NPR Incoherently Lashes Out at “Free Speech”

Matt Taibbi's latest article, with which I completely agree: "NPR Trashes Free Speech. A Brief Response: In an irony only public radio could miss, "On the Media" hosts an hour on the perils of "free speech absolutism" without interviewing a defender of free speech." An excerpt:

The guests for NPR’s just-released On The Media episode about the dangers of free speech included Andrew Marantz, author of an article called, “Free Speech is Killing Us”; P.E. Moskowitz, author of “The Case Against Free Speech”; Susan Benesch, director of the “Dangerous Speech Project”; and Berkeley professor John Powell, whose contribution was to rip John Stuart Mill’s defense of free speech in On Liberty as “wrong.”

That’s about right for NPR, which for years now has regularly congratulated itself for being a beacon of diversity while expunging every conceivable alternative point of view.

I always liked Brooke Gladstone, but this episode of On The Media was shockingly dishonest. The show was a compendium of every neo-authoritarian argument for speech control one finds on Twitter, beginning with the blanket labeling of censorship critics as “speech absolutists” (most are not) and continuing with shameless revisions of the history of episodes like the ACLU’s mid-seventies defense of Nazi marchers at Skokie, Illinois.

The essence of arguments made by all of NPR’s guests is that the modern conception of speech rights is based upon John Stuart Mill’s outdated conception of harm, which they summarized as saying, “My freedom to swing my fist ends at the tip of your nose.”

Because, they say, we now know that people can be harmed by something other than physical violence, Mill (whose thoughts NPR overlaid with harpsichord music, so we could be reminded how antiquated they are) was wrong, and we have to recalibrate our understanding of speech rights accordingly.

This was already an absurd and bizarre take, but what came next was worse. I was stunned by Marantz and Powell’s take on Brandenburg v. Ohio, our current legal standard for speech, which prevents the government from intervening except in cases of incitement to “imminent lawless action”:

"MARANTZ: Neo-Nazi rhetoric about gassing Jews, that might inflict psychological harm on a Holocaust survivor, but as long as there’s no immediate incitement to physical violence, the government considers that protected… The village of Skokie tried to stop the Nazis from marching, but the ACLU took the case to the Supreme Court, and the court upheld the Nazis’ right to march.

POWELL: The speech absolutists try to say, “You can’t regulate speech…” Why? “Well, because it would harm the speaker. It would somehow truncate their expression and their self-determination.” And you say, okay, what’s the harm? “Well, the harm is, a psychological harm.” Wait a minute, I thought you said psychological harms did not count?"

This is not remotely accurate as a description of what happened in Skokie. People like eventual ACLU chief Ira Glasser and lawyer David Goldberger had spent much of the sixties fighting the civil rights movement. The entire justification of these activists and lawyers — Jewish activists and lawyers, incidentally, who despised what neo-Nazi plaintiff Frank Collin stood for — was based not upon a vague notion of preventing “psychological harm,” but on a desire to protect minority rights . . . .

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If you are wondering whether Taibbi is accurately portraying this NPR discussion, I invite you to listen to it here. NPR's conversation is stunningly muddled and incoherent. None of the guests show any meaningful familiarity with the work of John Stuart Mill. None of the participants demonstrate a working understanding of the First Amendment or the case law interpreting it. The result is that most of the discussion is aimed at straw men. And fully in line with what NPR has done, it stirred in a discussion of the "implicit bias" test in this free speech discussion, the perfect cherry on top for NPR's increasingly woke audience. This is what passes for a meaningful discussion at NPR.

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The Importance of Free Inquiry at the Academy

Heterodox Academy has released this 3-minute video arguing for something that 20 years ago would have puzzled most people.

This video advocates for

  • Free Inquiry at the Academy
  • Encouraging the Life of the Mind, and
  •  The Use of Evidence when taking positions, rather than relying on mere feelings.

