This slow erosion of freedom of expression has come about in ways both social and legal. Before the 1960s, arguments for censorship tended to focus on sexual morality, pornography and obscenity. The censors themselves were usually depicted as benighted moral conservatives — priggish maiden aunts. Freedom of political speech, however, was regarded as sacrosanct by all. As legal restraints on obscenity fell away, however, freedom of political speech began to come under attack from a different kind of censor — college administrators, ethnic-grievance groups, gay and feminist advocates.
The new censors advanced such arguments as that “free speech can never be an excuse for racism.” These arguments are essentially exercises both in begging the question and in confusing it. While the principle of free speech cannot justify racism any more than it can disprove racism, it is the only principle that can allow us to judge whether or not particular speech is racist. Thus the censor’s argument should be reversed: “Accusations of racism can never be an excuse for prohibiting free speech.”
Meanwhile, the narrowly legal grounds for restricting speech changed, too. Since the 18th century, the basic legal justifications for restricting political speech and publication were direct incitement to harm, national security, maintaining public order, libel, etc. Content wasn’t supposed to be considered (though it was sometimes smuggled in under other headings).
Today, content is increasingly the explicit justification for restricting speech. The argument used, especially in colleges, is that “words hurt.” Thus, universities, parliaments, courts and various international bodies intervene promiscuously to restrict hurtful or offensive speech — with the results described above. In the new climate, hurtful speech is much more likely to be political speech than obscene speech.
John O’Sullivan, “No Offense: The New Threats to Free Speech”, Wall Street Journal, 2014-10-31.
November 6, 2015
QotD: The slow erosion of freedom of expression
October 27, 2015
QotD: The new censors
Governments began to treat those threatened for their opinions almost as harshly as those attacking them. Dutch legal authorities tried repeatedly, if unsuccessfully, to prosecute Mr. Wilders for “inciting hatred” with his film. He was briefly prohibited from entering Britain. In 2006, Tony Blair’s government passed the Racial and Religious Hatred Act — a kind of “blasphemy lite” law — ostensibly designed to protect all religions against threatening expression but generally understood as intended to limit hostile criticism of Islam. Both the U.S. and the European Union have entered into a dialogue in recent years with the 56 states of the Organization of the Islamic Conference, which is seeking an international law prohibiting blasphemy. In 2011, Secretary of State Hillary Clinton told the OIC that, while the First Amendment prevented the U.S. from prohibiting speech, the administration might still “use some old-fashioned techniques of peer pressure and shaming so that people don’t feel they have the support to do what we abhor.”
Admittedly, it is difficult to draw a clear line between criticism of an Islamic belief and an attack on Muslims who believe it. If you denounce a belief as absurd, you are implicitly criticizing the believers as credulous fools. Christians have to endure explicit denunciations of their faith all the time from such writers as Richard Dawkins and Sam Harris. And so they should. If you can’t stand the heat, don’t listen to hellfire sermons from atheists.
Hearing criticisms of your own convictions and learning the beliefs of others are training for life in a multifaith society. Preventing open debate means that all believers, including atheists, remain in the prison of unconsidered opinion. The right to be offended, which is the other side of free speech, is therefore a genuine right. True belief and honest doubt are both impossible without it.
It isn’t just some Muslims who want the false comfort of censoring disagreeable opinions. Far from it. Gays, Christians, feminists, patriots, foreign despots, ethnic activists — or organizations claiming to speak for them — are among the many groups seeking relief from the criticism of others through the courts, the legislatures and the public square.
John O’Sullivan, “No Offense: The New Threats to Free Speech”, Wall Street Journal, 2014-10-31.
October 12, 2015
The rise of the censors on campus
Ginni Thomas discusses free speech under attack with FIRE’s Greg Lukianoff.
“The battle over free speech is not partisan,” says a proud liberal whose organization helps a wide variety of clients facing free speech threats. He has spent fifteen years in the field as a fearless advocate who worked at the ACLU before coming to the Foundation for Individual Rights in Education (FIRE).
