John Durham Peters:John Durham Peters:Courting the Abyss:Courting the Abyss:

Free Speech and the Liberal Free Speech and the Liberal TraditionTradition

A humble presentation byA humble presentation by

Brent Roberts, COMT530Brent Roberts, COMT530

April 2007April 2007

Free Speech and “the Free Speech and “the Abyss”Abyss”

• What is “free speech”?What is “free speech”?

• What is “the Abyss”?What is “the Abyss”?

• How do these ideas come together?How do these ideas come together?

Public CommunicationPublic Communication

• ““In the heart of every democrat since beats In the heart of every democrat since beats the pulse of Athens envy, and a desire to the pulse of Athens envy, and a desire to put on a toga and speak swelling oratory. put on a toga and speak swelling oratory. The early modern era adds a new item of The early modern era adds a new item of apparel and medium of communication to apparel and medium of communication to the mix: friends of democracy like to fancy the mix: friends of democracy like to fancy themselves donning powdered wigs and themselves donning powdered wigs and taking quill in hand to compose declarations taking quill in hand to compose declarations and encyclopedias that will set tyrants and encyclopedias that will set tyrants trembling.”trembling.”

What is a “liberal”?What is a “liberal”?

• ““insistence on religious and other insistence on religious and other forms of ideological diversity”forms of ideological diversity”

• ““rejection of conscious design as the rejection of conscious design as the ultimate source of social order”ultimate source of social order”

• Respect for due processRespect for due process• Respect for “equal protection against Respect for “equal protection against

the tyranny of the majority”the tyranny of the majority”• ““appreciation for eccentric behavior”appreciation for eccentric behavior”

What is a “liberal”?What is a “liberal”?

• Moderns/liberalsModerns/liberals– Committed 100% to Committed 100% to

free speechfree speech

• FundamentalistsFundamentalists– Low threshold for Low threshold for

disgustdisgust– Sickened and Sickened and

offendedoffended– Sensitive to Sensitive to

violence and insultviolence and insult

LiberalsLiberals

• Why do they do it?Why do they do it?– If it doesn’t kill us, it makes us strongerIf it doesn’t kill us, it makes us stronger– ““Showing off” Showing off” – Civic righteousnessCivic righteousness

LiberalsLiberals

““Liberal citizens are supposed to run Liberal citizens are supposed to run the gauntlet of what disgusts them the gauntlet of what disgusts them and to find a little poison gas in the and to find a little poison gas in the air a good immunization against air a good immunization against bigger woes. Citizens grow in bigger woes. Citizens grow in wisdom by passing through folly, and wisdom by passing through folly, and dalliance with demons adds up to the dalliance with demons adds up to the greater education of all.”greater education of all.”

Where is JDP on Free Where is JDP on Free Speech?Speech?

““Defending the speech we hate does not Defending the speech we hate does not mean we need to learn to love it or think it mean we need to learn to love it or think it is really good stuff. Refusing to make laws is really good stuff. Refusing to make laws prohibiting speech and expression does prohibiting speech and expression does not mean that speech and expression are not mean that speech and expression are necessarily free of ill effects. One can necessarily free of ill effects. One can oppose censorship while maintaining a oppose censorship while maintaining a capacity for judgments about the value capacity for judgments about the value and quality of cultural forms.”and quality of cultural forms.”

The free speech storyThe free speech story

• HeroesHeroes– Big names: Milton, Mill, Locke, Thomas Big names: Milton, Mill, Locke, Thomas

JeffersonJefferson– Today: Journalists, Librarians and ACLUToday: Journalists, Librarians and ACLU

““Librarians are perhaps the most Librarians are perhaps the most passionate believers in the free speech passionate believers in the free speech story in the United States, with the story in the United States, with the ACLU.”ACLU.”

““Marketplace of Ideas”Marketplace of Ideas”

• What is it?What is it?– ““motor of democratic life”motor of democratic life”– ““nasty talk will call forth countervailing nasty talk will call forth countervailing

words of equal force and greater words of equal force and greater wisdom”wisdom”

Marketplace of Ideas-OriginsMarketplace of Ideas-Origins

• Milton, Milton, Areopagitica Areopagitica (1644)(1644)

““Let her [Truth] and Falsehood Let her [Truth] and Falsehood grapple; who ever knew grapple; who ever knew truth put to the worse, in a truth put to the worse, in a free and open encounter.”free and open encounter.”

JDP on the MarketplaceJDP on the Marketplace

• ““worst of the intellectual frameworks worst of the intellectual frameworks commonly foisted on the essay”commonly foisted on the essay”

• That “writing and reading should That “writing and reading should take place in an unrestricted, open-take place in an unrestricted, open-ended, and voluntary space, fair ended, and voluntary space, fair enough.”enough.”

• BUT……BUT……

Homeopathic Machismo and Homeopathic Machismo and Free Speech TheoryFree Speech Theory

• Define Define homeopathyhomeopathy

• Define Define machismomachismo

• Define Define homeopathic machismohomeopathic machismo

““The notion that a tincture of poison The notion that a tincture of poison will lift us to heights of tolerance and will lift us to heights of tolerance and civic-mindedness.”civic-mindedness.”

