In May 2021, I published a list of Answers to 12 Bad Anti-Free Speech Arguments with our friends over at Areo. The great Nadine Strossen former president of the ACLU from 1991 to 2008, and one of the foremost experts on freedom of speech alive today saw the series and offered to provide her own answers to some important misconceptions about freedom of speech. My answers, when applicable, appear below hers.
Earlier in the series:
Assertion: The arguments for freedom of speech are outdated.
Nadine Strossen: The arguments both for and against freedom of speech continue to involve the same eternal, fundamental issues of principle that have been debated throughout history: why free speech is important, and how to draw the appropriate line between protected and punishable speech. For one compelling account, see Jacob Mchangamas forthcoming book releasing later this month: Free Speech: A History from Socrates to Social Media. Ironically, one of the consistently recurring issues concerns the regularly repeated claim that changed societal circumstances in particular, new communications technologies have made established free speech principles obsolete.
To be sure, changing factual developments are pertinent in evaluating how free speech principles should be enforced in particular circumstances. Whether certain speech directly threatens imminent, serious harm that cant be averted without restricting the speech hence justifying the restriction under modern free speech principles depends on the factual details surrounding the speech. For example, new technology may facilitate deepfakes that could be restricted as defamation or fraud, whereas such restrictions might not be warranted for less sophisticated false communications, because deepfakes are more likely to mislead reasonable viewers.
The recent surge in social justice activism has depended on robust free speech.
In contrast with the changing factual circumstances to which free speech principles and rationales are applied, what is the basis for claiming that these underlying principles or rationales themselves should be changed? Experience around the world and throughout history demonstrates that when a government has been granted more discretion to restrict speech than under the current speech-protective principles, it predictably wields that discretion disproportionately to the disadvantage of minority views and voices. Far from being outdated, the current principles are more important now than ever, so that traditionally marginalized people and perspectives are vigorously protected. The recent surge in social justice activism along with all other movements for greater equality and inclusivity throughout history has depended on robust free speech, and would be impeded by rollbacks of such freedom based on the claim that they are somehow outdated.
Just as modern speech-protective principles stand the test of time, the same is true of the classic rationales for free speech, which recognize its crucial and enduring role in promoting the search for truth, democratic self-government, and individual autonomy. Surely these goals themselves are not outdated, nor is the reason for preferring free speech to censorship (beyond the limited circumstances permitted by contemporary speech-protective principles) as a vehicle for pursuing them: free speech will not necessarily secure such goals, but censorship will necessarily undermine them.
Those who criticize freedom of speech correctly note that it does not guarantee that truth will ultimately prevail in the proverbial marketplace of ideas. What such critics generally fail to note, however, is what censorship does guarantee about the search for truth: under a censorial regime, any truth that challenges government policies or officials is especially unlikely to prevail. Historically, governments have wielded censorship power precisely as one would expect: to suppress speakers who dissent from current orthodoxy and advocate reform from abolitionists through Black Lives Matter activists. This pattern, which constitutes an important reason to support freedom of speech, is no more outdated than any other pro-speech rationales. For example, all over the country, BLM protesters, as well as journalists who cover them and legal observers who seek to protect their rights, have been subject to unwarranted suppression. No wonder so many leading crusaders for racial justice and other human rights causes have celebrated free speech and decried censorship.
Under a censorial regime, any truth that challenges government policies or officials is especially unlikely to prevail.
Finally, it is difficult to imagine why freedom of speech might even arguably be outdated as a means to promote individual autonomy. Echoing esteemed philosophers, the Supreme Court repeatedly has recognized that free speech has intrinsic value as an essential prerequisite for individual self-actualization, in addition to its key instrumental roles in promoting truth and self-government. As the Supreme Court stated in a 2000 decision, The right to think is the beginning of freedom, and speech must be protected from the government because speech is the beginning of thought.
In sum, for all its shortcomings and risks, freedom of speech is far more effective than censorship in advancing truth, democracy, and individual autonomy not to mention all other human rights. It is the anti-free-speech arguments that are outdated. Those arguments are not only outdated today; they have been wrong every one of the many times they have been made throughout history, including in response to every new communications technology, dating back to the printing press.
