing its live screenings. A Hilton hotel in Houston canceled a conference of the U.S. Campaign for Palestinian Rights, citing “security concerns.”

Part of me shudders to view the unfolding catastrophe in Israel and Gaza through the provincial lens of America’s cancel culture debate. In some ways, that debate has now come full circle, because pro-Palestinian voices were being censored long before the phrase “cancel culture” existed, one reason the left was unwise in recent years to prevaricate about the value of free speech. But if someone as evenhanded as Thrall now finds his talks being dropped, we’re in an especially repressive period. And in a time of war, particularly a war shrouded in fiercely competing narratives, free speech is more important than ever.

I don’t like the fact that the statement Nguyen signed gestured only vaguely at Hamas’s slaughter of Israeli civilians. In calling off his Friday evening appearance, 92NY, a Jewish organization, was playing by rules much of the left established, privileging sensitivity to traumatized communities ahead of the robust exchange of ideas. And supporters of Israel are hardly alone in creating a censorious atmosphere; particularly on college campuses, it is Zionists who feel silenced and intimidated. A professor at the University of California, Davis, is facing investigation by the university for a social media post calling for the targeting of “Zionist journalists,” which said, “They have houses with addresses, kids in school,” and included emojis of a knife, an ax and three drops of blood.

Nevertheless, a commitment to free speech, like a commitment to human rights, shouldn’t depend on others reciprocating; such commitments are worth trying to maintain even in the face of unfairness. “Art is one of the things that can keep our minds and hearts open, that can help us see beyond the hatred of war, that can make us understand that we cannot be divided into the human versus the inhuman because we are, all of us, human and inhuman at the same time,” Nguyen wrote on Instagram.

If the statement he signed didn’t live up to his own words’ generous spirit, 92NY would have been a good place to ask him why. The moments when dialogue is most fraught and bitter is when leaders most need to model it.

Source: With War in Israel, the Cancel Culture Debate Comes Full Circle

Serwer: The Right to Free Speech Is Not the Right to Monologue

Good and thoughtful commentary:

In august, the author Salman Rushdie was stabbed in the neck. The novelist has spent decades living under the threat of a hit put out by Ayatollah Ruhollah Khomeini in 1989. The religious directive was a response to Rushdie’s novel The Satanic Verses, which Khomeini regarded as blasphemous. For many, the attack was an opportunity to reflect on the importance of free expression, and a reminder of the clear distinction between speech and violence.

For others, it was an opportunity to remind others of the clear distinction between speech and violence, which is something that all those snowflake libs, who are sort of like the fanatic who stabbed Rushdie in the neck, should take to heart.

“We live in a culture in which many of the most celebrated people occupying the highest perches believe that words are violence,” Bari Weiss wrote on her Substack, citing no one in particular. “In this, they have much in common with Iranian Ayatollah Ruhollah Khomeini.” She added that “of course it is 2022 that the Islamists finally get a knife into Salman Rushdie. Of course it is now, when words are literally violence and J.K. Rowling literally puts trans lives in danger and even talking about anything that might offend anyone means you are literally arguing I shouldn’t exist.”

As an outlet, The Atlantic attempts to provide readers with a broad spectrum of perspectives based on shared values. One of these values is freedom of speech, a principle to which I and all of my cherished colleagues are deeply committed. The assassination attempt on Rushdie was a direct attack on that freedom, and it should be no surprise that writers here have a great deal to say about it. But I must respectfully disagree with some of my colleagues about the conclusions they have drawn from the attack, linking contemporary left-wing discourse with a fundamentalist theocrat’s call for assassination.

My colleague Graeme Wood pointed to Jimmy Carter’s 1989 op-ed criticizing Rushdie to argue that “over the past two decades, our culture has been Carterized. We have conceded moral authority to howling mobs, and the louder the howls, the more we have agreed that the howls were worth heeding.” He acknowledged, however, that “since the attempt on Rushdie’s life, almost no one has advanced these arguments,” meaning a link between the emotional injury of blasphemy and the very literal violence of murder. If our society were truly “Carterized,” I would have expected instead to have seen some prominent American figures make the argument Carter did decades ago.

Another one of my colleagues, Caitlin Flanagan, settled for an exegesis of the views of the Twitter user @MeerAsifAziz1, whose account no longer exists. She argued that “the culture of free speech is eroding every day,” and offered a hypothetical example: “Ask an Oberlin student—fresh outta Shaker Heights, coming in hot, with a heart as big as all outdoors and a 3 in AP Bio—to tell you what speech is acceptable, and she’ll tell you that it’s speech that doesn’t hurt the feelings of anyone belonging to a protected class.”

