Classic Liberal Blog

Free speech, like so many other of our inalienable rights, is under attack in America. For a recent example, note Supreme Court nominee Elena Kagan's opinion that some speech should be "disappeared":

I take it as a given that we live in a society marred by racial and gender inequality, that certain forms of speech perpetuate and promote this inequality, and that the uncoerced disappearance of such speech would be cause for great elation.

For those of you who support various limits on speech, I beg of you, beware.

Because while today you may be censoring speech you find abhorrent, tomorrow the very precedent you helped establish ... will doubtlessly be used against you.

If we don't believe in freedom of expression for people we despise, we don't believe in it at all. -- Noam Chomsky

Speech and thought control have been preached (and enforced) on college campuses in America for decades now, slowly permeating our culture. The result being ...

America's regression from the "land of the free" to the "home of subjection." A sad and frightening story indeed.

Free Inquiry? Not on Campus

Much campus censorship rests on philosophical underpinnings that go back to social theorist Herbert Marcuse, a hero to sixties radicals. Marcuse argued that traditional tolerance is repressive—it wards off reform by making the status quo . . . well, tolerable. Marcuse favored intolerance of established and conservative views, with tolerance offered only to the opinions of the oppressed, radicals, subversives, and other outsiders. Indoctrination of students and “deeply pervasive” censorship of others would be necessary, starting on the campuses and fanning out from there.

By the late 1980s, many of the double standards that Marcuse called for were in place in academe. Marcuse’s candor was missing, but everyone knew that speakers, student newspapers, and professors on the right could (make that should) receive different treatment from those on the left. The officially oppressed—designated race and gender groups—knew that they weren’t subject to the standards and rules set for other students.

Marcuse’s thinking has influenced a generation of influential radical scholars. They included Mari Matsuda, who followed Marcuse by arguing that complete free speech should belong mainly to the powerless; and Catharine MacKinnon, a pioneer of modern sexual harassment and “hostile environment” doctrine. In MacKinnon’s hands, sexual harassment became a form of gender-based class discrimination and inegalitarian speech a kind of harmful action.

Confusing speech and action has a long pedigree on the PC campus. At the time of the first wave of speech codes 20 years ago, Kenneth Lasson, a law professor at the University of Baltimore, argued that “racial defamation does not merely ‘preach hate’; it is the practice of hatred by the speaker”—and is thus punishable as a form of assault. Indeed, the Left has evolved a whole new vocabulary to blur the line between acts and speech: “verbal conduct” and “expressive behavior” (speech), “non-traditional violence” (Lani Guinier’s term for strong criticism), and “anti-feminist intellectual harassment” (rolling one’s eyeballs over feminist dogma).

Campus censors frequently emulate the Marcusian double standard by combining effusive praise for free speech with an eagerness to suppress unwelcome views. “I often have to struggle with right and wrong because I am a strong believer in free speech,” said Ronni Santo, a gay student activist at UCLA in the late nineties. “Opinions are protected under the First Amendment, but when negative opinions come out of a person’s fist, mouth, or pen to intentionally hurt others, that’s when their opinions should no longer be protected.”

In their 1993 book, The Shadow University, Alan Charles Kors and Harvey Silverglate turned some of the early speech codes into national laughingstocks. Among the banned comments and action they listed: “intentionally producing psychological discomfort” (University of North Dakota), “insensitivity to the experience of women” (University of Minnesota), and “inconsiderate jokes” (University of Connecticut). Serious nonverbal offenses included “inappropriate laughter” (Sarah Lawrence College), “eye contact or the lack of it” (Michigan State University), and “subtle discrimination,” such as “licking lips or teeth; holding food provocatively” (University of Maryland). Later gems, added well after the courts struck down campus codes as overly broad, included bans on “inappropriate non-verbals” (Macalaster College), “communication with sexual overtones” (Lincoln University), and “discussing sexual activities” (State University of New York–Brockport). Other codes bar any comment or gesture that “annoys,” “offends,” or otherwise makes someone feel bad. Tufts ruled that attributing harassment complaints to the “hypersensitivity of others who feel hurt” is itself harassment.

As I've said many times before, it's a joke to believe we won the Cold War, defeated fascism, or that we're making gains against radical Islam. After all, America now has a fascist economy, Soviet-style speech crackdowns, Sharia law protections, and enslaved its citizens in debt ("justified" by the totalitarian Keynes' Magic Formulae).

Make no mistake about it either, speech and thought control isn't about saving anyone from getting their feelings hurt. No. It's about silencing political dissent ... and driving America back to the totalitarian stone ages.

Don't fool yourself ... They will be coming for you next.