FIRE’s Advice to Elon Musk

I whole-heartedly agree with Greg Lukianoff's Advice to Elon Musk.

Dear Elon Musk,

My name is Greg Lukianoff. I’m the president of the Foundation for Individual Rights in Education (FIRE), a nonprofit nonpartisan organization. Since 1999, we have helped thousands of students and faculty members fight back when their free speech rights were threatened and have helped millions more through lawsuits and policy reforms. I am also the co-author of “The Coddling of the American Mind,” which investigates how a culture of safetyism and censorship harms individual mental health and American democracy. Since its early days, I have been excited about social media’s potential and concerned about its leaders’ efforts to mitigate its downsides by restricting free expression. I agree with Mark Zuckerberg’s 2020 statement that “Facebook,” or any other social media company, “shouldn’t be the arbiter of truth.” Yet leading technology and social media companies have begun to act in precisely this way. They implement vague content moderation policies, remove and censor accounts with little or no explanation, and arbitrarily attach warning labels to content.

It doesn’t have to be this way. With the right leadership operating from a foundation of intellectual humility, social media platforms can become models of the value of free expression, even helping generate knowledge that moves society forward. As Twitter’s owner, I hope you will encourage much-needed changes to the platform that will make it a positive force for free expression, interpersonal connection, and broader community understanding. And, in so doing, inspire leaders at other social media companies to do the same.

To that end, I hope you will consider the following:

-- Look to First Amendment law for guidance on implementing free speech-friendly policies. As a private company, Twitter is under no legal obligation to enforce First Amendment free speech standards. However, it makes great sense to voluntarily borrow their wisdom. First Amendment law is the longest-sustained meditation on how to protect free speech in the real world. This body of law, honed over the course of a century, can provide practical guidance and real-world precedents for managing the platform.

-- Eliminate viewpoint-discriminatory policies and practices. Viewpoint discrimination — singling out specific points of view for censorship while leaving others alone — is practically the definition of censorship. Banning or otherwise punishing speakers on the basis of their viewpoint not only chills speech but can intensify polarization. Twitter should craft policies that explicitly state that no one will be banned or otherwise penalized for merely expressing an opinion.

-- Use categories to clearly define sanctionable speech. American law takes a categorical approach to distinguishing protected and unprotected speech. The advantage of the categorical approach is that it limits the arbitrary censorship that can result from ad hoc balancing tests by limiting what can be banned to certain well-defined categories of unprotected speech. Categories of unprotected speech in the law include incitement to imminent lawless action, defamation, obscenity (essentially hard-core pornography), and true threats. Further, correcting a common misunderstanding, speech that is materially part of the commission of a crime is not protected. By reflecting categories of speech already existing in law, Twitter policies can be understood with clarity and enforced with consistency.

Knowing what people think — even if it’s troubling — is essential to understanding the world as it is and to deciding how to act within it. Unfortunately too many of today’s leaders — whether in education, at social media companies, or in the larger corporate and governmental world — preempt this process of understanding through censorship, believing they’re acting in the interest of either factual accuracy or emotional or psychological safety. Furthermore, they attempt to lead through confirmation, taking institutional positions on hotly contested issues, imposing a “correct” way to think.

Twitter can — and should — blaze a new trail, aspiring toward a positive vision of a freer and more constructive public conversation. It can do this by producing guidance and implementing structures that embrace institutional disconfirmation: an iterative process by which existing ideas, assumptions, and theories are revised through subtraction, eliminating what we decide is false to inch towards a “better approximation of the truth.” This process, which lies at the heart of the scientific revolution and underlies academic freedom today, encourages people to produce real knowledge that benefits us all.

I hope that you will use your influence at Twitter to preserve and prioritize humanity’s fundamental right to free expression, while guiding innovation in the direction of constructive and meaningful discussion.

Sincerely, Greg Lukianoff President and CEO, Foundation for Individual Rights in Education (FIRE)

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John McWhorter Continues to Fight a Two-Front Culture War

Below I'm posting an excerpt from John McWhorter's recent NYT essay: "The Right Likes Book Bans. That Fuels the Left’s Cancel Culture."

BTW, I "identify" as a person who assumes he will be politically homeless for the rest of his life. Clowns to the left of me, Jokers to the right . . .