Greg Lukianoff, the President and CEO of FIRE, starts this 20 minute video interview for The Daily Caller by assessing global issues. “The international situation for freedom of speech is dire,” says Lukianoff, focusing on the emergence of blasphemy laws to not offend Islam.
This harks back to a previous Daily Caller interview with Steve Coughlin, author of “Catastrophic Failure,” who discussed the Organization of Islamic Cooperation’s Ten Year Program of Action to make Islamic speech codes the global speech standard. In America, this would entail making free speech conditional on not defaming Islam, a religion of less than 1 percent of the US population.
H/T to David Thompson for the link.
September 25, 2015
The anti-porn crusaders
J.R. Ireland on the modern day puritans who lose sleep because someone, somewhere, might possibly be looking at porn:
One thing that I have noticed a lot of advocates of sex-worker rights tend to miss though is the parallel between anti-prostitution arguments and anti-porn arguments. I think that the reason for this is simple — prostitution is still illegal, whereas pornography is not only legal, but very visible. It’s all over our computer screens, in fact, and can be found quickly and easily, provided you have the ability to engage in a simple Google search. That means that most pro-prostitution advocates avoid really talking about the issue of pornography, since it’s assumed that this is an issue we’ve already ‘won’ and which we don’t really need to continue babbling about.
Unfortunately, this ignores the fact that there is a burgeoning anti-porn movement that is coming not from the normal enemies of pornography on the right (i.e. Catholics, Baptists, Methodists, etc. who oppose porn on religious grounds), but from leftists who oppose porn on what are alleged to be left-wing grounds — fear of exploitation, a desire to prevent sex-trafficking, a distaste for the vulgar trappings of sexualized patriarchy, and so on.
Anti-Porn feminism is far more advanced in Britain than it is here since British feminists tend to be, and you’ll have to pardon my language, bug-fuck crazy nightmarish lunatics with fake degrees from mediocre universities and a level of self-loathing and insecurity unknown to the sane. It is from this leftist anti-porn position that the activist Gail Dines has arrived. In 2010, she wrote a book entitled Pornland: How Porn Has Hijacked Our Sexuality and since then she has been on the leading edge, the spear-tip, the vanguard of leftist opposition to pornography.
[…]
First, Dines tries to argue that ‘sexual assault centers in US colleges’ have ‘said that more women are reporting anal rape.’ Which sexual assault centers? Care to name them? Care to give me any sort of citation for this claim? Of course not — facts are for the patriarchy and we’re in the post-fact world of third wave feminism now!
Indeed, I find it somehow unlikely that sexual assault centers in US colleges are reporting an increase in rape given that American rape rates fell substantially between 1990 and the present:
Go look up any statistics on the incidence of rape and you will find them to be broadly similar — a spike in the 70s and 80s (which happened to coincide with a general increase in criminality) followed by a lengthy decline ever since. Now, were porn actually causing an increase in rape rates due to ‘sexualizing violence against women’ and ‘normalizing’ practices like rape, you would not have expected to find such an obvious decline in sexual assault rates, would you?
The second claim Dines makes is regarding the scary normalization of pedophilia which she claims is occurring directly resultant from porn involving teenagers. First of all, ‘teen porn’ does not ‘normalize pedophilia’ since the teenagers in teen porn are supposed to be 18 or 19 — in other words, post-pubescent and fully grown women. This isn’t even taking into consideration the fact that many actresses in teen porn are actually in their 20’s and are just ‘playing young,’ but we’ll ignore the fact that this is all fantasy anyway, since the fact that pornography isn’t based on reality seems to be a constant source of confusion for Gail Dines.
September 11, 2015
How about creating a truly open web?
