Free Speech under Siege - Robert Skidelsky - Project Syndicate - 0 views
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Breaking the cultural code damages a person’s reputation, and perhaps one’s career. Britain’s Home Secretary Kenneth Clarke recently had to apologize for saying that some rapes were less serious than others, implying the need for legal discrimination. The parade of gaffes and subsequent groveling apologies has become a regular feature of public life. In his classic essay On Liberty, John Stuart Mill defended free speech on the ground that free inquiry was necessary to advance knowledge. Restrictions on certain areas of historical inquiry are based on the opposite premise: the truth is known, and it is impious to question it. This is absurd; every historian knows that there is no such thing as final historical truth.
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It is not the task of history to defend public order or morals, but to establish what happened. Legally protected history ensures that historians will play safe. To be sure, living by Mill’s principle often requires protecting the rights of unsavory characters. David Irving writes mendacious history, but his prosecution and imprisonment in Austria for “Holocaust denial” would have horrified Mill.
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the pressure for “political correctness” rests on the argument that the truth is unknowable. Statements about the human condition are essentially matters of opinion. Because a statement of opinion by some individuals is almost certain to offend others, and since such statements make no contribution to the discovery of truth, their degree of offensiveness becomes the sole criterion for judging their admissibility. Hence the taboo on certain words, phrases, and arguments that imply that certain individuals, groups, or practices are superior or inferior, normal or abnormal; hence the search for ever more neutral ways to label social phenomena, thereby draining language of its vigor and interest.
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Yet freedom of speech in the West is under strain. Traditionally, British law imposed two main limitations on the "right to free speech." The first prohibited the use of words or expressions likely to disrupt public order; the second was the law against libel. There are good grounds for both - to preserve the peace, and to protect individuals' reputations from lies. Most free societies accept such limits as reasonable. But the law has recently become more restrictive. "Incitement to religious and racial hatred" and "incitement to hatred on the basis of sexual orientation" are now illegal in most European countries, independent of any threat to public order. The law has shifted from proscribing language likely to cause violence to prohibiting language intended to give offense. A blatant example of this is the law against Holocaust denial. To deny or minimize the Holocaust is a crime in 15 European countries and Israel. It may be argued that the Holocaust was a crime so uniquely abhorrent as to qualify as a special case. But special cases have a habit of multiplying.