free speech?

With Elon Musk prompting a bit of a free speech firestorm with the recent changes and tweets at Twitter, it’s made many ask what free speech is, isn’t, and what should and shouldn’t be allowed. For continued context, Musk is reversing the behavior of former Twitter CEO Jack Dorsey, who admits multiple errors and censorship during his tenure. Said Dorsey this past week: “The biggest mistake I made was continuing to invest in building tools for us to manage the public conversation, versus building tools for the people using Twitter to easily manage it for themselves. This burdened the company with too much power, and opened us to significant outside pressure…” He acknowledged the influence of activists.

Noting as previously stated that the Intramuralist has never considered Twitter to be a host of authentic dialogue (the interactions are too snarky and short), it’s not surprising that freedom of expression was also not one of their values. Twitter was not an exhibitor of free speech; they printed what they wanted, shut down and shadow-banned others. But Twitter started as a private company (later becoming public and set to go private once more). It’s also not surprising then, since many have participated in places where free speech was not valued nor therefore practiced, that many have consequently concluded that said freedom is unnecessary. Let’s thus do a little unpacking…

Among other essential human rights, the First Amendment guarantees that Congress will make no law “abridging the freedom of speech.” To “abridge” means to curtail. The freedom of speech then means that an individual is free to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. Categories of speech that are not considered within said freedom are incitement, defamation, fraud, obscenity, child pornography, fighting words, and threats.

One of the critical arenas where the debate most seems to play itself out (no, not Twitter) is on the college campus. In especially recent years, it’s been increasingly questioned whether colleges are embracing or actually eroding free speech… and the wisdom and health of said intentional efforts. What should or shouldn’t be silenced?

AllSides presented the perspectives respectfully and objectively some time ago: “Do college administrators have a duty to protect students against harmful speech and negative emotional consequences? Or is the purpose of college education to expose yourself to different views and build resiliency against bad ideas?”

Great questions. Let’s offer a few more, questions that are worthy of asking both on and off the college campus — also, both on and off social media… In regard to the freedom of speech… 

Is hate speech protected — and if so, what exactly is it?

(Fascinating note: according to the American Library Association, “There is no legal definition of ‘hate speech’ under U.S. law, just as there is no legal definition for evil ideas, rudeness, unpatriotic speech, or any other kind of speech that people might condemn. Generally, however, hate speech is any form of expression through which speakers intend to vilify, humiliate, or incite hatred against a group or a class of persons on the basis of race, religion, skin color sexual identity, gender identity, ethnicity, disability, or national origin.” Back to the questions…)

What level of scrutiny should be applied to online expression?

And…

Who gets to decide what is and isn’t acceptable?

Friends, this isn’t easy. It’s also not some simple, binary, black and white answer; there is no minimized two-option, potential solution.

So allow me to respectfully add what does not qualify as a filter in our discernment of what’s a wise way forward, as admittedly, some of the speech out there — and some of the squelching of speech out there — is offensive. We don’t like it.

The challenge is that neither offense nor dislike are rational reasons for restriction. There exists no right to shoot down what we don’t like.

That, my friends, is what makes this both sensitive and hard.

Respectfully…

AR