Brewster Kahle on the need to blow up change the current web and recreate it with true open characteristics built-in from the start:
Over the last 25 years, millions of people have poured creativity and knowledge into the World Wide Web. New features have been added and dramatic flaws have emerged based on the original simple design. I would like to suggest we could now build a new Web on top of the existing Web that secures what we want most out of an expressive communication tool without giving up its inclusiveness. I believe we can do something quite counter-intuitive: We can lock the Web open.
One of my heroes, Larry Lessig, famously said “Code is Law.” The way we code the web will determine the way we live online. So we need to bake our values into our code. Freedom of expression needs to be baked into our code. Privacy should be baked into our code. Universal access to all knowledge. But right now, those values are not embedded in the Web.
It turns out that the World Wide Web is quite fragile. But it is huge. At the Internet Archive we collect one billion pages a week. We now know that Web pages only last about 100 days on average before they change or disappear. They blink on and off in their servers.
And the Web is massively accessible – unless you live in China. The Chinese government has blocked the Internet Archive, the New York Times, and other sites from its citizens. And other countries block their citizens’ access as well every once in a while. So the Web is not reliably accessible.
And the Web isn’t private. People, corporations, countries can spy on what you are reading. And they do. We now know, thanks to Edward Snowden, that Wikileaks readers were selected for targeting by the National Security Agency and the UK’s equivalent just because those organizations could identify those Web browsers that visited the site and identify the people likely to be using those browsers. In the library world, we know how important it is to protect reader privacy. Rounding people up for the things that they’ve read has a long and dreadful history. So we need a Web that is better than it is now in order to protect reader privacy.
September 5, 2015
QotD: The existential problem facing Reddit
Network effects are wonderful for a technology firm when it’s growing. Early movers can gain an advantage that is very hard to displace, because once everyone else is using Microsoft Word or a Playstation, there’s a cost to switching away. On the other hand, investors (and antitrust lawyers) often assume that network effects are more durable than they actually are. In fact, they can be quite fickle. Once your network starts shrinking, the collapse can be sudden, because every node that gets subtracted from your network makes it less valuable to the people who remain. Networks that start growing often start shrinking — and a modest decline can quickly prompt a stampede for the exits. Anyone remember MySpace?
And so the problem that Reddit has is this: Having attracted a bunch of people on the promise that they could say anything they wanted, the company risks alienating those people, shrinking the network and shrinking itself right out of existence. Reddit would probably be a better place if the fat-shaming hobbyists and racist trolls were surgically excised. But they won’t be; they’ll be forced out bluntly, along with others, and that will drive away many of the users Reddit would like to keep.
Deciding what is offensive is inherently a political act, because one man’s deep truth is often another person’s deep offense. To take one obvious example, do you treat conservative Christians who say terrible things about gay rights activists the same as gay rights activists who say terrible things about conservative Christians? Men’s rights activists the same as feminists?
We are all more attuned to the offenses against our own beliefs than we are to what may seem terribly offensive to others. And with the culture war raging hot, it is going to be very hard to make choices that don’t look as if you’re taking sides. Even if you try to be scrupulously fair, chances are that you will miss something, causing one side to understandably point out: “See, they crack down on us, but not on those equally offensive other people!”
Reddit is trying to avoid this by splitting the baby in half: designating much of the worst content as questionable, and then segregating it, but not banning it. It’s far from clear, however, that this compromise will work. I don’t think a lot of people are going to mourn when the racist subreddits are segregated. But those are among the most notorious cases precisely because most people can agree that racist epithets are not okay. The border cases are likely to be more numerous, and the decisions will convince some users that Reddit is not for them.
Megan McArdle, “Policing Reddit Could Kill Reddit”, Bloomberg View, 2015-07-17.
