Our Nation Cannot Censor Its Way Back to Cultural Health - 0 views
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free speech freedom cancel culture censorship education tyranny culture politics
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The Supreme Court could not be more clear about the special importance of the First Amendment in the university setting. Cohn quotes these famous words from Sweezy v. New Hampshire:
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The essentiality of freedom in the community of American universities is almost self-evident. No one should underestimate the vital role in a democracy that is played by those who guide and train our youth. To impose any strait jacket upon the intellectual leaders in our colleges and universities would imperil the future of our Nation. No field of education is so thoroughly comprehended by man that new discoveries cannot yet be made. Particularly is that true in the social sciences, where few, if any, principles are accepted as absolutes. Scholarship cannot flourish in an atmosphere of suspicion and distrust. Teachers and students must always remain free to inquire, to study and to evaluate, to gain new maturity and understanding; otherwise, our civilization will stagnate and die.
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Yet even when a state agency can regulate the expression of ideas, should it? After all, most cancel culture incidents don’t implicate the First Amendment either. Employers can fire you for your speech. Social media can block any of us from access to their platforms. But in law as in culture, the question of “can” is separate from the question of “should.”
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For example, a school board can remove the book Maus from its eighth-grade curriculum (because of profanity and mouse nudity), but should it? A school board can remove To Kill a Mockingbird (for alleged racial insensitivity) from a required reading list, but should it?
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In Board of Education v. Pico, a 1982 Supreme Court case that cast doubt on the ability of public schools to ban library books on the basis of their ideas alone, the court’s plurality described a purpose of public education as preparing “individuals for participation as citizens," and as vehicles for "inculcating fundamental values necessary to the maintenance of a democratic political system.”
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I mounted a Christian defense of American classical liberalism, and I made the case that–while no system of government is perfect–American classical liberalism does possess two cardinal virtues. Its protections of liberty recognize both the dignity and the imperfection of man.
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Our nation is a diverse pluralistic constitutional republic, and as James Madison noted in Federalist No. 10, we cannot respond to the inevitable rise of competing factions by suppressing liberty, tempting as that always is. Madison was shrewd and realistic enough to recognize that liberty empowers factions. As he put it, “Liberty is to faction what air is to fire, an aliment without which it instantly expires.”
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At the same time, however, “it could not be less folly to abolish liberty, which is essential to political life, because it nourishes faction, than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency.”
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Systematically suppressing ideas in public education does not help our students learn liberty, nor does it prepare them for pluralism. It teaches them to seek protection from ideas and that the method for engaging with difference is through domination.
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And few liberties encompass both that dignity and imperfection more than the right to speak. The violation of that right–the deprivation of that dignity–can inflict a profound moral injury on a citizen and it can help perpetuate profound injustices in society and government. As Douglass noted, free speech is the “dread of tyrants.”
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Moreover, as John Stuart Mill’s argument for free speech demonstrates, free speech rests on a foundation of humility.
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You are partially correct, in which case you need free speech and contrary viewpoints to help you get a more precise understanding of what the truth really is.
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You are 100% correct, in which unlikely event you still need people to argue with you, to try to contradict you, and to try to prove you wrong. Why? Because if you never have to defend your points of view, there is a very good chance you don’t really understand them, and that you hold them the same way you would hold a prejudice or superstition. It’s only through arguing with contrary viewpoints that you come to understand why what you believe is true.
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In short, I value free speech, not so much because I’m right and you need to hear from me, but rather because I’m very often wrong and need to hear from you. Free speech rests upon a foundation of human fallibility.
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As American animosity rises, we simply cannot censor our way to social peace or unity. We can, however, violate the social compact, disrupt the founding logic of our republic, and deprive American students and American citizens of the exchange of ideas and of the liberty that has indeed caused, as Douglass prophesied, “thrones, dominions, principalities, and powers, founded in injustice and wrong” to tremble in the face of righteous challenge.