Greg Lukianoff: John Stuart Mills central arguments in On Liberty remain undefeated, including one of his strongest arguments in favor of freedom of speech Mills trident of which I have never heard a persuasive refutation.
Mills trident holds that, for any given belief, there are three options:
Read more:
Is free speech outdated? Part 6 of answers to bad ...
- Bill Ackman says he's 'learned a lot' from Elon Musk's X - Quartz - April 22nd, 2024 [April 22nd, 2024]
- Opinion | Columbia, Free Speech and the Coddling of the American Right - The New York Times - April 22nd, 2024 [April 22nd, 2024]
- TikTok raises free speech concerns on bill passed by US House that may ban app - Voice of America - VOA News - April 22nd, 2024 [April 22nd, 2024]
- The Right Must Avoid the Left's Free Speech Pitfalls Minding The Campus - Minding The Campus - April 22nd, 2024 [April 22nd, 2024]
- Fear and loathing on America's college campuses as free speech is disappearing | Will Bunch - The Philadelphia Inquirer - April 22nd, 2024 [April 22nd, 2024]
- Harrison Ford Called 'Free Palestine' Supporters 'Force of Nature' in Speech? - Snopes.com - April 22nd, 2024 [April 22nd, 2024]
- Elon Musk to fund new First Amendment campaign to combat 'relentless attacks on free speech' - Fox News - April 22nd, 2024 [April 22nd, 2024]
- TikTok raises free speech concerns on bill passed by US House that may ban app - New York Post - April 22nd, 2024 [April 22nd, 2024]
- Navigating The Murky Waters Of Antisemitism, Free Speech, And Academic Freedom - Forbes - April 22nd, 2024 [April 22nd, 2024]
- The choice between safety and free speech is a false one - Daily Trojan Online - April 22nd, 2024 [April 22nd, 2024]
- AI chatbots refuse to produce 'controversial' output why that's a free speech problem - The Conversation - April 22nd, 2024 [April 22nd, 2024]
- UC Virtual Conference Centers Free Speech and Civil Rights Amid Ongoing Tensions on College Campuses - Diverse: Issues in Higher Education - April 22nd, 2024 [April 22nd, 2024]
- Free speech freeze-up | D.H. Robinson - The Critic - April 22nd, 2024 [April 22nd, 2024]
- Will Columbias law-school dean learn the law of free speech? - JNS.org - April 22nd, 2024 [April 22nd, 2024]
- OSU, OK State Regents for Higher Education complete first required free speech training - Daily O'Collegian - April 22nd, 2024 [April 22nd, 2024]
- TikTok uses free speech card to save itself from US ban, will it be enough? - Hindustan Times - April 22nd, 2024 [April 22nd, 2024]
- Settlement Reached in Free Speech Case at Temecula Valley Unified - ACLU of Southern California - April 22nd, 2024 [April 22nd, 2024]
- USC canceled its valedictorian speech: What the university got wrong. - Slate - April 22nd, 2024 [April 22nd, 2024]
- A free speech fiasco united the far-right here's why they remain divided - POLITICO Europe - April 22nd, 2024 [April 22nd, 2024]
- US TikTok Ban Bill Would 'Trample' On Free Speech Rights Of 170M Americans, Says Social Media Giant - Benzinga - April 22nd, 2024 [April 22nd, 2024]
- X marks the spot where free speech comes at a cost - Sydney Morning Herald - April 22nd, 2024 [April 22nd, 2024]
- Newly reinstated Texas Tech professor continues to advocate for free speech - KLBK | KAMC | EverythingLubbock.com - April 22nd, 2024 [April 22nd, 2024]
- Coin Center says Senate-presented stablecoin bill poses risks to innovation and free speech - crypto.news - April 22nd, 2024 [April 22nd, 2024]
- TikTok creators worry about free speech and income streams if ban succeeds: 'My livelihood is at stake' - CNBC - March 29th, 2024 [March 29th, 2024]
- As Texas students clash over Israel-Hamas war, Gov. Greg Abbott orders colleges to revise free speech policies - The Texas Tribune - March 29th, 2024 [March 29th, 2024]