August 16, 2015
Wanted – challenging university education that won’t actually challenge any of my beliefs
Megan McArdle wants those (university) kids to get off her lawn:
If you’ve reached that crotchety age I’m at, you may be as mystified as I am by the kids these days — especially by how they’re behaving on campus. I get the naive leftist politics and the wildly irresponsible partying; those things have been staples of student life for hundreds of years. I even understand the drive toward hamfisted censorship of views they don’t like. […]
What I don’t understand is the tenor of the censorship. When I was in college, people who wanted to censor others were forthrightly moralistic, trying to silence “bad” speech. Today’s students don’t couch their demands in the language of morality, but in the jargon of safety. They don’t want you to stop teaching books on difficult themes because those books are wrong, but because they’re dangerous, and should not be approached without a trigger warning. They don’t want to silence speakers because their ideas are evil, but because they represent a clear and present danger to the university community. If the school goes ahead and has the talk anyway, they build safe spaces so that people can cower from the scary speech together.
Are ideas dangerous? Certainly their effects can be. Ideas like “Asbestos sure makes good insulation” and “Bleed patients to balance the humors” racked up quite a number of fatalities. But of course, the ideas themselves didn’t kill anyone; that was left to the people who put them into practice. The new language of campus censorship cuts out the middleman and claims that merely hearing wrong, unpleasant or offensive ideas is so dangerous to the mental health of the listener that people need to be protected from the experience.
During the time when people are supposed to be learning to face an often hard world as adults, and going through the often uncomfortable process of building their intellectual foundations, they are demanding to be sheltered from anything that might challenge their beliefs or recall unpleasant facts to their mind. And increasingly, colleges are accommodating them. Everything at colleges is now supposed to be thoroughly sanitized to the point of inoffensiveness — not only the coursework, but even the comedians who are invited to entertain the students.
July 21, 2015
July 15, 2015
The media and free speech coverage
At Popehat, Ken White explains what to look for in how the media subtly (or not-so-subtly) introduce pro-censorship memes when it covers free speech issues:
American journalists and pundits rely upon vigorous free speech, but are not reliable supporters of it. They both instruct and reflect their fickle audience.
It’s easy to spot overt calls for censorship from the commentariat. Those have become more common in the wake of both tumultuous events (like the violence questionably attributed to the “Innocence of Muslims” video, or Pamela Geller’s “Draw Muhammad” contest) and mundane ones (like fraternity brothers recorded indulging in racist chants).
But it’s harder to detect the subtle pro-censorship assumptions and rhetorical devices that permeate media coverage of free speech controversies. In discussing our First Amendment rights, the media routinely begs the question — it adopts stock phrases and concepts that presume that censorship is desirable or constitutional, and then tries to pass the result off as neutral analysis. This promotes civic ignorance and empowers deliberate censors.
Fortunately, this ain’t rocket science. Americans can train themselves to detect and question the media’s pro-censorship tropes. I’ve collected some of the most pervasive and familiar ones. This post is designed as a resource, and I’ll add to it as people point out more examples and more tropes.
July 1, 2015
QotD: The CRTC, Canada’s most fascistic government body
The CRTC is an even more odious organization. Back in 1920s both the Canadian and American governments declared the broadcast spectrum to be public property. So a technology pioneered and commercialized by the private sector, in both countries, was essentially nationalized by the state. Since it was a new industry it lacked the ability to effectively lobby Washington and Ottawa. The result has been that a large and important sector of our modern economy now lives and dies at the whim of an unelected government agency: The CRTC.
Of all the organs of Canadian government the CRTC has always struck me as the most fascistic. You could rationalize socialize health care, public education and government financed infrastructure as doing useful things in a terribly statist way. The CRTC is at an exercise in make work at best. At worse it’s an attempt to impose indirect censorship on the Canadian people. Beneath the reams of government drafted euphemisms the blunt truth behind the CRTC is that we mere Canadians are not clever enough, not patriotic enough or sufficiently sensible to watch and listen to the right things in the right way.
The existence of the CRTC explains much of the timorousness of Canadian broadcasting. The Americans did away with the Fairness Doctrine in 1987, thereby triggering the explosion in talk radio in the early 1990s. While Canada never had an exact equivalent, the regulations surrounding who could and could not receive or retain a license were sufficiently vague to make such a rule unnecessary. A nod and a wink from the right people at the right time was enough to indicate what type of broadcasting would or would not be acceptable.
