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The Free-Speech Defense and a Defense of Free Speech

Image of two human stick-figures arguing

Of the things about which people across the political spectrum deeply care, morally and politically, freedom of speech is very highly valued – even if there are disagreements about exactly what it licenses you to say and what, if any, caveats should be placed upon it. In recent years free speech has emerged as a hot topic for conservatives – often taking the form of pushback against ‘political correctness.’ The view that ‘liberal’ or ‘left-wing elites’ are trying to silence those who do not gel with a progressive social agenda is a particular flashpoint. 

Yet, in these quarters, one detects a pattern which suggests that the principle itself is not quite what is at stake: those calling for freedom of speech or decrying its endangerment are often simply defending a desire (viewed by them as a right) to say certain things against others for whom those things are offensive or harmful (for examples see my “Separating the Freedom of Religion from the Right to Discriminate” or Kenneth Boyd’s “Online Discourse and the Demand for Civility” also on this site). In many such scenarios there is a legitimate question over whether certain brands of archconservative really are staunch supporters of the principle of free speech ‘all the way down,’ or whether there is a tendency to use the concept as a way of crying foul when someone calls out the noxious content of their views.       

Something like this seems to be the case in a political stoush that has erupted in Australia over the inaugural Australian Conservative Political Action Conference, or CPAC to be held in Sydney this week. The conference is backed by the powerful American Conservative Union (ACU), and speakers include Brexit campaigner Nigel Farage, former Australian prime minister, climate change denier and staunch opponent of marriage equality Tony Abbott, Fox News host Jeanine Pirro, Raheem Kassam, editor-in-chief of Breitbart and an especially noxious misogynistic loudmouth, One Nation politician Mark Latham

The caliber of speakers and the conference agenda has many people worried about the echo-chamber of right-wing ideology, as well as the growing influence of American-style firebrand conservatism on Australia. The ACU’s executive director Dan Schneider and ACU chairman Matt Schlapp have joined forces with the Australian right-wing think-tank the Institute of Public Affairs (IPA) and the conservative campaign group Advance Australia – two of the event’s major sponsors.

High-profile opposition Labor senator Kristina Keneally criticized the conference, labeling it as a “talkfest of hate,” and called on the government to deny a visa to Raheem Kassam, citing Kassam’s suggestion that Scottish first minister Nicola Sturgeon’s mouth and legs should be taped shut “so she can’t reproduce.”

Prime Minister Scott Morrison defended several of his government’s MP’s speaking at the event on the grounds of “the principles of freedom of thought, speech, expression and association.” Daniel Wild, the IPA’s director of research and a speaker at the event, called Keneally’s criticisms “yet another example of how Labor wants to stifle free speech, open discussion and dialogue in Australia. This is a threat to democracy.” Donald Trump Jr. weighed in tweeting: “one of the major political parties in Australia is trying to silence Raheen Kassam because of his conservative views. The insanity needs to stop!”

Free speech is, according to all these defenses, under attack. Luckily, the conference agenda will have this important topic covered. The conference organizer Andrew Cooper said that “It will include a lot of discussion on free speech, and what I would call the authoritarian left’s opposition to it.” 

Freedom of speech is a core tenet of old school political liberalism. The best-known formulation of the argument for freedom of speech is still to be found in John Stuart Mill’s book On Liberty, published in 1859. Mill may be regarded as the father of political liberalism and the book is still one of its central texts. 

A central concern for Mill was the limitation of the coercive power of the state on the freedom of the individual. Mill’s argument for the freedom of thought and discussion is given in chapter 2 of On Liberty, and in it he aims to show that there should be no attempt “to control the expression of opinion.” He argues that truth or falsity of an opinion cannot be a deciding factor in whether that opinion is disseminated, because such a judgment cannot always be made in advance – and if such a judgment cannot always be made with certainty, then it should never be made at all – just in case the judgment turns out to be wrong. In other words, it is better to let some falsehoods roam free than to imprison a truth. 

Mill also thinks that exposure to all views, however erroneous or harebrained, will actually help people’s capacity to discern between truth and falsehood: whether an opinion is true or false, its being aired will, in either case, be useful for discovering and maintaining the truth — and as such should be welcome. To assume that because one thinks a view is false it should be suppressed, Mill argues, is to assume infallibility of one’s beliefs. Yet, he thinks, all of our beliefs must remain open to revision in possible light of further observation. As such, discussion must remain free – even on issues that we think are established with certainty. Mill argues that people are rarely in the position to see the “whole truth” for themselves, and the only way for it to emerge is by “the reconciling and combining of opposites.”