I’ll make no secret that I believe the focus on the misguided egalitarianism of undergraduates at private colleges has been disproportionate. People like this exist, though, and it’s fair to criticize them. What I frankly find puzzling is presenting this hypothetical student as the avatar of the idea that dangerous speech and ideas must be suppressed, when in statehouses and governors’ mansions, politicians who have the authority to enforce their ideas about censorship with state power are actually putting them into practice. Unlike the hypothetical Oberlin student, these officials are real, and the threat they pose to free speech is not only clear and present, but backed by a certain level of popular demand.

I agree with Weiss and Wood and Flanagan that there is a bright line between speech and violence that must be respected, and that trying to kill someone for offending you is monstrous. Speech is not violence, and to argue so is to imply that violence is an appropriate response. The unacknowledged reality of these three essays, however, is that what I just stated remains the broad, widely held consensus in American life, from right to left. Americans simply do not live under anything resembling the kind of repression in which people are killed for blasphemy with state or popular support.

Weiss, Wood, and Flanagan also noted the objection of a group of writers and thinkers to the PEN association bestowing an award on Charlie Hebdo, the French satirical publication that terrorists attacked in 2015 over its caricatures of the Muslim prophet Muhammad, murdering 12 people, including several staff members, police officers, a maintenance worker, and someone who was visiting that day. The letter signers described the massacre as “sickening and tragic” while criticizing PEN for “valorizing selectively offensive material: material that intensifies the anti-Islamic, anti-Maghreb, anti-Arab sentiments already prevalent in the Western world.”

Weiss attacked the “civic cowardice” of those who objected, while Flanagan wrote that these writers were pressuring the organization to “abandon its mission” of protecting freedom of expression. Wood described the writers’ position as muddling “the distinction between offense and violence, and between a disagreement over ideas and a disagreement over whether your head should remain attached to your body.”

I would not have signed that letter if asked, not only because I do not sign open letters, as a matter of preference, but because I believe that blasphemy is a human right, and that the message that PEN was sending with the award was an endorsement not of Charlie Hebdo’s content but of the staff’s bravery in the face of an attempt to silence them through murder. But just as I have no objection to the award, I have no issue with people criticizing it because they do not want it to be interpreted as an endorsement of the racist caricatures Charlie Hebdo is known for, even accepting that they are intended with a layer of irony. (I’m not sure how many of the people disseminating these images are aware of the irony.) These may be mutually exclusive positions, but both are consistent with respecting free speech. Indeed, both the writers of the letter and its critics are arguing that there are things you can say but should not.

One of the significant measures of free speech in a given society is how people deal with blasphemy—whether religious offense provokes state censorship or violence. America has a relatively strong record in that respect in comparison with much of the rest of the world, while clearly faltering in others. The suggestion here, however, is that the writers who objected to the award granted to Charlie Hebdo are in some sense justifying the massacre, and therefore defending the notion that violence is an appropriate response to offensive speech. But surely one can defend the right of Nazis to publicly protest while rejecting the tenets of national socialism. If I cannot defend the fundamental right of a speaker to be offensive while objecting to their speech, then what am I actually defending?

In this case, the rights being asserted seem to be the right to be offensive, and the right of the offended to shut up and like it. The former combined with the latter is not an assertion of the right to free speech so much as a right to monologue, which I do not recognize.

The American culture of free speech is indeed under threat, as Flanagan argued. Free speech requires a robust exchange of views without the coercion of threats and violence, and self-censorship in response to social pressure is a genuine risk. Yet by definition, there is no free speech if one person is allowed to make an argument and another is not allowed to object to it. Nor has there ever been a time in American history when freedom of speech was not threatened with proscription by the state, or when one could express a controversial opinion and not risk social sanction. In short, the culture of free speech is always under threat.

In almost every era of U.S. history, the bounds of free expression have been contested. In the founding era, patriots tarred and feathered royalists. Before the Civil War, southern states passed laws that could be used to prosecute the dissemination of abolitionist literature and sought to prevent the Postal Service from delivering antislavery pamphlets, saying they would foment insurrection by the enslaved. Mobs followed the abolitionist Frederick Douglass across the North, throwing rotten eggs, stones, and menacing slurs at the orator at speaking events.  After Reconstruction, white supremacists destroyed the office of Ida B. Wells’s newspaper, The Free Speech and Headlight, following the publication of an editorial arguing that lynchings of Black men accused of raping white women were in fact punishment for consensual relationships. The Red Scares of the 20th century saw Americans forced from their jobs and prosecuted for leftist beliefs or sympathies on the grounds that those were tantamount to a commitment to overthrowing the government. Out of that crucible emerged a civil libertarian concept of free speech that many have mistaken for timeless rather than a product of a certain history and a particular arrangement of political power. The idea that certain forms of speech or expression justify or provoke violence, let alone that blasphemy does so, is not an invention of modern social-justice discourse.