- Opinion | The Debate Over Free Speech, Disinformation and Censorship - The New York Times - March 29th, 2024 [March 29th, 2024]
- VCU one of the top campuses in the country for free speech, advocacy group says - Axios - March 29th, 2024 [March 29th, 2024]
- Free Speech Is Under Attack in the U.S., but It's on the Ropes Elsewhere - Reason - March 29th, 2024 [March 29th, 2024]
- Free speech hangs in the balance in 3 Supreme Court cases - The Hill - March 29th, 2024 [March 29th, 2024]
- Free Speech Unmuted: Free Speech, Government Persuasion, and Government Coercion - Reason - March 29th, 2024 [March 29th, 2024]
- In crowded week for free speech, justices hear 3 First Amendment cases - Reporters Committee for Freedom of the Press - March 29th, 2024 [March 29th, 2024]
- Abbott Issues Guidance To Texas Colleges And Universities About Free Speech And Anti-Semitism - EastTexasRadio.com - March 29th, 2024 [March 29th, 2024]
- Gov. Abbott orders Texas universities to revise free speech policies to combat antisemitism - The UTD Mercury - March 29th, 2024 [March 29th, 2024]
- The Liberty Justice Center Urges the U.S. Supreme Court to Uphold Protections for Free Speech in Donor Disclosure ... - Liberty Justice Center - March 29th, 2024 [March 29th, 2024]
- GOP pushes anti-free speech bills to fight antisemitism - UnHerd - March 29th, 2024 [March 29th, 2024]
- PEN Union Cries Foul in Contract Talks as Criticism of PEN America Intensifies - Publishers Weekly - March 29th, 2024 [March 29th, 2024]
- CAIR-Texas Condemns Gov. Abbott's Anti-Palestinian Executive Order as Attack on Free Speech (Video) - - Council on American-Islamic Relations - March 29th, 2024 [March 29th, 2024]
- Dissent: When It Comes To Free Speech, the Editorial Board Is All Talk. | Opinion - Harvard Crimson - March 29th, 2024 [March 29th, 2024]
- Gov. Abbott calls for universities to update free speech policies, discipline violators to address antisemitism on campuses - The Daily Texan - March 29th, 2024 [March 29th, 2024]
- The Times Ed Board picks a confusing fight against the Emerald City Ride, free speech - Seattle Bike Blog - March 29th, 2024 [March 29th, 2024]
- Trump's Free Speech Defense on Trial in Georgia Election Interference Case - Hoodline - March 29th, 2024 [March 29th, 2024]
- Convicting Julian Assange Would Mean the End of Free Speech - The American Conservative - March 29th, 2024 [March 29th, 2024]
- Column: Banning TikTok is a blow to free speech - Redmond Spokesman - March 29th, 2024 [March 29th, 2024]
- Free Speech Is Under Such Threat In Canada It Would Make Orwell Blush - Forbes - March 29th, 2024 [March 29th, 2024]
- More on Coercion, Social Media, and Freedom of Speech: Rejoinder to Philip Hamburger - Reason - March 29th, 2024 [March 29th, 2024]
- OfS free speech guidance: time will tell if it builds understanding - The PIE News - March 29th, 2024 [March 29th, 2024]
- Kevin Rennie: Jaw-dropping attack on free speech and assembly in a CT town. It hurts us all. - Hartford Courant - March 2nd, 2024 [March 2nd, 2024]
- Chemerinsky: Navigating Free Speech on Campus, A First Amendment Perspective - The Collegian online - March 2nd, 2024 [March 2nd, 2024]
- Bentley Hosts Forum on Free Speech on College Campuses with Legal Expert Harvey Silverglate - Bentley University - March 2nd, 2024 [March 2nd, 2024]
- POLL: 69% of Americans believe country on wrong track on free speech - Foundation for Individual Rights in Education - March 2nd, 2024 [March 2nd, 2024]
- In Defense of Free Speech and the Mission of the University - Public Discourse - March 2nd, 2024 [March 2nd, 2024]
- Free Speech and Common Carriage: Unpacking the Supreme Court's Examination of the Texas and Florida Social ... - Public Knowledge - March 2nd, 2024 [March 2nd, 2024]