The point, for Mill, is that a liberal democratic society cannot afford to compromise on the principle of absolute freedom of speech because every which way lies the possible suppression of truth, inflated assumptions about one’s own possession of it, and the possibility of the fallibility of one’s views. 

But also, fundamental to Mill’s view is that the truth, or the ‘right’ opinions will ultimately win out; and that prevails upon a particular view of the public’s engagement with political life, commitment to rational and critical thinking, and capacity to detect and then ostracize false opinions. 

Mill’s liberalism puts a lot of faith in individuals as the best judges of whether a viewpoint is truthful and whether it deserves attention and assent. That Mill puts such faith in individuals is one of his philosophy’s merits, and also one of its pitfalls. It is arguable that recent political events in Australia, the USA, and Britain (not to mention many other countries) suggest this expectation may be too optimistic. It is also possible to point to other reasons for such developments which Mill may not have accounted for, such as dangerous forms of populism and demagoguery. 

Nevertheless, support for Mill’s argument for freedom of speech remains solid, and one of its consequences, or costs, is certainly the airing of opinions and views we may not agree with or may not like. Australian Prime Minister Scott Morrison makes a defense of the CPAC conference almost worthy of Mill in arguing that the way to defeat “unacceptable views is through debate.” 

Two further points are worth noting, as some evocations of freedom of speech as a defense for the airing of certain views don’t quite fit the picture of free speech Mill envisaged. 

First, Mill argues that offensive, incendiary or harmful opinions are not likely to fulfill the role of helping to bring truth to light, and thus do not deserve an equal hearing and do not constitute the kind of ‘debate’ that Morrison apparently wants to defend. 

The second point is that defending the principle of free speech is one thing, and it is generally a good thing, but it does not justify the content expressed. To defend offensive views through reference to the principle of free speech is disingenuous. A leader does not have to hide behind freedom of speech – but is perfectly free to defend the right while also disavowing the message.

Banned Books: Why the Restricted Section Is Where Learning Happens

photograph of caution tape around library book shelves

The books included on high school reading lists have not been discussed nearly as widely as the books not included on those very lists. For years teachers and parents have debated which texts students should be able to read, and what parameters should be utilized to determine whether a text is appropriate for a certain age group. However, this debate has moved far beyond whether books are appropriate and has begun to explore how this form of censorship affects students. An article published in The New York Times discusses the banned books of 2016 and how their banned status reveals important facets of the current American psyche. In fact, the author states that the most prominent themes associated with the banned books of 2016 related to gender, LGBTQIA+ issues, and religious diversity, all of which were themes heavily discussed during the election year.

James LaRue, the director of the Office for International Freedom, illustrates his experience receiving reports from concerned parents who worry about the appropriateness of certain texts in their children’s school libraries. However, LaRue does not agree with this method of parenting and states, “They are completely attached to the skull of the child and it goes all the way up through high school, just trying to preserve enough innocence, even though one year later they will be old enough to marry or serve in the military.” This point is echoed by author Mario Tamaki who expresses that deeming books as inappropriate marginalizes groups of individuals and can adversely hurt students who relate to their characters. He states, “We worry about what it means to define certain content, such as LGBTQ content, as being inappropriate for young readers, which implicitly defines readers who do relate to this content, who share these experiences, as not normal, when really they are part of the diversity of young people’s lives.”

Both of these individuals relay their concern for the influence of banning books on young readers and this point is reiterated by Common Sense Media a non-profit organization which seeks to provide education to families concerning the promotion of safe media for children. Despite their specialization in appropriate media for children they encourage parents with the article, “Why Your Kid Should Read Banned Books,” which outlines how the most highly regarded pieces of literature were at some point banned in mainstream society. However, their banned status says nothing of the important messages held between those pages. They make the statement, “At Common Sense Media, we think reading banned books offers families a chance to celebrate reading and promote open access to ideas, both which are key to raising a lifelong reader.” This organization’s support for encouraging  a conversation regarding censorship and the importance of standing up for principles of freedom and choice is a critical facet of this continued debate.

