Experience
should teach us to be most on our guard to protect liberty when the
government’s purposes are beneficent.
Men born to freedom are naturally alert to repel invasion of their
liberty by evil-minded rulers. The
greatest dangers to liberty lurk in insidious encroachment by men of zeal,
well-meaning but without understanding.
Louis B. Brandeis, 1928
When
the Anti-Federalists grudgingly accepted the U.S. Constitution in 1789, they
did so with the caveat that certain liberties be included in the document. These would be liberties that were not
susceptible to the whims of the government or other forces. One of those liberties was the freedom of
speech. I’ve written often about the
subject, both its importance and its limitation. It is a passion of mine and one that is
increasingly under attack. It is, at
present, our most endangered right.
In
1644, writer John Milton addressed the Parliament to oppose a bill that would
heavily restrict what the country’s authors could and could not write about. The speech, detailed in Milton’s Areopagitica, is considered one of the
finest defense of expression. It is a
damning account of the writer’s belief that any “standardization” placed on
writers could create consensus and intellectual laziness because faith and
knowledge will not have the opportunity to “exercise itself.” What Milton is talking about is that any
limit to expression, be it written or oral, is a two-way bondage. On one hand, it prevents from one the chance
to express themselves but, on the other hand, it prevents the majority the
chance to strengthen their own position by listening to others. Knowledge cannot be improved upon unless it
is challenged and forced to defend itself.
The
Founding Fathers understood the importance of the freedom of speech, given its
prominence within the First Amendment of the U.S. Constitution. Economist and philosopher Rosa Luxemburg referred
to such a freedom as the right of the dissenters. Freedom of speech only for the loudest or the
most powerful is no freedom at all but a tyranny. People who exist in such bubbles are at risk,
as Christopher Hitchens once said, of taking “refuge in the false security of
consensus.” Individuals who only listen
to like minds, who only watch like presentation of news or information, who
refuse to hear or attempt to shout down any contrary point of view are
ultimately dooming themselves.
Such
people are being witnessed throughout our country, on campuses from Yale to the
University of Missouri to many others.
The situation at Yale University has been most publicized because of a
viral video showing one out of control student yelling and cursing at a
university administrator who had sent an email to consider others before
deciding on a Halloween costume. To some
students, it was not enough to “encourage” others but to demand that no one
wear a costume that could potentially offend someone or violate someone’s “safe
space.”
When
you hear stories about this, it is enough to shake one’s head. What many of these students are going on
about when talking about “safe spaces” and the like is a demand to go through
life un-offended. In their young lives,
they have either never been told or have chosen to forget completely the lesson
about other ideas or words, particularly if they don’t like them. What is offense taken? In my twenty years as a teacher, as a former
Marine, as a Jew, as a guy of size, I’ve heard many things in my life that
would be deemed offensive. However, I
learned quite early that it does not matter what is said. Unless it is true, what do I care? It is not surprising that many have
characterized these “crybullies” (not my word) as entitled and spoiled.
A
person should have the right to wear whatever they want as a costume or in an
arena of ideas, be able to say what they would like. Does such a right protect one from criticism
or counter-ideas? Unequivocally, the
answer is no. However, to stage protests
that prevent the free expression of ideas is a dangerous trend. Such rights have emboldened oppressed people
for centuries in this country. As many
of these protesters are people of various races, it is even more perplexing
because a commitment to freedom of expression has allowed one civil rights’
movement after another to be born, prosper and ultimately, succeed in this
country.
I
have strong opinions about freedom of speech.
There are limits however, outside of those very few exceptions, the right to express
oneself in either offensive or banal terms is unassailable. The Constitution says that the government was
created to “secure the Blessings of Liberty.”
Secure, not bestow or create but secure.
That means the rights pre-date the government. These are rights with which we are born and
cannot be taken from us by government.
Let’s hope mob rule does not do the job.