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Consider for a moment a story:

A state university professor angrily demands that police forcibly remove a student journalist at a protest, and then assaults the journalist when the police don’t act.

State lawmakers from one party rush in to demand that the professor be fired for their conduct. The other party is politely quiet on the matter.

Which party is rushing in, and which is standing aside?

In this case, it’s the University of Missouri, the professor is Melissa Click, and the intervening lawmakers are Republicans. The student journalist was documenting a protest. When I tell you that the protesters being documented were predominantly black, perhaps your brain paints a story that’s very clear about the likely political leanings of each party involved.

Another state legislature wants to use the law to limit what materials schools, particularly universities, can show to students, because the material could be “offensive” or “harmful.” Professors or other officials would become legally liable for bringing such harmful materials into the school and exposing students to them. 

The bill is designed to protect students and create a safe space. The legislators? Also Republicans. The material being banned in this case? Anything particularly sexual, if minors are being exposed to it. 

In both cases, you may not be surprised that the typical left- and right-wing news outlets tout the value of free speech in one case, and not the other. 

Free speech is a value that Americans hold dearly, allowing Westboro Baptist Church and KKK rallies, or even extremist political parties. This is something that’s not true in many other countries, and Americans are twice as likely as those in other OECD countries to support the legal protection of “offensive” speech about minorities (though Millennials far less so than other generations). But Americans are also feeling a bit conflicted on speech when it comes to hate and harm, seeming to hold simultaneously both that those who engage in hate speech are more dangerous than those who silence it, and also that campuses need to focus on fostering diverse points of view. Most Americans believe there are places where the government should step in, like banning the sale of recordings that favor drug use or broadcasting of sexually explicit lyrics. 

Something to consider: while each party will take the opportunity to support free speech on some pet issues and oppose it on others: do Americans as a whole have philosophically inconsistent or contradictory points of view on free speech, or is there a way so synthesize these perspectives into an internally consistent model?

Let us know your thoughts in comments!

43 Comments

  • Chris McAdam, February 16, 2016 @ 3:14 pm Reply

    Free Speech is the premiere freedom enumerated in the bill of rights. You have a right to advocate for, or against, pretty much anything. There is no right not to be offended; indeed those claiming offense as a reason for silencing someone are woefully ignorant on what constitutional freedoms are.

    You are free to argue with, correct the misinformation of, and mock incessantly those who advocate for positions inconsistent with your world view. What you are barred from doing is silencing them. No matter how wrong, no matter how offensive, no matter how ignorant.

    • Something to Consider, February 17, 2016 @ 2:57 am Reply

      I think my only challenge to this is that in some cases, particularly in universities, we’re not talking about laws–and the first amendment bars the government from creating laws prohibiting speech (and, to your point, we’re talking specifically about advocacy here, not like… libel). Generally I think the law says it’s okay for private institutions to have some speech restrictions for their own posterity, so I think in this case it’s the spirit of freedom of speech–rather than the text of the First Amendment–that applies. Thoughts?

      • Chris McAdam, February 19, 2016 @ 3:05 pm Reply

        One could view public colleges (and these are both public colleges) as extensions of the government, not private institutions. So I’m not sure I accept your interpretation.(You can counter with pointing out public high schools carry no such guarantees of rights, but I think that’s due to age and parental control, but I might well be wrong there)

        However, granting the hypothetical, I don’t see how anyone’s claims of being offended by the truth should ever outweigh the truth. Facts trump feelings. While perhaps one should temper the delivery of those facts to spare feelings, I don’t see how one could justify silencing the facts to protect someone from them.

        • Tim Martin, March 2, 2016 @ 9:52 pm Reply

          FYI, Chris- students’ rights in public primary and secondary schools are protected. As the ACLU once wrote on this subject, "Students do not abandon their rights to freedom of speech at the classroom door."
          Though it is a shame that school administrators often act like they do not know this.

          The seminal court case on free speech in schools was Tinker v. Des Moines Independent Community School District (1969). The Tinkers were Iowa public school students (siblings), who decided to wear black arm bands to school to protest the Vietnam war. Their respective schools banned the arm bands, and punished students who continued to wear them. The Court ruled that such a violation of free speech was unconstitutional, so long as the speech would not “materially and substantially interfere with the requirements of appropriate discipline in the operation of the school.” This became known as the “Tinker test”. There are a few other limitations on students’ speech, with regard to defamation, obscene speech, “true threats,” and harassment. Otherwise, speech is protected.

  • Kyle Goodsell, February 16, 2016 @ 10:01 pm Reply

    Chris McAdam, I could not have said it better.

  • Tim Martin, March 2, 2016 @ 10:11 pm Reply

    I’m having trouble parsing these two events along the lines of "pro-free speech" or "anti-free speech." In my mind, the first event is radically different from the second in that someone was assaulted. If anything, I would expect democrats to be more fastidious in protecting people from assault. But here it is Republicans who are taking up that cause. So the story that you’re telling with these two cases doesn’t gel for me.

    " each party will take the opportunity to support free speech on some pet issues and oppose it on others: "

    This could be because members of each party feel the need to reinforce their separate tribal affiliations. It’s possible that each party objects to free speech only on certain issues because it has become a matter of identity within that party to do so, not because of any principled reason. (E.g. Republicans supporting sexual chastity because that is what Republicans do.)

    It’s also possible that "free speech" doesn’t map onto one single moral concern. If you look at Jonathan Haidt’s moral foundations theory, Republicans/Democrats differ in their concern for the moral categories known as "purity" and "fairness." Democrats seem to support racial equality out of concern for fairness. Republicans seem to support sexual chastity out of a concern for purity. Lumping both of these things together under "free speech" – while it might be Constitutionally accurate – might also ignore the underlying causal mechanisms in the human brain.

    "is there a way so synthesize these perspectives into an internally consistent model?"

    Maybe? Personally, my ultimate concern is whether laws tend to contribute to the freedom and happiness of the governed. The reason US case law provides for "free speech with exceptions" is because we’ve collectively decided that free speech is better than restricted speech, but there are exceptions. So for me, the question about protests and uncomfortable subjects taught in school can be answered by asking "what are the benefits and what are the harms?"

    • Something to Consider, March 3, 2016 @ 2:58 am Reply

      I really like this perspective. You should consider writing an article.

      As to the examples themselves… I was thinking that the assault didn’t so much play into it, mostly because the text of the outrage was about forcibly shutting down the reporter (who was doing a critique piece)–she probably wouldn’t have assaulted just any ol’ reporter. So I think that in this case it didn’t matter so much how it was shut down, but that it was.

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