Political Power and the Need for Free Speech

Greg Lukianoff of FIRE:

In a democracy, the majority doesn’t need special protection for freedom of speech because their power is protected by the majority vote. The bully and the bigot easily get their way if they have the votes.

The fact is that only those with opinions that are unpopular with the majority or the ruling elite need the special protection of freedom of speech. It is not, in fact, a coincidence that the Civil Rights Movement, the women’s rights movement, and the gay rights movement (just to name a few) only really took off when the protections of the First Amendment became strongly interpreted beginning in the 1950s. Prior to that, without a strong First Amendment, those movements were easy to shut down.

But the powerful in higher education find this narrative inconvenient. This is because, frankly, they are unsatisfied with the amount of power they have over speech and thought (which is already immense, and regularly abused). They prefer a narrative in which they are still the underdog (which they've never really been) and still the hero (which they very rarely are). At the same time, they’d like to continue to censor “bad” speakers and “bad” speech — not just with new tools, but with a continued sense of self-righteousness about their authoritarian impulses.

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Conservatives Defending Traditional Liberal Values

How did it come to be that conservatives have become the most vocal defenders of traditional liberal values? At Public, Michael Shellenberger describes the challenge facing those of us who embrace traditional liberal values:

For most of the post-war period, liberalism in the United States was defined around freedom of speech, the needs of the working class, and the fight against racism and sexism. It was liberals who defended the right to burn the American flag, and of neo-Nazis to march through a neighborhood of Holocaust survivors. It was liberals who fought against corporate power and for the rights of working people. And it was liberals who fought to end racial segregation and to protect girls and women, including in sports.

All of that has changed. Today, it is conservatives who are fighting the racial re-segregation of classrooms and workforces by Diversity, Equity, and Inclusion (DEI) administrators in thrall to Critical Race Theory (CRT). It is conservatives who are defending the right to freedom of expression online from progressives demanding greater censorship by Big Tech and the government. And it is conservatives who are defending the rights of girls and women to female-only spaces and sports from natal males...

A similar dynamic occurred with the natural environment. After World War II, both liberals and conservatives, Democrats and Republicans, supported industrialization, economic development in poor nations, and nuclear power. Starting in the 1960s, the radical Left turned against industrialization, and started romanticizing peasant life in poor nations, while opposing nuclear energy in rich nations. The result was that Republicans were left holding positions that were once mainstream liberal ones...

As a result, conservatives find themselves in the paradoxical position of defending traditional liberal values like free speech and racial equality from progressives.... A big part of the reason as to why it has been left to conservatives to defend liberalism is because the radical Left, or what is sometimes called the Woke Left, had already defeated traditional liberals, first in major societal institutions and then in Congress, many years and some cases decades ago. [Christopher] Rufo attributes much of the radical Left’s success to its ability to manipulate language and emotions.

Traditional liberals didn’t understand who they were dealing with. The liberal university presidents, the newspaper editors, and the heads of various professional associations were committed to civil dialogue and democracy; the radical Left insurgents were not. The radical Left didn’t hesitate to use illiberal means, including making false accusations of racism, sexism, and homophobia, against their opponents...

Readers of Public know that I believe that the radical Left’s power stems from being able to offer a complete Woke religion to fill the vacuum left by declining belief in traditional religions ... Into the spiritual void emerged a new religion: victim ideology, or Wokeism.

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About “Book Banning” and Young Children.

Deciding what is age-appropriate is not "book banning." This is not a difficult distinction except for those who seek headlines based on half-truths.

I've seen images of many of the pages of many of the books that have purportedly been "banned" from grade school students. As a parent, I would have been aghast had my young children had access to most of these books without my specific knowledge or consent. BTW, I know "Elizabeth Bennett" personally and I have no doubt that what she has written is true.

The following is an excerpt from the Court's Aug 5, 2022 Order in the case of C.K.-W v Wentzville R-IV School District Order Denying Preliminary Injunction, US District Court, Eastern District of Missouri Case No. 4:22-cv-00191. We are facing some real problems with conservatives going crazy banning valuable and age-appropriate books in school libraries. Before you fall prey to the claim that ALL of "book banning" cases are the same, however, consider the court's description of the books being "banned" in this case:

'Fun Home,' for example, has entire illustrated pages showing characters engaging in oral sex along with accompanying ribald language. Doc. [2] at 214; see also id. at 80–81 (showing various detailed illustrations of two undressed individuals in bed together with the narrator explaining that she “spent very little of the remaining semester outside her bed”). 'All Boys Aren’t Blue' vividly describes multiple sexual encounters of the author. See Doc. [3]. “He reached his hand down and pulled out my dick. He quickly went to giving me head. . . . [W]e dry humped and grinded. . . . I put some lube on and got him up on his knees, and I began to slide into him from behind. . . . I eased in, slowly, until I heard him moan. . . . I finally came and let out a loud moan—to the point where he asked me to quiet down for the neighbors. I pulled out of him and kissed him while he masturbated. Then, he also came.” Id. at 266–268. All Boys Aren’t Blue details another encounter. “[H]e told me to lie down on the bed. He asked me to ‘turn over’ while he slipped a condom on himself. . . . [T]his was my ass, and I was struggling to imagine someone inside me. And he was . . . large. But I was gonna try.” Id. at 270–71 (second ellipsis in original).

In keeping with the pattern, 'Heavy: An American Memoir' likewise has detailed accounts of sexual encounters. The book does not attempt to hide its contents. As the back cover explains, the book discusses the author’s “complex relationship with his family, weight, sex, gambling and writing.” Doc. [4]. The author writes that “Renata pulled up her shirt, unhooked her bra, and filled my mouth with her left breast. . . . Choking on Renata’s breasts made me feel lighter than I’d ever felt. After a few minutes, Renata grabbed my penis and kept saying, ‘Keep it straight, Kie. Can you keep it straight?’” Id. at 22–23. And elsewhere, “I got close enough to the door to see Delaney was standing in the middle of the room with his soggy maroon swim trunks around his calves. Dougie was on his knees in front of Delaney with his hands behind his back. His tongue was out, licking the tip of Delaney’s penis.” Id. at 40.

Could a librarian or, ultimately, a school board official conclude that these books were age suitable for some older students and that the books merited inclusion based on their content overall? Sure. But can this Court conclude that the librarian’s determination that these books were not age appropriate was a pretense, absent some actual evidence, and that the real decisive reason for the removal was to deny access to students of certain ideas? Not at all. But Plaintiffs make the sweeping and, frankly, disconcerting request to have this Court require that the District “restore access” to these three books and “any books that were removed from school libraries during this school year and for which access has not been restored.” Doc. [19] at 17 (emphasis added). Meaning Plaintiffs would have this Court force the District to provide access to these, or any other books, that the District’s librarians concluded were appropriate for removal no matter the reason. Even if one of these books, or another that was even more sexually explicit, had been available to a library that served third graders, either inadvertently or because the librarian was unaware of the content, Plaintiffs would have this Court order the District to return the book for the third graders to read.

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Hollowed-Out

I propose this as a metaphor for a large country whose institutions are being hollowed out.

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