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Tag: Freedom of Speech

This illustrated quote from author N. K. Jemisin says, “If the first words out of your mouth are to cry ‘political correctness!’, chances are very, very high that you are in fact part of the problem.”

Freedom of Speech Part Two: Not a crime but not okay

Do we really have as much freedom of speech as we think? Do we have more than we realize? Or have we misunderstood the whole concept? Two weeks ago, I started a series of posts on the First Amendment to the United States Constitution. Last week I discussed “When Speech is a Crime,” exploring the exceptions to the First Amendment.

Now might be a good moment to remember what the First Amendment actually says.

The text of the First Amendment to the US Constitution reads: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Many thanks to Indivisible Door County WI

In my first post of this series, I asked, “Is the First Amendment an aspiration, or a reality?” I got some pushback in comments online. As one commenter put it, “Of course the First Amendment is a reality. It’s the law!

But that might be an “alternative fact” in daily practice. The founding documents also say “all men are created equal,” and there’s a culture-wide concept that “equal justice under law” is a guiding principle. We haven’t even come close to getting those right, yet. Kinda like with the slaves in Texas between the Emancipation Proclamation and Juneteenth. Just ‘cuz they wrote it, that “don’t mean we got it.”

Freedom of speech, and its limitations

As with all broad declarations of principle, the devil lurks amongst the details. Turns out, freedom of speech is a thorny issue, even (or perhaps especially) in the USA. The section of the First Amendment relevant to today’s post says, “Congress shall make no law . . . abridging the freedom of speech . . . .

This quote from Benjamin Franklin, reversed out of a painting of Franklin, reads, “Without Freedom of thought there can be no such thing as wisdom; and no such thing as public liberty, without freedom of speech.”
Courtesy of “Relatably

That all seems pretty straightforward. But even when the speaker is not committing a crime, s/he may hesitate to say something. There are times when even protected speech may technically be legal—but it also may be socially “not okay.”

Political correctness and “Cancel Culture”

In recent decades several terms have bubbled up from the cultural ferment: “Politically correct,” “cancel culture,” or “call-out culture.” Sometimes people abuse their new power gained through “the leveling effects of social media.” But still I agree with Spencer Kornhaber that it’s less a matter of “cancellation” than accountability.

Whatever you call it, these terms are used defensively. They push back against a changing social norm that abhors racist, sexist or gender-identity-denigrating speech or actions.

The definition for “Cancel Culture” given in this image reads: “Cancel culture is a form of public shaming that tries to hold someone accountable for their actions by publicly calling out their behavior as problematic.”
Courtesy of Parentology.

The pushers-back complain that these shifting social norms result in a climate that stifles freedom of self-expression. An excellent recent example of this can be found in a letter that, while set to be published in the October 2020 issue of Harper’s Magazine, has already found its way into wide circulation. The inevitable response to this pushback also is easy to find.

Many, including several prominent comedians, have protested that political correctness “kills humor.” Those who disagree counter by saying what’s dying is out-of-date schtick that relies on bigotry for humor. More on that below.

Thought police? Really?

The complainers also say the country is more and more pervasively dominated by “thought police.” That to step out of line, especially on college campuses, is to risk scorn, ridicule, and ostracism. The critique of campus culture has some merit, as far as it goes. Sometimes unpopular speakers, especially those who support white supremacy or are known for hate speech, are booked for events on some college campuses. Almost inevitably, students have raised loud protests.

This back-and-forth has led to conservative-leaning students saying they feel unwelcome in some classes. They report being afraid to speak their views in classrooms or campus forums, for fear of being shouted down or shunned. The liberal-arts ideal of a “marketplace of ideas” never included this.

This quote from Noam Chomsky says, “If we do not believe in freedom of speech for those we despise we do not believe in it at all.”
Might note that Chomsky signed the Harper’s letter. (Courtesy of Minds Media.)

A short “Political Correctness” debate

Lest this discussion get too heavy, let’s pause for a short “political correctness” debate in the form of a meme war. Contemporary social media culture seems awash in such soundbite messaging. And memes fly in especially thick flurries and flocks when it comes to political correctness. Why not let the memes duke it out?