On the other side of this debate are concerns of not only violence, language, and substance abuse, but questions about how explicit stories of suicide and self harm may influence young readers who are depressed or suicidal themselves. This concern was heightened due to literature such as the popular young adult book Thirteen Reasons Why, which revolves around a teenage girl’s suicide. Author Jay Asher has been outspoken regarding why censorship of his book specifically is harmful to teenagers. In an interview he describes knowing that his book would be controversial: “I knew it was going to be pulled from libraries and contested at schools. But the thing about my book is that a lot of people stumble upon it, but when it’s not on shelves, people can’t do that. Libraries, to me, are safe spaces, and if young readers can’t explore the themes in my book there, where can they?” Asher acknowledges that it is nearly impossible to create a book which will be appropriate for all readers. He outlines his experience talking to a student who was overwhelmed by the contents of the story. The student decided to refrain from finishing the remainder of the book until she felt completely comfortable, effectively self-censoring.

These attitudes towards censorship reveal troubling social implications when considering which books are chosen for exemption from libraries, as an article published in The Atlantic describes. There is a clear separation themes of violence and fantasy in comparison to the highly-censored themes referencing race or sexuality, which reveals a larger issue of the struggles of minority authors getting children’s books published. According to The Atlantic, “this means the industry serves those who benefit from the status quo, which is why most scholars see children’s literature as a conservative force in American society.” The author reinforces the ideas discussed by adults concerned about the limited access to a broad range of ideas in children’s literature, and concludes by stating,“This shared sensibility is grounded in respect for young readers, which doesn’t mean providing them with unfettered access to everything on the library shelves. Instead it means that librarians, teachers, and parents curate children’s choices with the goals of inspiring rather than obscuring new ideas.”

The Dangers and Ethics of Social Media Censorship

"Alex Jones" by Sean P. Anderson licensed under CC BY 2.0 (via Flickr).

Alex Jones was removed from Youtube and other major social networks for repeatedly violating the site’s community guidelines. Among other things, Youtube’s community guidelines prohibit nudity or sexual content, harmful or dangerous content, violent or graphic content, and most relevant to this situation, hateful content and harassment. While the site describes its products as “platforms for free expression,” it also states in the same policy section that it does not permit hate speech. How both can be true simultaneously is not entirely clear to me.

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Is Google Obligated to Stay out of China?

Photograph of office building display of Google China

Recently, news broke that Google was once again considering developing a version of its search engine for China. Google has not offered an official version of its website in China since 2010, when it withdrew its services due to concerns about censorship: the Chinese government has placed significant constraints on what its citizens can access online, typically involving information about global and local politics, as well as information that generally does not paint the Chinese government in a positive light. Often referred to as “The Great Firewall of China”, one notorious example of Chinese censorship involves searches for “Tiananmen Square”: if you are outside of China, chances are your searches will prominently include in its results information concerning the 1989 student-led protest and subsequent massacre of civilians by Chinese troops, along with the famous picture of a man standing down a column of tanks; within China, however, search results return information about Tiananmen Square predominantly as a tourist destination, but nothing about the protests.

While the Chinese government has not lifted any of their online restrictions since 2010, Google nevertheless is reportedly considering re-entering the market. The motivation for doing so is obvious: it is an enormous market, and would be extremely profitable for the company to have a presence in China. However, as many have pointed out, doing so would seem to be in violation of Google’s own mantra: “Don’t be evil!” So we should ask: would it be evil for Google to develop a search engine for China that abided by the requirements for censorship dictated by the Chinese government?

One immediate worry is with the existence of the censorship itself. There is no doubt about the fact that the Chinese government is actively restricting its citizens from accessing important information about the world. This kind of censorship is often considered to be a violation of free speech: not only are Chinese citizens restricted from sharing certain kinds of information, they are prevented from acquiring information that would allow them to engage in conversations with others about political and other important matters. That people should not be censored in this way is encapsulated in the UN’s Universal Declaration of Human rights:

Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

The right to freedom of expression is what philosophers will sometimes refer to as a “negative right”: it’s a right to not be restricted from doing something that you might otherwise be able to do. So while we shouldn’t say that Google is required to provide its users with all possible information out there, we should say that Google should not actively prevent people from acquiring information that they should otherwise have access to. While the UN’s declaration does not have any official legal status, at the very least it is a good guideline for evaluating whether a government is treating its citizens in the right way.

It seems that we should hold the Chinese government responsible for restricting the rights of its citizens. But if Google were to create a version of their site that adhered to the censorship guidelines, should Google itself be held responsible, as well? We might think that they should not: after all, they didn’t create the rules, they are merely following them. What’s more, the censorship would occur with or without Google’s presence, so it does not seem as though they would be violating any more rights by entering the market.

