Free speech is held up as an inherent good, an invaluable bastion of the democracy, the freedoms of the Western developed world.
We are told that modern day “snowflakes” contest this self-evident truth and look to curb our everyday freedoms but in fact what is often contested is not the right to free speech, but rather the definition of free speech. What does it mean?
At one of the premieres of his landmark Holocaust documentary, “Shoah” (1985), the filmmaker Claude Lanzmann was challenged by a member of the audience, a woman who identified herself as a Holocaust survivor. Lanzmann listened politely as the woman recounted her harrowing personal account of the Holocaust to make the point that the film failed to fully represent the recollections of survivors. When she finished, Lanzmann waited a bit, and then said, “Madame, you are an experience, but not an argument.”
Lanzmann’s blunt reply favored reasoned analysis over personal memory. In light of his painstaking research into the Holocaust, his comment must have seemed insensitive but necessary at the time. Yet ironically, “Shoah” eventually helped usher in an era of testimony that elevated stories of trauma to a new level of importance, especially in cultural production and universities.
Widespread caricatures of students today as overly sensitive, vulnerable and entitled “snowflakes” fail to acknowledge the philosophical work that was carried out, especially in the 1980s and ’90s, to legitimate experience — especially traumatic experience — which had been dismissed for decades as unreliable, untrustworthy and inaccessible to understanding.
The philosopher Jean-François Lyotard, examined the tension between experience and argument in a different way.
Instead of defining freedom of expression as guaranteeing the robust debate from which the truth emerges, Lyotard focused on the asymmetry of different positions when personal experience is challenged by abstract arguments.
His extreme example was Holocaust denial, where invidious but often well-publicized cranks confronted survivors with the absurd challenge to produce incontrovertible eyewitness evidence of their experience of the killing machines set up by the Nazis to exterminate the Jews of Europe. Not only was such evidence unavailable, but it also challenged the Jewish survivors to produce evidence of their own legitimacy in a discourse that had systematically denied their humanity.
Lyotard shifted attention away from the content of free speech to the way certain topics restrict speech as a public good.
Some things are unmentionable and undebatable, but not because they offend the sensibilities of the sheltered young. Some topics, such as claims that some human beings are by definition inferior to others, or illegal or unworthy of legal standing, are not open to debate because such people cannot debate them on the same terms.
All people must be free to speak, if we are to have free speech, and that is self-evidently not possible if one group is excluded from being “people”. Freedom applies to the rights of all people to be included, as well as what is said.
The recent student demonstrations at various campuses can be understood as an attempt to ensure the conditions of free speech for a greater group of people, rather than censorship.
Liberal free-speech advocates rush to point out that the views of these individuals must be heard first to be rejected. But this is not the case. Universities invite speakers not chiefly to present otherwise unavailable discoveries, but to present to the public views they have presented elsewhere. Yet when those views invalidate the humanity of some people, they restrict speech as a public good.
The great value and importance of freedom of expression, for higher education and for democracy, is hard to underestimate. But it has been too easy for commentators to create a simple dichotomy between a younger generation’s oversensitivity and free speech as an absolute good that leads to the truth.
We would do better to focus on a more sophisticated understanding, such as the one provided by Lyotard, of the necessary conditions for speech to be a common, public good. This requires the realization that in politics, the parameters of public speech must be continually redrawn to accommodate those who previously had no standing.
Because the idea of freedom of speech does not mean a blanket permission to say anything anybody thinks. It means balancing the inherent value of a given view with the obligation to ensure that other members of a given community can participate as fully recognized members of that community.
Free-speech protections — not only but especially in universities, which aim to educate students in how to belong to various communities — can never mean that someone’s humanity, or their right to participate in political speech as political agents, can be freely attacked, demeaned or questioned.
The recent controversies over the conflict between freedom of expression and granting everyone access to speech hark back to 1963, when Yale University had rescinded an invitation to Alabama’s segregationist governor, George C. Wallace. In 1974, after unruly protests prevented William Shockley from debating his recommendation for voluntary sterilization of people with low I.Q.s, and other related incidents, Yale issued a report on how best to uphold the value of free speech on campus that remains the gold standard for many other institutions.
Unlike today’s somewhat reflexive defenders of free speech, the Yale report placed the issue of free speech on campus within the context of an increasingly inclusive university and the changing demographics of society at large. While Yale bemoaned the occasional “paranoid intolerance” of student protesters, the university also criticized the “arrogant insensitivity” of free speech advocates who failed to acknowledge that requiring of someone in public debate to defend their human worth conflicts with the community’s obligation to assure all of its members equal access to public speech.
What is under severe attack, in the name of an absolute notion of free speech, are the rights, both legal and cultural, of minorities to participate in public discourse.
The issues to which students are so sensitive might be benign when they occur within the ivory tower. Coming from the brexit campaign trail and now the US White House, the threats are not meant to merely offend. Like President Trump’s attacks on the liberal media (or indeed right wing press attacks on the British judiciary) as the “enemies of the people,” these insults are meant to discredit and delegitimize whole groups as less worthy of participation in the public exchange of ideas.