This photo montage consists of three photo-based memes. 1. In the upper left photo, an angry young woman seems to yell. The meme says, “Judging people by their race and sex is wrong . . .  I wish you privileged white men would get that.” 2. The upper right photo shows a snarling miniature schnauzer dog. The meme says, “That moment you realize . . . that “political correctness is the P.C. euphemism for censorship.” 3. The third is a photo quote from comedian George Carlin that is often used as a meme. It says, “Political Correctness is Fascism pretending to be manners.”
(Clockwise: Politically Incorrect Humor, Lather, via MemeCenter, and Meme Generator)
This photo montage consists of two cartoon images and a photo-based meme. 1. In the upper left image, from Some EE Cards, a man and a woman in old-fashioned clothing embrace each other. The words say, “When I complain about ‘political correctness’ what I’m really saying is that I want to be able to act like a douche without people pointing out that I’m acting like a douche.” 2. In the upper right photo-meme a man gives the camera a squinty-eyed look. The meme reads, “Claim to be against political correctness . . . Call torture an enhanced interrogation technique.” 3. The cartoon at the bottom is by B. Deutsch, titled, “The Straight, Ablebodied, Cis, Rich, White Man’s Burden.” It shows a slender young white man with a day-pack on his back, yelling at four other people bending with effort beneath much larger, bulkier bags. His listeners are a man with a prosthetic, a short-haired woman, a person with vaguely Asian or Hispanic features, and a Black man. The young man with the small pack says, “Why are you people complaining? Can’t you see I’ve got a burden, too?”
(Clockwise: SomEEcards, and “Chris1787763,QuickMeme, and Claire’s Passion Blog/Ampersand by B. Deutch.)
In this photo-based meme, the puffin struts across a grassy surface. The meme says, “Just because your (sic) offended doesn’t mean your (sic) right . . . Just as much as being offensive doesn’t mean your (sic) right either”
(“unusedimgur,” via Imgur)

There now. Who says humor is dead? There are times when we may be tempted to side with the Puffin. Unfortunately, the puffin meme supports a false equivalency.

The philosophical throughline: underlying bigotry

As far as I can tell, there’s one huge problem with the arguments against political correctness. It lies in the kind of “truth” and “humor” they defend.

That “freedom” they desire? It often turns out to be the freedom to use racist or homophobic language. The “truth” they defend? All too often it’s not objective truth, but instead derisive racial or gender-identity stereotypes. The “humor” they want to keep alive boils down to racial slurs and ethnic jokes.

Dig down to the bottom of the “anti-P.C.” arguments, and you’ll mostly find white privilege defending hate speech.

You may be surprised to learn that hate speech normally is protected speech—at least, in the United States. Mind your expressions of racial hate in other parts of the world, though.

Hate Speech, the ultimate “not a crime but not okay.”

Defined as “distasteful, offensive, or hateful speech that causes others to feel grief, anger, or fear,” hate speech truly does offend. But as long as people stop short of hate crimes, they can say pretty much any awful thing they want to.

And they definitely do say despicable things. There are lots of reasons why, but it all boils down to one. White privilege doesn’t want to concern itself with others’ problems and feelings, because it’s never had to do that before. Well, sorry to all you white snowflakes in your gated communities. That’s got to change.

Outside her St. Louis mansion on June 28, 2020, Patricia McCloskey points a handgun at Black Lives Matter protesters, one of whom also appears to be armed. Her husband Mark McCloskey stands farther back behind a hedge with a rifle. Later, Mark McCloskey said he was “scared for my life, protecting my wife.”
Outside her St. Louis mansion on June 28, 2020, Patricia McCloskey points a handgun at Black Lives Matter protesters, one of whom also appears to be armed. Her husband Mark McCloskey stands farther back behind a hedge with a rifle. Later, Mark McCloskey said he was “scared for my life, protecting my wife.” (Photo: CNN).

An unaccustomed concern

I understand. Always having to accommodate another culture takes a lot of effort. You must always think about the other culture’s standards, ideas, perceptions, and understandings. Even if you don’t “get” them.

It’s really hard. You’ll get things wrong, and there’s a price to pay when you do. Sometimes you’re wrong, no matter what you do, just because of what you look like, or where you came from. And you never, ever, get a break from it. That’s uncomfortable and exhausting.

I can almost hear all the Black folks out there saying, “Mmm-mm, you know that’s right.” Because that’s the reality they live every day.

But white people’s moans about “political correctness” are whimpers of a dying privilege. Sooner or later—actually, about 2045 or so—demographics will have their way with this country. No matter how many pathetic little (I’m sorry: “Big, beautiful”) walls we build.