Every generation faces a different challenge when it comes to freedom of expression. Ours includes not only the widespread and growing campaign of state censorship led by Republican lawmakers, but a social-media panopticon that can both deny us the privacy necessary to come to our own conclusions and inhibit the courage necessary to express them. Most of us are not meant to be privy to every misguided utterance of a stranger, nor are we meant to have our errors or worst moments evaluated publicly by people who learned of our existence only as the focus of political propaganda, as the subject of ridicule, or as acceptable targets in pointless feuds between online cliques. (Although it must be said, there are those who thrive in such conditions, and have successfully exploited them for fame, profit, and status.)

Yet, as Aaron R. Hanlon recently wrote in The New Republic, this wave of censorship laws in Republican-controlled states bears scant mention among many of the most prominent self-styled defenders of free speech, or at least, far less than the tyranny of the ratio. But we do not become little Rushdies when our inboxes and mentions are inundated with deranged filth from disturbed strangers, as a result of the public-facing profession we chose and the technological advancements that make us more accessible to such people.

It is not minimizing the power of digital mobs to say that spending decades with the state-backed threat of an assassin’s blade at your throat is coercion of a different magnitude. The wrath of an online mob can be harrowing: harassment, outrageous falsehoods, and threats are not pleasant to bear, and can threaten not just your mental health but your livelihood, and in extreme cases your safety. To pretend that seeking to avoid such an experience does not condition what people say and how they act would be foolish. But to pretend that this is a left-wing ideological phenomenon rather than a structural one, when educatorsmedical providerselection officials, and others from all walks of life are being driven underground by right-wing influencers who can conduct a mob like an orchestra, would be equally foolish.

The United States is living through the largest wave of state censorship since the second Red Scare. Beyond the plague of education gag laws restricting the teaching of unpleasant facts about American history, conservative judges seek to rewrite constitutional free-speech protections to punish the “liberal” media, and conservative states pass laws against public protest and immunize from liability those who would run over protesters with their cars, while law-enforcement organizations hope to use civil lawsuits to sue demonstrations against police brutality out of existence. Conservatives have sought to fire librarians and purge public libraries of books they deem controversial by categorizing them as obscene, as state officials try to punish teachers who provide their students with public information that allows them to access samizdat from libraries in states where it is not forbidden. Not only do abortion bounty laws seek to enforce silence around reproductive health, lest a person discussing the subject prick the ears of some snitch seeking a payday, but the overturning of Roe has coincided with explicit attempts to criminalize speech about abortion. In the strongest labor market in a generation, billionaires seek to use their power and authority to crush workers organizing for better conditions and a living wage.

There is no shortage of major free-speech issues to address in America today, but many of us in the writing profession are primarily concerned with our social-media experience, because that is what we most directly and frequently encounter. Instead of recognizing that the warped behavioral incentives created by social media are a structural problem, we tend to blame the people online who annoy us the most. In many cases, those defending “free speech” are not defending freedom of expression so much as seeking the power to determine which views can be publicly expressed without backlash, and which can be silenced without reproach. When we speak of an idealized past without chilling effects, we are simply imagining a time when the social consensus was repressive and stifling for someone else.

These conflicts are far more complex precisely because there is no clear line where social pressure from those exercising their rights of free speech and association crosses over into censoriousness. State censorship and violent compulsion are relatively easy to identify and oppose, if not always easy to prevent. When does accountability become harassment? When does protest become coercion? What views should be acceptable to state in polite society, and which should be appropriately shunned by decent people? When does a voice of criticism become the howl of a mob? When does corporate speech become corporate censorship? No society in human history has ever had simple answers to these questions. In a free society, sometimes people will choose to be horrible, and there is little to do other than make a different choice and counsel people to do the same.

Presenting these dilemmas as similar to an attempt to silence someone with a theocratic death mark is trivializing, and ahistorical. There has never been a golden age when anyone could say what they wanted without consequence, only eras in which one shared perspective was dominant. Though nostalgia may cloud our perceptions, those times were no more free, even if politics, ideology, or self-promotion might compel us to remember otherwise.

Source: The Right to Free Speech Is Not the Right to Monologue