Emergence of the Emergence of the “marketplace of ideas”“marketplace of ideas”

• 2020thth Century Century

““The real grip on the public and legal The real grip on the public and legal imagination is held by the idea that imagination is held by the idea that we are righteous in proportion to our we are righteous in proportion to our refusal to judge.”refusal to judge.”

Libraries (Libraries (again!again!))

““People whose livings and lives People whose livings and lives depend on the propagation of depend on the propagation of information and opinion in speech information and opinion in speech and text naturally believe theirs to and text naturally believe theirs to be holy work.”be holy work.”

Oliver Wendell HolmesOliver Wendell Holmes(1841-1935)(1841-1935)

• Fought in the Civil WarFought in the Civil War

• Supreme Judicial Court of MASupreme Judicial Court of MA

• Supreme Court justice, 1902-1932Supreme Court justice, 1902-1932

• ““Great dissenter”Great dissenter”

• Abrams (1919): “free trade in ideas”Abrams (1919): “free trade in ideas”

HolmesHolmes

• ““most famous exponent of the idea most famous exponent of the idea that the first amendment’s purpose that the first amendment’s purpose is to teach us to appreciate ideas is to teach us to appreciate ideas that we hate”that we hate”

• ““consistent defense of the right of all consistent defense of the right of all parties to compete”parties to compete”

• ““not free thought for those who not free thought for those who agree with us, but freedom for the agree with us, but freedom for the thought of those we hate”thought of those we hate”

Judge’s “two bodies”Judge’s “two bodies”

• Personal opinionsPersonal opinions

• Judicial opinionsJudicial opinions

HolmesHolmes

• ““He wanted a strong first amendment He wanted a strong first amendment not because he thought more speech not because he thought more speech was the cure for bad speech, but was the cure for bad speech, but because he wanted to leave the because he wanted to leave the evolutionary battlegrounds unclutteredevolutionary battlegrounds uncluttered—like a Roman official making sure the —like a Roman official making sure the gladiators all have water and bread gladiators all have water and bread before they head into combat.”before they head into combat.”

Louis Brandeis (1856-1941)Louis Brandeis (1856-1941)

• Supreme Court 1916-1939Supreme Court 1916-1939

• Seen as radicalSeen as radical– Fought monopoliesFought monopolies– Fought to protect industrial laborers Fought to protect industrial laborers

(especially women)(especially women)– Defended individual human rightsDefended individual human rights– ““Brandeis brief”Brandeis brief”

BrandeisBrandeis

• Active discussion: “Sunlight is the Active discussion: “Sunlight is the best disinfectant”best disinfectant”

• Noxious doctrineNoxious doctrine• ““If there be time to expose through If there be time to expose through

discussion the falsehood and discussion the falsehood and fallacies, to avert by the processes of fallacies, to avert by the processes of education, the remedy to be applied education, the remedy to be applied is more speech, not enforced is more speech, not enforced silence.”silence.”

Skokie CaseSkokie Case

““The peculiar righteous indignation of The peculiar righteous indignation of insisting on the other’s right to free insisting on the other’s right to free speech, even at the risk of one’s own speech, even at the risk of one’s own life, points to an emerging life, points to an emerging professional, self-sacrificial culture”professional, self-sacrificial culture”

Landmark free speech casesLandmark free speech cases

• Times v. SullivanTimes v. Sullivan

• Cohen v. CaliforniaCohen v. California

• PacificaPacifica

• Hustler v. FalwellHustler v. Falwell

• RAV v. St. PaulRAV v. St. Paul

Critical Race TheoryCritical Race Theory

• What is it?What is it?• ““call for a tender recognition of particular call for a tender recognition of particular

cultural traits and pains”cultural traits and pains”• Self-esteem and careSelf-esteem and care• ““absolutist first amendment response to absolutist first amendment response to

hate speech has the effect of perpetuating hate speech has the effect of perpetuating racism” (Mari Matsuda)racism” (Mari Matsuda)

• ““rich and the educated consistently rich and the educated consistently support free expression rights most support free expression rights most vigorously…libertarian faith is a vigorously…libertarian faith is a philosophy of the privileged”philosophy of the privileged”

JDP’s positionJDP’s position

““We need not be moral and intellectual We need not be moral and intellectual Gumbies while we wait for the returns to Gumbies while we wait for the returns to come in on the gore and vomit that some of come in on the gore and vomit that some of our liberal colleagues want to suspend our liberal colleagues want to suspend judgment on. Life is too short to think we judgment on. Life is too short to think we can postpone some decisions forever. can postpone some decisions forever. Impersonality is, as Paul knew, a good norm Impersonality is, as Paul knew, a good norm to live by, but it does not mean that we stop to live by, but it does not mean that we stop fighting for decency in the meanwhile.”fighting for decency in the meanwhile.”

““Watch, Therefore”: Suffering Watch, Therefore”: Suffering and the Informed Citizenand the Informed Citizen

• Milton and MillMilton and Mill

• TodayToday• Two questions:Two questions:

1.1. ““What is our What is our responsibility to responsibility to distant and local distant and local suffering?”suffering?”

