SCOTUS: The Function of Free Speech is to Invite Dispute and Stir People to Anger

The next time someone tells you that you need to be silenced because your speech is offending them, mention this quote from the U.S. Supreme Court opinion of Terminiello v. Chicago (1949), reversing a disturbing-the-peace conviction of a hate-monger. Justice Douglas wrote the opinion, which included these gems:

The vitality of civil and political institutions in our society depends on free discussion. As Chief Justice Hughes wrote in De Jonge v. Oregon, 299 U.S. 353, 365, 260, it is only through free debate and free exchange of ideas that government remains responsive to the will of the people and peaceful change is effected. The right to speak freely and to promote diversity of ideas and programs is therefore one of the chief distinctions that sets us apart from totalitarian regimes.

Accordingly a function of free speech under our system of government is to invite dispute. It may indeed best serve its high purpose when it induces a condition of unrest, creates dissatisfaction with conditions as they are, or even stirs people to anger. Speech is often provocative and challenging. It may strike at prejudices and preconceptions and have profound unsettling effects as it presses for acceptance of an idea. That is why freedom of speech, though not absolute, Chaplinsky v. New Hampshire, supra, 315 U.S. at pages 571-572, 62 S.Ct. at page 769, is nevertheless protected against censorship or punishment, unless shown likely to produce a clear and present danger of a serious substantive evil that rises far above public inconvenience, annoyance, or unrest. See Bridges v. California, 314 U.S. 252, 262, 193, 159 A.L.R. 1346; Craig v. Harney, 331 U.S. 367, 373, 1253. There is no room under our Constitution for a more restrictive view. For the alternative would lead to standardization of ideas either by legislatures, courts, or dominant political or community groups.

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Looking for Science at Scientific American

Modern-day wisdom from the latest issue of Scientific American:

The Jedi are inappropriate mascots for social justice. Although they’re ostensibly heroes within the Star Wars universe, the Jedi are inappropriate symbols for justice work. They are a religious order of intergalactic police-monks, prone to (white) saviorism and toxically masculine approaches to conflict resolution (violent duels with phallic lightsabers, gaslighting by means of “Jedi mind tricks,” etc.). The Jedi are also an exclusionary cult, membership to which is partly predicated on the possession of heightened psychic and physical abilities (or “Force-sensitivity”). Strikingly, Force-wielding talents are narratively explained in Star Wars not merely in spiritual terms but also in ableist and eugenic ones . . .

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Daryl Davis Takes Center Stage at FAIR: Foundation Against Intolerance & Racism.

Musician Daryl Davis has long been a hero to me. He single-handedly dismantled much of the KKK using love, patience and kindness. He is back in the limelight as one of the spokespersons for FAIR: Foundation Against Intolerance & Racism. His message is spot-on. To end hatred, we must be pro-human.

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17 Studies: Trigger Warnings Don’t Work

According to this article in the Chronicles of Higher Education, trigger warnings do not work:

Trigger warnings do not alleviate emotional distress. They do not significantly reduce negative affect or minimize intrusive thoughts, two hallmarks of PTSD. Notably, these findings hold for individuals with and without a history of trauma. (For a review of the relevant research, see the 2020 Clinical Psychological Science article “Helping or Harming? The Effect of Trigger Warnings on Individuals With Trauma Histories” by Payton J. Jones, Benjamin W. Bellet, and Richard J. McNally.)

We are not aware of a single experimental study that has found significant benefits of using trigger warnings. Looking specifically at trauma survivors, including those with a diagnosis of PTSD, the Jones et al. study found that trigger warnings “were not helpful even when they warned about content that closely matched survivors’ traumas.”

What’s more, they found that trigger warnings actually increased the anxiety of individuals with the most severe PTSD, prompting them to “view trauma as more central to their life narrative.” “Trigger warnings,” they concluded, “may be most harmful to the very individuals they were designed to protect.”

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