The Free Speech Wars

Assembling a diverse group of commentators, activists and academics, this book answers the following questions: who gets to exercise free speech and who does not? What happens when powerful voices think they have been silenced? Why do some issues become sites of free speech battles and what are the consequences of this? How do the spaces and structures of 'speech' - mass media, the internet, the lecture theatre, the public event, the political rally - shape this debate?Ultimately, the book argues that free speech is invoked by actors right across the political spectrum, but that in reality very few of the debates have a clear or coherent idea of what is meant by the concept of 'free speech'.

Who gets to exercise free speech, and what happens when powerful voices think they have been silenced? Assembling a diverse group of commentators, activists and academics, this book explores the contemporary free speech wars to try to understand how this issue has become increasingly charged. It asks how the spaces and structures of 'speech' – mass media, the lecture theatre, the public event, the political rally and the internet – shape this debate. The contributors examine how acts such as censorship, boycotts, and protests around free speech developed historically and how these histories inform the present. The book explores the opposing sides in this debate: beginning with a defence of speech freedoms and examining how speech has been curbed and controlled, before countering this with an exploration of the way that free speech has been weaponised and deployed as a bad faith argument by people wishing to commit harm. Considering two key battlefields in the free speech wars – the university campus and the internet – this book encourages the reader to be suspicious of the way that this topic is framed in the media today. The free speech wars offers context, provocation, stimulation and – hopefully – a route through this conflict.

"A masterpiece of constitutional history, Perilous Times promises to redefine the national debate on civil liberties and free speech."—Elena Kagan, Harvard Law School Geoffrey Stone's Perilous Times incisively investigates how the First Amendment and other civil liberties have been compromised in America during wartime. Stone delineates the consistent suppression of free speech in six historical periods from the Sedition Act of 1798 to the Vietnam War, and ends with a coda that examines the state of civil liberties in the Bush era. Full of fresh legal and historical insight, Perilous Times magisterially presents a dramatic cast of characters who influenced the course of history over a two-hundred-year period: from the presidents—Adams, Lincoln, Wilson, Roosevelt, and Nixon—to the Supreme Court justices—Taney, Holmes, Brandeis, Black, and Warren—to the resisters—Clement Vallandingham, Emma Goldman, Fred Korematsu, and David Dellinger. Filled with dozens of rare photographs, posters, and historical illustrations, Perilous Times is resonant in its call for a new approach in our response to grave crises.

How did slavery and race impact American literature in the nineteenth century? In this ambitious book, Michael T. Gilmore argues that they were the carriers of linguistic restriction, and writers from Frederick Douglass to Stephen Crane wrestled with the demands for silence and circumspection that accompanied the antebellum fear of disunion and the postwar reconciliation between the North and South. Proposing a radical new interpretation of nineteenth-century American literature, The War on Words examines struggles over permissible and impermissible utterance in works ranging from Thoreau’s “Civil Disobedience” to Henry James’s The Bostonians. Combining historical knowledge with groundbreaking readings of some of the classic texts of the American past, The War on Words places Lincoln’s Cooper Union address in the same constellation as Margaret Fuller’s feminism and Thomas Dixon’s defense of lynching. Arguing that slavery and race exerted coercive pressure on freedom of expression, Gilmore offers here a transformative study that alters our understanding of nineteenth-century literary culture and its fraught engagement with the right to speak.

The demand for free speech on campus is a distraction, we need to follow the money

This book offers a sustained and vigorous defence of free expression and objective enquiry situated in the context of the current culture wars. In the spirit of J. S. Mill, Benn investigates objections to the ideal of free expression in relation to harm and offence, reaching broadly liberal conclusions with reference to recent examples of attempts to curb free speech on university campuses. Accepting that some expressions can cause non-physical harm, Benn also considers objections to free speech based on certain understandings of power and privilege. In its exploration and rejection of arguments against the possibility of obtaining objective truth, the book navigates hotly contested fields of contemporary debate, including feminism and identity politics. It challenges the dogma of social constructionism and examines current notions of identity, arguing that a case for fairness can be made without appealing to them. Offering a qualified endorsement of friendship between ideological opponents, Benn highlights common obstacles to civil and rational discussions, concluding with a rational, moral, and broadly spiritual solution to the cultural combat that monopolises present-day society.

Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean—both constitutional scholars who teach a course in free speech to undergraduates—argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can’t do when dealing with free speech controversies.

Why free speech is the lifeblood of colleges and universities Free speech is under attack at colleges and universities today, with critics on and off campus challenging the value of open inquiry and freewheeling intellectual debate. Too often speakers are shouted down, professors are threatened, and classes are disrupted. In Speak Freely, Keith Whittington argues that universities must protect and encourage free speech because vigorous free speech is the lifeblood of the university. Without free speech, a university cannot fulfill its most basic, fundamental, and essential purposes, including fostering freedom of thought, ideological diversity, and tolerance. Examining such hot-button issues as trigger warnings, safe spaces, hate speech, disruptive protests, speaker disinvitations, the use of social media by faculty, and academic politics, Speak Freely describes the dangers of empowering campus censors to limit speech and enforce orthodoxy. It explains why free speech and civil discourse are at the heart of the university’s mission of creating and nurturing an open and diverse community dedicated to learning. It shows why universities must make space for voices from both the left and right. And it points out how better understanding why the university lives or dies by free speech can help guide everyone—including students, faculty, administrators, and alumni—when faced with difficult challenges such as unpopular, hateful, or dangerous speech. Timely and vitally important, Speak Freely demonstrates why universities can succeed only by fostering more free speech, more free thought—and a greater tolerance for both.