But this is 2021, and we are, in many places, continuing our descent into a new Dark Ages where an increasingly acceptable way to win an argument is to silence one's opponents, using economic threats and brute force if necessary, even at the Academy.

I fully support the following ideas of Heterodox Academy:

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I fully support the above ideas in my role as a law professor and in my personal life. As an attorney affiliated with Foundation for Individual Rights in Education (FIRE), I am willing to push back against persons and organizations violating these principles where they involve violations of civil rights, including violations of the First Amendment.

In fact, FIRE has now established a Faculty Legal Defense Fund to protect the speech of faculty members.  Here is how it works:

Public college and university faculty who face a threat of sanction by their institution or have been punished for expressive activity—whether it’s instruction, scholarship, or speaking on issues of public concern—can submit matters for FLDF consideration. They can do so through FLDF’s dedicated 24-hour Hotline at 254-500-FLDF (3533), or submit a case online. Our staff quickly review the matter and, if it falls within FLDF’s mandate, connect the faculty member with one of the experienced nearby lawyers in the FLDF network for assistance.

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Attorney with Stellar Career with NY Legal Services Dares to Have an Opinion that Counters the Woke Narrative.

Here’s an example a good-hearted intelligent attorney who has been cancelled by fringe left-wing ideologues. This type of problem started off as a few rain drops (e.g., the case of Steven Pinker), but now we’re in a torrential storm. There are so many other stories emerging too. Many people have personally communicated to me that they are afraid to express their opinions--they are afraid to like my FB posts, even though they agree with many of them.

This is the case of Maud Maron, a Legal Aid Attorney who has had a long and stellar career in NY, but how dare she express an opinion that counters the prevailing narrative! Off with her head! She has filed suit against her office. The allegations described in this article by FAIR are extremely disturbing. Here's an excerpt from FAIR's article:

As a committed public defender with an exemplary record for over two decades, Maud has represented poor and low-income New Yorkers of every skin color in criminal court. But when she wrote an op-ed disagreeing with Robin DiAngelo’s illiberal claim that all white people are racist, her employer and union publicly attacked her in racially-charged social media posts about her alleged “white superiority,” what she must think simply because she is, in their words, a “white practitioner,” and how she participates in “white supremacy” and “oppresses” others solely because of her skin color. By claiming they are “ashamed that she works at the Legal Aid Society” and emphatically stating, “Enough is enough,” they made it clear she was no longer welcome at her job.

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Ben Franklin: It’s “a Republic, if you can keep it.”

On September 17, 1787, as delegates left the Constitutional Convention in Independence Hall, Benjamin Franklin was asked what kind of government do we have?

"A Republic," he replied, "if you can keep it."

I am stunned at the willingness of many on the political left to ignore the First Amendment out of convenience when it comes to their favorite issues. As I predicted several days ago, the ACLU has been silent. Many of us who used to fear government censorship are publicly warming up to that idea.  In recent days, Glenn Greenwald has commented repeatedly. For example:

Those who remember the recent past the federal government be able to declare and enforce its version of the "truth" re COVID.  Here's a few examples:

There is apparently something in the water that is causing Americans to become obtuse, unable to understand their own history, their own government and nuance. Many people who hear my opinions of these topics accuse me of liking it when malevolent and stupid people kill other people by spreading lies about COVID.  They think I like it when harmful false ideas are spread through social media. Many of them are proud Americans who wave flags and celebrate the Fourth of July, but they don't understand the function and power of the First Amendment and free speech (the latter of which is a broader issue). It's as though they don't understand that many truths are complex, making them unendingly imperfect and tentative. It's as though they don't understand that by allowing the marketplace of ideas to run its course, we will be in the best position to understand what is going on around us on every topic and every issue. It's as though they want to completely trust a government that excels in spewing out lies, year after year, administration after administration.

Is it too much to ask that Americans understand their own Constitution before willingly shredding parts of it?

Continue ReadingBen Franklin: It’s “a Republic, if you can keep it.”