Do we have a 'Free Speech Problem'?

Does America have a “Free Speech Problem”?

It probably depends on who you ask. If you ask the New York Times’ editorial board, it certainly does. In a March 18, 2022 column (“America Has a Free Speech Problem”), the editorial board wrote Americans are “losing hold of a fundamental right as citizens of a free country: the right to speak their minds and voice their opinions in public without fear of being shamed or shunned”.

In the words of the great swordsman Inigo Montoya, “I do not think it means what you think it means”.

I’m no historian, but I doubt that anyone in the entire history of the United States has ever been able to say anything without being shamed or shunned. That is not the purpose of the First Amendment’s protection of the Freedom of Speech, anyway. The First Amendment—among other things—protects the right of American citizens to criticize their government. This protection is extended to students, in certain circumstances.

What it does not do, however, is protect someone from consequences from other people or businesses for speaking their minds or expressing their opinions.

The editorial board went on to write that this “social silencing” has been evident for years.

“In large part, it’s because the political left and right are caught in a destructive loop of condemnation and recrimination around cancel culture. Many on the left refuse to acknowledge that cancel culture exists at all, believing that those who complain about it are offering cover for bigots to peddle hate speech,” wrote the Times’ editorial board. “Many on the right, for all their braying about cancel culture, have embraced an even more extreme version of censoriousness as a bulwark against a rapidly changing society, with laws that would ban books, stifle teachers and discourage open discussion in classrooms.”

I must admit, I find the mention of cancel culture by the Times slightly amusing, mainly due to the fact that those who have been “victims of cancel culture” haven’t really been canceled. The comedian Dave Chapelle was considered a recent “victim” of the phenomenon following a recent Netflix special which he spent a portion of it making derogatory comments about transgender individuals. Far from being canceled, Chapelle has four more specials green-lit by Netflix.

Joe Rogan, also, has been considered a victim of cancel culture due to his comments regarding the safety of the COVID-19 vaccines and his past use of racist language. Rogan, also far from being canceled, has the most listened to podcast with 11 million listeners. Spotify, which exclusively hosts the podcast, has made no move towards dropping the program.

While these are recent examples, the list of people who were “canceled” for their comments is quite extensive as they are often able to find a platform elsewhere. Even former President Donald Trump—whose Twitter account was suspended following the 2020 Election—is still able to reach his audience through various means including political rallies held throughout the country.

The other side of this statement from the Times’ editorial board, however, appears to have more evidence to back it up. Discussions of excluding certain books from school curriculum and of limiting discussions around race, sexual orientation and gender identity have taken place in school board meetings and state legislatures throughout the country.

Just last month a school board in Tennessee banned the inclusion of the graphic novel “Maus” from its curriculum over “objectionable material”. The graphic novel, written by Art Spiegelman whose parents were Polish Jews who survived the Holocaust, features mice as Jews and cats as Nazis and won several literary awards in 1992.

The reason given by the school board to ban the book? Swear words and “nakedness” in the drawing of a mouse. The action came just one day before International Holocaust Remembrance Day.

Meanwhile, in Mississippi, the mayor of Ridgeland withheld $110,000 in funding from the Madison County Library System unless they purge LGBTQ+ books from their shelves. The mayor informed the executive director, when asked about the funding, he would not release it until the books were removed because they went against his religious beliefs. This withholding of funds, seemingly, followed complaints from Ridgeland residents who requested a variety of books be reclassified as “adult” material and kept out of the reach of children.

I will admit, this does feel a little like comparing apples and oranges. People asking businesses to take action in regards to comments made by a public personality could be considered that person just facing consequences. On the other hand, government officials withholding funding to an entity or limiting the free discussion of topics which some may find objectionable or, dare I say, offensive does seem to border on restricting one’s Freedom of Speech.

So, does America have a free speech problem?

Again, I think that depends on who you ask.

 

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