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arguments made by all of NPR’s guests is that the modern conception of speech rights is based upon John Stuart Mill’s outdated conception of harm, which they summarized as saying, “My freedom to swing my fist ends at the tip of your nose.”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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FIRE launches Faculty Legal Defense Fund to Defend Faculty Members for Engaging in Constitutionally Protected Speech

Scholars in higher education who were targeted for their expression have quadrupled since 2015. In response, the Foundation for Individual Rights in Education ("FIRE") has launched its Faculty Legal Defense Fund to defend faculty members under attack for engaging in constitutionally protected speech. The FLDF provides free legal assistance to faculty at public colleges and universities across the country. I am proud to be one of the attorneys who will be working with FIRE on this effort.

A new report from FIRE shows an alarming 74% success rate for campaigns targeting collegiate scholars for their constitutionally protected speech — and the data suggest the worst is yet to come.

What is the focus of this effort? "Targeting Incidents," which are defined as follows:

We define a targeting incident as a campus controversy involving efforts to investigate, penalize or otherwise professionally sanction a scholar for engaging in constitutionally protected forms of speech. Our definition of a targeting incident does not include instances in which the scholar is subjected to harassment or other forms of intimidation, but does not face an attempt at being professionally penalized or sanctioned. Nor does it include cases where the individual(s) or group(s) expresses opposition to a scholar’s speech, but does not make any demands that the scholar and/or institution take action to remedy the situation.

Universities that are more likely to violate the rights of their faculty are those who have not adopted "The Chicago Statement":

Because the University is committed to free and open inquiry in all matters, it guarantees all members of the University community the broadest possible latitude to speak, write, listen, challenge, and learn . . . . [I]t is not the proper role of the University to attempt to shield individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive.

—Excerpt from the Chicago Statement

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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?

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Ed Snowden Talks Shop with Daniel Ellsberg

Ed Snowden invited Daniel Ellsberg to have a conversation. These two men who are heroes to me (and to each other), discuss the importance of whistle-blowers, free speech and the war powers of the United States. Ellsberg points out (at min 8) that he did not disclose the Pentagon Papers because the government was lying or because the Vietnam war wasn't winnable. Almost everyone knew these things at that time. He did it because the war was "wrong" and it was "getting bigger," at a time where Nixon knew that he might be drawing the Chinese into the war and he was considering the use of nuclear weapons.

At minute 12, Ed Snowden explains that he acted not because he was against spying (though he was against spying), but because the government was acting outside of the knowledge and control of the People. The government was reinterpreting the Constitution outside of the knowledge of the People (and outside of the knowledge of most members of Congress) in a "secret rubber-stamp court." The People were no longer "partner" with the government, but "subjects" of the government. Snowden continued, from Bush to Obama to Trump, "the government is becoming less accountable to the People, and the people are becoming more accountable to the government."

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Why We Need to Re-Teach the Importance of Free Speech to Each Generation

Jonathan Rauch, author of The Constitution of Knowledge, discussing free speech with Andrew Sullivan:

Books like mine, I hope, and work like yours [Sullivan's], will sound the alarm and show the way out, show that our arguments are strong, that pluralism is really the only path to a peaceful, productive and knowledgeable society. What the purists have to argue is only eternal warfare, in which arguments are not resolved. And the casualties are either physical human bodies, or ostracism, or ignorance, or chilling.

Even if we don't win that argument right now, I keep pointing out to people: Remember the notions of free speech and free thought and all the rigors of science? These things are profoundly counterintuitive. The idea that speech is blasphemous, heretical, wrongheaded, offensive--add your adjectives--that speech is like that? That ideas like that should not only be allowed, but affirmatively protected, is the strangest and weirdest, and probably the craziest social idea that was ever invented. And it's only rescued by the fact that it's also the most successful social idea that was ever invented by a country mile. I would argue that it put an end to the creed wars. It gave us knowledge. It gave us finally some peace. And the result of that counter-intuitiveness is that you and I and our children, metaphorically, and our grandchildren and their grandchildren, will have to get up every morning and defend these ideas from scratch against a new generation that, for whatever new reason, emotional safety-ism or critical race theory or something else, that they don't get it. And we just have to be cheerful about that because, historically speaking, we've done incredibly well for about two and a half centuries. This is a template in the history of the human species.

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