- So to Speak: The Free Speech Podcast | Free speech news: NetChoice, Taylor Swift, October 7, and Satan - Foundation for Individual Rights in Education - March 2nd, 2024 [March 2nd, 2024]
- Supreme Court to Decide How the First Amendment Applies to Social Media - The New York Times - March 2nd, 2024 [March 2nd, 2024]
- U.S. Supreme Court to weigh in on Texas social media law - The Texas Tribune - March 2nd, 2024 [March 2nd, 2024]
- Bill aimed at protecting free speech rights advancing in SC House - News From The States - March 2nd, 2024 [March 2nd, 2024]
- Champion of Free Speech and Journalism Margaret Talev Leads Institute for Democracy, Journalism and Citizenship ... - Syracuse University News - March 2nd, 2024 [March 2nd, 2024]
- Kinsey student says IU administrator infringed on free speech rights at demonstration - Indiana Daily Student - March 2nd, 2024 [March 2nd, 2024]
- CBS News boss who signed off on firing Catherine Herridge to get free speech award - New York Post - March 2nd, 2024 [March 2nd, 2024]
- U.S. Supreme Court to hear Texas and Florida cases about free speech and social media platforms - Texas Standard - March 2nd, 2024 [March 2nd, 2024]
- Should Honking Your Horn Be Considered Free Speech? - The Autopian - March 2nd, 2024 [March 2nd, 2024]
- Event: Free speech implications of the ICJ South Africa v. Israel case - ARTICLE 19 - Article 19 - March 2nd, 2024 [March 2nd, 2024]
- Takeaways From the Supreme Court Arguments on Social Media Laws - The New York Times - March 2nd, 2024 [March 2nd, 2024]
- Free Speech Unmuted: Book Bansor Are They? - Reason - March 2nd, 2024 [March 2nd, 2024]
- Florida anti-free speech bill targets 'liberal media' but guess who's really mad at it? - KeysNews.com - March 2nd, 2024 [March 2nd, 2024]
- Supreme Court arguments over social media laws and free speech are defining social media itself - Quartz - March 2nd, 2024 [March 2nd, 2024]
- Canadian measure would remove free speech protection for quoting Bible, sacred texts - Washington Times - March 2nd, 2024 [March 2nd, 2024]
- Suffield scraps plan to restrict the use of the town green following pushback from free speech advocates - FOX61 Hartford - March 2nd, 2024 [March 2nd, 2024]
- FIRST PERSON: Free speech fails for Zionists at UC Berkeley - The Jewish News of Northern California - March 2nd, 2024 [March 2nd, 2024]
- Menard Center and pre-law club host discussion regarding AI and Free Speech - UWEC Spectator - March 2nd, 2024 [March 2nd, 2024]
- Supreme Court arguments over future of social media and free speech - WFXRtv.com - March 2nd, 2024 [March 2nd, 2024]
- Judge skeptical of lawsuit brought by Elon Musk's X over hate speech research - NPR - March 2nd, 2024 [March 2nd, 2024]
- Israeli philosopher Yoram Hazony lectures on free speech, antisemitism while students hold vigil - Observer Online - March 2nd, 2024 [March 2nd, 2024]
- Big Tech fights Texas and Florida at SCOTUS, and Brett Kavanaugh might be the one saving the internet as we know it. - Slate - March 2nd, 2024 [March 2nd, 2024]
- Biden Is Trying to Balance Gaza Protests and Free Speech Rights as Demonstrators Disrupt His Events - U.S. News & World Report - January 29th, 2024 [January 29th, 2024]
- British Universities Are Repressing Free Speech on Palestine - Jacobin magazine - January 29th, 2024 [January 29th, 2024]
- The Future of Academic Freedom - The New Yorker - January 29th, 2024 [January 29th, 2024]
- "College Is All About Curiosity. And That Requires Free Speech." - Reason - January 29th, 2024 [January 29th, 2024]
- Palestine and the crisis of free speech on college campuses - The Real News Network - January 29th, 2024 [January 29th, 2024]
- College Is All About Curiosity. And That Requires Free Speech. - The New York Times - January 29th, 2024 [January 29th, 2024]