But this doesn’t seem like a good enough excuse. Google would be, at the very least, complicit: they are fully aware of the censorship laws, how they harm citizens, and would be choosing to actively profit as a result of following those rules. Furthermore, it is not as if Google is forced to abide by these rules: they are not, say, a local business that has no other choice but to follow the rules in order to survive. Instead, it would be their choice to return to a market that they once left because of moral concerns. The fact that they would merely be following the rules again this time around does not seem to absolve them of any responsibility.

Perhaps Google could justify its re-entry into China in the following way: the dominant search engine in China is Baidu, which has a whopping 75% of the market share. Google, then, would be able to provide Chinese citizens with an alternative. However, unless Google is actually willing to flout censorship laws, offering an alternative hardly seems to justify their presence in the Chinese market: if Google offers the same travel tips about Tiananmen Square as Baidu does but none of its more important history, then having one more search engine is no improvement.

Finally, perhaps we should think that Google, in fact, really ought to enter the Chinese market, because doing so would fulfil a different set of obligations Google has, namely towards its shareholders and those otherwise invested in the business. Google is a business, after all, and as such should take measures to be as profitable as it reasonably can for those who have a stake in its success. Re-entering the Chinese market would almost certainly be a very profitable endeavour, so we might think that, at least when it comes to those invested in the business, that Google has an obligation to do so. One way to think about Google’s position, then, is that it is forced to make a moral compromise: it has to make a moral sacrifice – in this case, knowingly engaging in censorship practices – in order to fulfil other obligations that it has – those it has towards its shareholders.

Google may very well be faced with a conflict of obligations of this kind, but that does not mean that they should compromise in a way that favors profits: there are, after all, lots of ways to make money, but that does not mean that doing anything and everything for a buck is a justifiable compromise. When weighing the interests of those invested in Google, a company that is by any reasonable definition thriving, against being complicit in aiding in the online censorship of a quarter of a billion people, the balance of moral consideration seems to point clearly in only one direction.

Donald Trump and Twitter: A Turbulent Relationship, Here to Stay

An image of Donald Trump making a speech.

Many people across the United States have joked about Donald Trump’s Twitter. He is often brunt and open about his opinions regarding everything from foreign policy to his own political agenda. To the average American, Twitter is a place to get one’s thoughts out there and state opinions. However, Trump is not the average American. He is the President of the United States. Trump’s Twitter has become an immature platform for him to say essentially whatever he wants. Some of his tweets are harmless and ego-inflating. Yet, other tweets present danger to the United States as a whole.

 

On January 2, Donald Trump tweeted, “North Korean Leader Kim Jong Un just stated that the “Nuclear Button is on his desk at all times.” Will someone from his depleted and food starved regime please inform him that I too have a Nuclear Button, but it is a much bigger & more powerful one than his, and my Button works!” Despite the playful nature of the tweet, Donald Trump made a threat to use nuclear weapons on North Korea. At this time, North Korea has significantly developed its nuclear program and could eventually have the capability to send nuclear warheads as far as the continental US. Trump’s tweet seems to further destabilize an already unstable relationship.

 

Lawmakers, diplomats, and security experts alike have offered mixed opinions on the tweet and what it implies.Some have expressed their alarm and scorn at the immaturity and the danger of the president’s current approach to foreign policy with North Korea. That approach is characterized mainly by his tweets directed towards Kim Jong Un. In August  2017, a similar threat was made towards North Korea when Trump threatened to rain “fire and fury” down upon the country if it were to put the United States in any sort of danger. Eliot A. Cohen, former counselor to Secretary of State Condoleezza Rice under President George W. Bush, said that he found the January tweet immature and dangerous for someone in such a position of power. He tweeted, “Spoken like a petulant ten-year-old. But one with nuclear weapons- for real- at his disposal. How responsible people around him, or supporting him, can dismiss this or laugh it off is beyond me.

Yet, Trump’s supporters and even some high level diplomats view the tweet positively as a message of strength. Ban Ki-moon, the former UN Secretary General called the tweets “a message from the international community.” In some ways, the tweet could be seen as a more aggressive tactic for relations with North Korea, as many presidents have seemed to take a passive role in response to the dictatorship.