These cancellations [instigated by those on the political right] are part of a larger project, seeking to muzzle opinions antithetical to the woke quest to eternally contest power differentials and endlessly expand the definition of white supremacy. People on the right are duly appalled by this mind-set. But they miss that their book bans are just as tinny, just as local to petty concerns of our moment and just as, well, unjust. And by revving up its own cancel culture, the anti-woke right is providing the woke left with bulletin-board material: The left, when called on its excesses, can just point to the right’s school-board crusades to justify its own inquisitional zeal. Don’t ban “Bad and Boujee”? How about: Don’t ban “The Bluest Eye”! I’ve encountered endless renditions of this argument in the wake of my book, “Woke Racism.”

The conflict-shy left-of-center onlooker, alarmed by — but unprepared to confront — wokeism on his or her own “side,” winds up finding a certain comfort in what the right is doing. If right-wing zealots are as out-of-bounds as left-wing zealots, they’re able to classify hyper-wokeism as but one symptom of a pox on both ideological houses — a larger, equal-opportunity puritanism. This, in seeming rather hopelessly general, and a matter of a national mood rather than a particular fault of a woke agenda, evinces less desire to face it down. It seems too protean to productively oppose, and all you can do is shake your head and move on.

So here’s a question for right-wing book banners: Do you honestly think the world without your book bans would be a terrible place?

Because if you don’t, and if what you’re really doing is a combination of virtue signaling, panning for gratifying retweets and ginning up wedge issues to help win elections, then you are mirroring what the hard left has been overdosing on since two springs ago. You’re distracting focus from the way the left continues to shred our cultural fabric. There is no better way to sponsor recreational woke puritanism than by fostering a right-wing version of the same.

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FAIR Educates a University About Segregated “Listening Sessions”

Update from Foundation Against Intolerance and Racism's (FAIR) Legal Team. It's interested that the University thought it had to divide the students by "race" in order to have a "listening session":

On April 13th, our legal team sent a letter to Anderson University president, John Pistole, in response to a FAIR Transparency report about upcoming “listening sessions” segregated by skin color. We informed Pistole that this would violate Title VI of the Civil Rights Act.

The stated reason for these segregated sessions was to ensure “a safe space where students can voice their opinions freely,” but many other non-discriminatory alternatives are readily available, such as encouraging students to speak openly and freely, allowing equal time for each student who wishes to speak, the ability to speak anonymously, and articulating rules and expectations for respectful conduct and dialogue. The message that it is “unsafe” to be around those who do not share the same skin color stigmatizes everyone.

We are happy to report that Anderson University has recognized the divisive nature of this proposed practice, and has reconsidered its approach to providing an open and inviting environment for all.

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Keeping Your Company Out of the Culture Wars, Keep it Free to Pursue its Business Purpose

Jonathan Haidt and Greg Lukianoff wrote an article that offers real-world advice to corporations. They are addressing businesses that want to simply do business while avoiding moral dependency of the up and coming generation that includes many childlike adults who have been coddled all the way through life, including at their elite universities. Here are the first three suggestions list in How To Keep Your Corporation Out of the Culture War: Eight steps business leaders can take to prevent ideological pressure and political conformity in the workplace.

1. Expand your definition of diversity. While racial diversity and gender expression often dominate what people mean by diversity on campus, for a company trying to serve a diverse market in a fast-changing economic environment, having diversity of opinion, diversity of experience, and diversity of social class and geographic background can be even more important. In fact, the kind of diversity most often found to confer advantages on teams is not demographic diversity but rather diversity of perspectives on topics closely related to the task at hand. This includes both functional diversity (e.g., what roles people play in the company) and political diversity (at least when trying to find truth about politically controversial topics).

2. Reconsider what colleges you hire from. While elite colleges offer the promise of bright and hard-working employees, the problems we covered in our book are generally more severe at elite private colleges. You might want to consider hiring from large state schools, and ones from regions of the country other than the West Coast or Northeast. This will increase your diversity by social class and region, and it may help your organization avoid the elite college groupthink that seems to be damaging some organizations, potentially giving your organization a competitive advantage.

You might want to go still further and consider hiring people who have not attended college at all, if you can put in place standards that still guarantee hard-working employees with relevant skills. We believe that the numbers of bright, hard-working, and talented people choosing to skip college or to learn through a less traditional alternative will increase in the coming years, while the ability of elite college graduates to work well with those who do not share their beliefs will continue to decline.

3. Orientation: Be direct with candidates and new hires. If you decide that you want your organization to be politically neutral or self-consciously politically heterogeneous it’s a good idea to say so in job postings, and to introduce that idea to employees from their very first day. For example, you could state: “Our company’s culture is oriented toward success in our mission, which is [lay out business mission here]. We therefore do not take public stands on issues that are not central to our business mission. If you're not willing to work for such a company, or with people who disagree with you on some of your deepest beliefs, this might not be the right organization for you.”

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