Free Speech

Universities are struggling to balance the free exchange of ideas with students’ growing desire to be shielded from offensive views, a philosophical divide at the heart of recent protests that have roiled campuses around the country.

That’s the opening paragraph of Dan Frosch’s and Tamara Audi’s Friday piece in The Wall Street Journal. There’s no struggle here, though, except in the minds of school administrators and professors too timorous, too disrespectful of free speech to be fit to hold their positions.

While the tension between political correctness and open discourse has riven colleges for decades, a hunger strike and protests over racial incidents that forced out the University of Missouri’s president on Monday have supercharged the debate.

This is a coarse misunderstanding, and not only by Frosch and Audi, but by the precious little snowflakes at each of those universities and colleges. There is no such tension at all. What is politically incorrect is the attempt to control discourse in order to protect the self-proclaimed too-fragile from the vicissitudes of life.

Freedom of speech begins, of necessity, with protecting the most offensive, the most uncomfortable of speech. As soon as governments begin banning the most offensive or uncomfortable speech, the definition of “offensive” and of “uncomfortable” begins to be elevated. In very short order, indeed, today’s ordinary, inoffensive, comfortable (and comforting) speech becomes offensive and uncomfortable. Especially to the men in government who now are making the definitions.

Here’s an excerpt from a 6th Circuit en banc ruling on a free speech/free exercise case from Dearborn, MI [cites omitted]:

Diversity, in viewpoints and among cultures, is not always easy. An inability or a general unwillingness to understand new or differing points of view may breed fear, distrust, and even loathing. But it “is the function of speech to free men from the bondage of irrational fears.” Robust discourse, including the exchanging of ideas, may lead to a better understanding (or even an appreciation) of the people whose views we once feared simply because they appeared foreign to our own exposure. But even when communication fails to bridge the gap in understanding, or when understanding fails to heal the divide between us, the First Amendment demands that we tolerate the viewpoints of others with whom we may disagree. If the Constitution were to allow for the suppression of minority or disfavored views, the democratic process would become imperiled through the corrosion of our individual freedom. Because “[t]he right to speak freely and to promote diversity of ideas…is…one of the chief distinctions that sets us apart from totalitarian regimes,” dissent is an essential ingredient of our political process.

The civil-rights era cases tell us that police cannot punish a peaceful speaker as an easy alternative to dealing with a lawless crowd that is offended by what the speaker has to say … The Supreme Court … has repeatedly affirmed the principle that “constitutional rights may not be denied simply because of hostility to their assertion or exercise.

It would do these children a great service to learn to read (a form of free speech…), and then to add this sort of thing to their literature lists. It would do the administrators and professors a great service to steel themselves to reading and understanding our Constitution. Their disdain for such responsibility is microaggression of monstrous proportion against these children.

To quote, sort of, another man, life is hard. It’s harder if you’re precious and fragile. Or if you’re in a position of responsibility that exceeds your courage.

Free Speech According to the Left

On Tuesday afternoon an Israeli academic was shouted down by two dozen protesters as he tried to begin a lecture before about 100 students and faculty at the University of Minnesota. The speaker was Moshe Halbertal, a professor at NYU Law School and a professor of Jewish thought and philosophy at Hebrew University.

Dr Halbertal had been invited by the university to give the lecture, and after the disruption, he was able to proceed.

The gang of protestors bragged about it.

Today, this apologist for Zionist war crimes spoke only sporadically, as his lies were interrupted again and again by protesters who refused to listen to his anti-Palestinian hate speech.

And not only that. This gang did their best to deny everyone else their right to listen to the speech. The right of those others to determine for themselves what they will listen to is strictly in the hands of this gang. Free speech, according to these, is limited to the freedom to speak or to hear only that which these personally approve.

The silence of the rest of the Left—not even the Star Tribune, a newspaper local to the region, spent any column inches on the thing—is clear: the Left as a whole agrees with this view that only speech of which the Left approves may be freely spoken.

Who Wants Hispanic Votes?

Recall the brouhaha over CNBC’s butchery of the last Republican Presidential primary debate. In the aftermath, the Republican National Committee removed NBC (the parent of CNBC) from moderating the February ’16 debate (currently still scheduled with the National Review as moderator along with a now-unspecified partner). In tit-for-tat response, NBC pulled Telemundo (another of NBC’s properties) from co-moderating that February debate.

Jeb Bush’s representatives sought to reinstate Telemundo, NBC’s Spanish-language network, as a partner for that debate, but the proposal was vetoed by Donald Trump’s campaign, which threatened to boycott the event.

I have a couple of questions: does the Republican Party really want the Hispanic vote, or not? Which Republican candidates want the Hispanic vote?

Is Donald Trump (never mind all his racist remarks about Hispanics) really going to be given veto power over the other candidates’ campaigns and debates? If so, do we really want such lily-livered men or women for President?

Free Speech

So long as the government determines what’s free to be said.

There’s this American rock band, all of whose members are of Asian heritage, who call themselves The Slants. When they tried to trademark their name, the US Patent Office refused, claiming the name is “disparaging.” The matter is now before the US Court of Appeals for the Federal Circuit, which is the appellate court that hears such cases. The Court is hearing the matter en banc, or the whole court is handling the appeal instead of the usual three-judge panel.

The government is censoring naming. At oral argument,

Judge Kimberly Moore asked what would happen if the government started rejecting copyrights for controversial art or other expressive works as it is doing with trademarks.

Would there be “no more porn? No more crucifixes in urine?”

The government is arguing, and it’s serious,

[T]he law governing trademark registrations does not violate the First Amendment…. Its purpose is not “to help people to make a political statement or prevent people from making political statement[.],

Indeed. However, the government’s lawyer, Daniel Terry, is arguing that Government is the one that will determine what is political speech that the government must protect and what is not political speech that the government gets to censor. And Terry argued with that claim that Government has determined that a name can never be political speech.

Gotta Regulate

Senator Elizabeth Warren has discovered a bit of financial activity that she can’t regulate, and she wants to regulate it.

Senator Elizabeth Warren (D, MA) on Monday sent letters to six financial regulators saying she is troubled that the big banks and other financial firms backing Symphony Communications Services LLC may use the new tool to skirt regulatory and legal requirements, as well as escape enforcement action by the Consumer Financial Protection Bureau and other regulators.

Symphony’s sin? Their words on their publicly accessible Web page.

Symphony is designed to meet the cyber-security and compliance needs of financial firms.

They also tout their ability to guard against government spying.

Never mind that Symphony also says,

The use of Symphony does not change regulators’ ability to obtain messages from our clients. Symphony delivers messages to its clients to download, decrypt, and archive, and they are able to provide those messages to regulators just as they would with other compliant messaging systems.

Symphony is plainly acknowledging that message handling is the sole responsibility of the correspondents, and not at all that of the pipeline.

Senator Warren (and FBI Director James Comey) are prime examples of the need of private citizens and our enterprises for protection from government spying—even domestic spying. They’re already having some success, too, in browbeating Symphony:

Symphony’s current website doesn’t appear to contain the language Ms Warren raises in her letter.

What’s in that message? Inquiring Progressive minds want to know.