Rather than huddle inside our compounds, if we white people are wise we’ll start expanding our horizons, and working for justice.

This illustrated quote from author N. K. Jemisin says, “If the first words out of your mouth are to cry ‘political correctness!’, chances are very, very high that you are in fact part of the problem.”
Courtesy of Gecko And Fly.

IMAGES:

Many thanks to Indivisible Door County, WI for the First Amendment’s text. I am grateful to Relatably, for the quote-image from Benjamin Franklin, and to Parentology for the “cancel culture” definitionDeepest gratitude to MindsMedia, for the Noam Chomsky quote-image.

MEME-WAR: I’m grateful to Politically Incorrect Humor for the “Judging people” meme, to Lather, via MemeCenter for the Schnauzer image, and to MemeGenerator (no legible additional credit) for the George Carlin quote.

I’m also grateful to SomeEEcards and “Chris 1787763” for the “act like a douche” image, to QuickMeme (no additional credit) for the “P.C. but Torture” meme, and to Ampersand by B. Deutch, via Claire’s Passion Blog on the Penn State University website, for “The Straight, Ablebodied, Cis, Rich, White Man’s Burden” cartoon.

Many thanks for the peace-puffin meme to “unusedimgur,” via Imgur.

MORE IMAGES: Many thanks to CNN for the photo of the McCloskeys confronting BLM protesters, and to Gecko and Fly for the image-quote from the wonderful sf author N. K. Jemisin.

Against the backdrop of the tweet from “Carmen Katz” that started the rumor that turned into “Pizzagate,” a couple wearing T-shirts emblazoned, “PIZZAGATE IS REAL” and the business sign of the hapless Comet Ping Pong pizza shop are superimposed in a Sean McCabe illustration for Rolling Stone magazine.

Freedom of Speech Part One

Speech isn’t free when it’s a crime

When it comes to freedom of speech, we have a lot of latitude. We’ve all heard someone say, “It’s a free country! I can say anything I want!” But is that right? Can you literally say anything? Last week I started a series of posts on the First Amendment to the United States Constitution.

The text of the First Amendment to the US Constitution reads: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Many thanks to Indivisible Door County, WI.

The section of the First Amendment relevant to today’s post says, “Congress shall make no law . . . abridging the freedom of speech . . . .” That seems pretty straightforward, but there are wrinkles.

Protected speech has always had exceptions. Today I’d like to address the “criminal element.”

When speech is a crime

Let’s start with slander. Slanderers make false statements that defame and damage a person’s reputation. You’re not free to do that, because it’s just a wrong, unfair thing to do. But then come the questions: How can you prove it’s false? Is it still slander if your victim is famous?

Across the photos of two young men, headlines read, "Breaking News" and "Shocking Allegations Denied!"
Image courtesy of @CelebDirtyLaundry on Twitter.

What if you honestly thought it was true when you said it? If you’ve ever forwarded a shocking meme without checking to make sure its “facts” were accurate, you should fold up your righteous indignation, and stick it right back into the cabinet.

Related but different, perjury is a crime because it interferes with the rendering of justice. Doesn’t keep it from happening, but it’s not legal, either.

Perjury is the basest and meanest and most cowardly of crimes. What can it do? .Perjury can change the common air that we breathe into the axe of an executioner.
Perjury quote from Robert G. Ingersoll
Many thanks to Quotestats.

A particular kind of wrong

How about obscenity and child pornography? People immediately start arguing about “what is obscene?” “To whom?” “In what context?” The so-called “Miller test” defines three points by which to evaluate whether something is obscene, but it’s not perfect, either.

Child pornography, which is extremely destructive to its underage victims, is considered a sex crime—but people have tried to defend it as a First Amendment question.

No freedom for criminal conduct

This quote from Alan Greenspan says, “Corruption, embezzlement, fraud, these are all characteristics which exist everywhere. It is regrettably the way human nature functions, whether we like it or not. What successful economies do is to keep it at a minimum. No one has ever eliminated any of that stuff.”
Many thanks to AZ Quotes.

Speech integral to criminal conduct” is a broad category, it turns out. The formation of a more perfect union is never served by con artists swindling people, for instance. They have no First Amendment right to defraud someone.

Another prohibited category includes false advertising, which is a kind of swindling. There are a lot of people who think the “false advertising” test should include gaslighting in the political arena (“Pizzagate,” anyone?). So far, however drawing the line between opinion and falsehood or misleading representation has eluded many of us.