Amidst the controversy surrounding Trump’s North Korea tweet (and many others), some have called for Twitter to ban Donald Trump. However, Twitter responded to the requests and said that they did not believe that it was beneficial to international discussions to ban political leaders from Twitter. In a way, banning public figures from Twitter silences them. So, in spite of the danger that Trump imposes by tweeting, his tweets are here to stay.

Despite the controversial tweets that spew from Donald Trump’s account daily, banning him from Twitter would be equally controversial. Twitter is right when it says that banning him would be silencing him. Like it or not, he is a powerful public figure and the President of the United States, and his opinions cannot be silenced. However offensive and dangerous his remarks may be, banning Donald Trump from Twitter would probably have negative implications.

Social Media, Blasphemy, and Protecting People from Speech

The norms of communication on social media are evolving quickly. In the first death penalty case involving social media, a court in Pakistan has sentenced a man to death for blasphemy. Though Taimoor Raza still has appeals remaining that he can avail himself of, this verdict has come days after a college professor was refused bail on charges of blasphemy; the attitude of the state towards such online offenses seems clear.

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Facebook Live’s Violence Problem

On the evening of Easter Sunday, 74-year-old Pennsylvania resident Robert Godwin was enjoying a walk through his neighborhood after a holiday meal with his family when he was approached, at random, by self-described “monster” Steve Stephens.  Stephens, who was given the moniker “The Facebook Killer” by the media, blamed what was about to happen to Godwin on his broken relationship with his girlfriend, before shooting Godwin in the head, killing him instantly.  

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In Dana Schutz’s Open Casket, Interrogating the Aesthetics of Erasure

In the wake of numerous killings of black men and women by police, representation of black death in media and art has become a heated debate. The most recent turn in this discussion does not surround a recent killing, but a murder over six decades old. At the 2017 Whitney Biennial, a prominent art show in New York, artist Dana Schutz has faced sustained protest from artists and activists over Open Casket, a painting depicting the body of Emmett Till, a black teenager brutally murdered by two white men in 1955.

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Censorship on Social Media

It’s no secret that Republican presidential nominee Donald Trump has been known to write inflammatory posts on his social media platforms. Facebook employees have been questioning how to deal with these; some say that Trump’s posts calling for a ban on Muslim immigration “should be removed for violating the site’s rules on hate speech.” Facebook CEO Mark Zuckerberg definitively halted this talk when he said, “we can’t create a culture that says it cares about diversity and then excludes almost half the country because they back a political candidate.” A Wall Street Journal article uses this as a stepping stone to discuss whether or not presidential candidates should have more wiggle room when it comes to potentially damaging post than an average Joe. Regardless of who is posting, however, such incidents raise the question of, to what extent is it appropriate for social media platforms to censor posts at all?

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Censoring Richard Wagner

The Romantic Era of music brought us some of the most beloved minds in Western music we have ever known. Beethoven, Verdi, Puccini, Chopin – the list could go on and on. Following Beethoven’s brilliant instrumental music legacy, however, one German composer’s ingenuity stood out above the rest – Richard Wagner. While he was alive, Wagner was the single most popular composer in Germany. Even today, Wagner is one of the most celebrated composers in all of Western music history, and his operas are still performed worldwide. Unfortunately, however, his legacy has been tarnished by his radical anti-Semitic beliefs which were translated into many of his operas. Questions about the ethicality of performing his art in a modern setting have long been debated by the classical music community.

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Fighting Obscenity with Automation

When it comes to policing offensive content online, Facebook’s moderators often have their work cut out for them. With billions of users, filtering out offensive content ranging from pornographic images to videos promoting graphic violence and extremism is a never-ending task. And, for the most part, this job largely falls on teams of staffers who spend most of their days sifting through offensive content manually. The decisions of these staffers – which posts get deleted, which posts stay up – would be controversial in any case. Yet the politically charged context of content moderation in the digital age has left some users feeling censored over Facebook’s policies, sparking a debate on automated alternatives.

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Mein Kampf and German Censorship

Part of Post-World War II policy in Germany was to ban Nazi propaganda and symbols from being displayed. This includes propaganda from the Nazi regime that we commonly see in museums or is shown in history classes. While I found German Holocaust and history museums to be largely well-done and factual despite the restrictions, containing acknowledgment of wrongdoing, one has to wonder whether the ban may actually go too far and be detrimental to education. History has a tendency to repeat itself, and the accepted way to prevent this repetition is to educate the next generations about the past. Germany’s policy is now confronted with that educational and moral dilemma over Nazi texts from an academic perspective.

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