2.2. ““When, if ever, is When, if ever, is it just to shut our it just to shut our eyes to the misery eyes to the misery of the world?”of the world?”

3 ways to look at suffering3 ways to look at suffering

I.I. CatharsisCatharsis

II.II. CompassionCompassion

III.III. CourageCourage

Responses to pain and Responses to pain and sufferingsuffering

• Psychological relief Psychological relief

• Intellectual illuminationIntellectual illumination

• Aroused to sympathy, called to Aroused to sympathy, called to actionaction

• ““Shut our eyes”Shut our eyes”

Samantha PowerSamantha Power

• ““Distance is no excuse for ignorance”Distance is no excuse for ignorance”

• ““Too much faith in human decency and Too much faith in human decency and due process keeps us unprepared to due process keeps us unprepared to cope with the brutal realities of cope with the brutal realities of genocide”genocide”

• ““People who People who couldcould know, but do not know, but do not bother, are implicated to some degree in bother, are implicated to some degree in the crime they could have helped the crime they could have helped prevent”prevent”

PityPity

• ““Pity is the totalitarianism of the Pity is the totalitarianism of the righteous”righteous”

• ““Distance furnishes clarity and Distance furnishes clarity and catharsis”catharsis”

• Pride and deceptionPride and deception

• ““Pity is a persuasive technique rather Pity is a persuasive technique rather than an ethical virtue”than an ethical virtue”

NewsNews

• ThoreauThoreau

• ““We have to pay attention because We have to pay attention because the present is different from what the present is different from what was and what will be”was and what will be”

• ““The past is solid, the future is gas, The past is solid, the future is gas, but the present is liquid”but the present is liquid”

• ““Possible futures (and pasts) come Possible futures (and pasts) come into being or vanish with every into being or vanish with every event”event”

NewsNews

““The now will never leave us in peace. The now will never leave us in peace. Whether we pay attention to the Whether we pay attention to the news or ignore it, we will regret it news or ignore it, we will regret it either way.”either way.”

Conclusion: AugustineConclusion: Augustine

““Since you cannot do good to all, you Since you cannot do good to all, you are to pay special regard to those are to pay special regard to those who, by the accidents of time or who, by the accidents of time or place or circumstance, are brought place or circumstance, are brought into closer connection with you.”into closer connection with you.”

Social ScienceSocial Science

• EvidenceEvidence

• Self-denial, detachment, self-Self-denial, detachment, self-restraintrestraint

• Removes personal biasRemoves personal bias

• ““Skepticism toward any and all firm Skepticism toward any and all firm beliefs”beliefs”

Social Science: “chaste Social Science: “chaste discourse”discourse”

• ““colorless style of social scientific colorless style of social scientific writing”writing”

• Detached inquiryDetached inquiry• FranklinFranklin• ““Time, not contention, is the measure Time, not contention, is the measure

of truth; participants must restrain of truth; participants must restrain themselves and their passions in the themselves and their passions in the quest for truth; discourse must be quest for truth; discourse must be mellow, irenic, and civil.”mellow, irenic, and civil.”

DemocracyDemocracy

• Statistical analysis=“lingua franca of Statistical analysis=“lingua franca of the social sciences”the social sciences”

• Data!Data!• Democracy is quantitativeDemocracy is quantitative• Reducing many voices to a single data Reducing many voices to a single data

summarysummary• ““Numbers are democracy’s ideal Numbers are democracy’s ideal

language: suited for gods, machines, language: suited for gods, machines, and collectives”and collectives”

Objectivity & Self-Objectivity & Self-MortificationMortification

• Philip Marlowe, George Smiley, John Philip Marlowe, George Smiley, John Wayne, Sherlock HolmesWayne, Sherlock Holmes

• DoctorsDoctors

• JournalistsJournalists

• Enlightenment/spiritualityEnlightenment/spirituality

StatisticsStatistics

• ““God’s-eye vide of a spectator of the God’s-eye vide of a spectator of the drama of world history”drama of world history”

• ““In our private choices we In our private choices we unwittingly promote something else”unwittingly promote something else”

StatisticsStatistics

• ““Few people recognize the autonomy Few people recognize the autonomy of events from their own willings and of events from their own willings and doings”doings”

• Ignore individual fatesIgnore individual fates

• Removes possessiveness, ego, Removes possessiveness, ego, sentimentalismsentimentalism

• ““meaningfulness lies only in the meaningfulness lies only in the aggregate”aggregate”

StatisticsStatistics

• ““Life experiences are, in a sense, Life experiences are, in a sense, artifacts of insufficient sampling”artifacts of insufficient sampling”

• ““illusions of selfhood”illusions of selfhood”

• ““statistical discipline teaches us to statistical discipline teaches us to place the other before the self”place the other before the self”

Stories v. StatisticsStories v. Statistics

• StoriesStories– Fudge detailsFudge details– Compress Compress

characters and characters and eventsevents

– Teach the ethic of Teach the ethic of caringcaring

• StatisticsStatistics– Tell it allTell it all– Give us the grand Give us the grand

pattern(s)pattern(s)– Teach the ethic of Teach the ethic of

not caringnot caring