Against the backdrop of the tweet from “Carmen Katz” that started the rumor that turned into “Pizzagate,” a couple wearing T-shirts emblazoned, “PIZZAGATE IS REAL” and the business sign of the hapless Comet Ping Pong pizza shop are superimposed in a Sean McCabe illustration for Rolling Stone magazine.
Here’s an evocation of the “Pizzagate” fake news conspiracy (Thanks, Rolling Stone and illustrator Sean McCabe).

Inciting physical harm

Inciting others to commit violence is another kind of speech that’s not free, because it can lead to harm. For instance, inciting a mob to do violence can lead to people getting hurt or killed, property destroyed, etc.

Cars burn and streets are shrouded in smoke in the wake of a May, 2020 riot in Grand Rapids, MI, allegedly started by a woman who has now been charged.
The aftermath of a riot, allegedly incited 5/31/2020 by a Michigan woman, wasn’t pretty. (WMMT Channel 3).

Likewise, making false statements to set off panic (the infamous “falsely yelling ‘fire!’ in a crowded theater” scenario) is not protected. You can’t solicit someone to commit a crime (such as hiring a hit man to take out your inconvenient spouse).

Insidious falsehoods

Inconvenient though some might find it, the First Amendment won’t defend extortion or blackmail, either. Except, perhaps, when you’re a president extorting a foreign leader for political aid, and the Senate won’t impeach you?

Photos of U.S. President Donald J. Trump and Ukranian President Volodymyr Zelensky are superimposed over an image of the July 25, 2019 memorandum that documented what Trump called a “perfect phone call” in which Trump asked Zelensky to investigate potential rival Joe Biden in return for Trump’s releasing Congressionally-allocated military aid that Ukraine badly needed.
Trump, Zelensky, and the 7/25/2019 memo documenting the “perfect call.” (illustration courtesy of Rogue Rocket).

Hounding your boyfriend via text messages until he kills himself, as Michelle Carter learned, is also not protected. Indeed, true threats, harassment, stalking, and cyberbullying are all criminal behavior, although they can be difficult to prosecute.

False reports

For what seem like pretty obvious reasons, filing a false police report is also a crime. That’s what got Amy Cooper, currently the poster child for the “Karen” stereotype, in hot water with the law. Not for her racist rant, which is protected speech. That “only” got her internationally shamed, fired from her job, and her dog adoption rescinded.

For a while, a certain group of online gamers thought “swatting” was pretty funny. This is making calls to police departments to prank them into responding in force to a hapless victim’s address. Hilarious, right? Tyler Barriss thought so, too, until his false call got Andrew Finch, a Wichita man, killed. For this and other “swatting” calls, he’ll spend 20 years in a Federal prison.

Wichita, KS police work the crime scene at the unfortunate Andrew Finch’s house. Finch was the innocent target of a misdirected SWAT raid, killed when police responded to a prank call on 12/29/2018. The caller, Tyler Barris, is now serving a 20-year sentence in Federal prison for his “joke.”
Wichita Police work the crime scene at the Finch residence after a prank “swatting” call went horribly wrong. (Photo by Fernando Salazar/Wichita Eagle/AP, via the New York Times).

Speech is powerful. When used for peace and progress, art, or enlightenment, it can transform communities and uplift lives. When used for evil ends, it can harm, impoverish, or kill. It behooves us all to mind our tongues in certain important ways.

Next week we’ll look at freedom for less-than-popular forms of self-expression that are protected. Even though some people think they shouldn’t be.

If you have thoughts on the things I’ve written here, please let me know in the comments below!

IMAGES:

Many thanks to Indivisible Door County, WI for the text of the First Amendment. The “Allegations Denied” image is from @CelebDirtyLaundry via Twitter. I appreciate Quotestats providing the Robert Green Ingersoll quote, and AZ Quotes for the Alan Greenspan quote. Deepest gratitude to Rolling Stone and illustrator Sean McCabe, for the “Pizzagate” illustration. The full illustration has been cropped in the image I used, but is shown in its entirety lower on the source-page. Many thanks to WMMT Channel 3 of Grand Rapids, MI, for the “aftermath of the riot” photo. I’m grateful to Rogue Rocket for the Trump/Zelensky illustration, and also deeply so to photographer Fernando Salazar, the Wichita Eagle, the AP and the New York Times for the photo of the scene outside Andrew Finch’s house the night he died. I appreciate you all!

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