The result was an insufferable group think that could no more be defined than challenged. There were unwritten rules of etiquette that forbade serious discussion from talking place on a whole host of issues: Abortion, capital punishment, race relations, linguistic issues and any frank discussions of our socialized health care system. It wasn’t that these discussions didn’t take place in a public forum, the newspapers and magazines were largely unregulated, but broadcasting was the late twentieth century’s pre-eminent mass media. It’s where ordinary people got their news and opinions.
Richard Anderson, “And All Must Have Prizes”, The Gods of the Copybook Headings, 2014-09-24.
May 25, 2015
May 22, 2015
May 19, 2015
QotD: The iron law of bureaucrats
I should say I’m no free-speech absolutist. I think the notion that we should treat pole dancing like constitutionally protected speech while we try to ban actual political speech is just one of the loopiest manifestations of our popular confusion over the First Amendment. In fact, government support for the arts doesn’t offend me in theory, it’s just how they do it in practice that bothers me.
Specifically, I cannot stand the way New Class bureaucrats think they must be autonomous from the taxpayers who pay their salaries. Imagine if we lived in anything like the “Christianist” theocracy so many lefties live in quaking fear of. Evangelical bureaucrats would likely fund art they liked. The professional Bohemians would shriek — with some justification — that the state was imposing its values on the rest of us. But when those same people are in driving the gravy train, they think there’s nothing wrong — and everything right — with imposing their values.
Of course, this is a problem that extends far beyond outposts like the National Endowment for the Arts (NEA). Public teachers’ unions and ed-school priests hate the idea that parents and other taxpayers should have a real say in how education money is spent. Bureaucrats in general have become a kind of secular aristocracy that resents second-guessing by the people who fund their will-to-power.
When voters say that bureaucrats shouldn’t spend money on X, the bureaucrats shriek “censorship!” But it is only the equivalent of censorship if you work from the assumption that it’s all the government’s money anyhow. As Bill Clinton once said about the federal surplus, “We could give it all back to you and hope you spend it right.” But if we did, alas, not enough of you would spend it on urophagic art.
Jonah Goldberg, “Bureaucrats Use Taxpayer Money to Subsidize Their Own Values — and No One Else’s”, National Review, 2015-05-09.
April 27, 2015
QotD: Where to use trigger warnings
The strongest argument against trigger warnings that I have heard is that they allow us to politicize ever more things. Colleges run by people on the left can slap big yellow stickers on books that promote conservative ideas, saying “THIS BOOK IS RACIST AND CLASSIST”, and then act outraged if anyone requests a trigger warning that sounds conservative – like a veteran who wants one on books that vilify or mock soldiers, or a religious person who wants one on blasphemy. Then everyone has to have a big fight, the fight makes everyone worse off than either possible resolution, and it ends with somebody feeling persecuted and upset. In other words, it’s an intellectual gang sign saying “Look! We can demonstrate our mastery of this area by only allowing our symbols; your kind are second-class citizens!”
On the other hand, this is terribly easy to fix. Put trigger warnings on books, but put them on the bullshytte page. You know, the one near the front where they have the ISBN number and the city where the publishers’ head office is and something about the Library of Congress you’ve never read through even though it’s been in literally every book you’ve ever seen. Put it there, on a small non-colorful sticker. Call it a “content note” or something, so no one gets the satisfaction of hearing their pet word “trigger warning”. Put a generally agreed list of things – no sense letting every single college have its own acrimonious debate about it. The few people who actually get easily triggered will with some exertion avoid the universal human urge to flip past the bullshytte page and spend a few seconds checking if their trigger is in there. No one else will even notice.
Or if it’s about a syllabus, put it on the last page of the syllabus, in size 8 font, after the list of recommended reading for the class. As a former student and former teacher, I know no one reads the syllabus. You have to be really devoted to avoiding your trigger. Which is exactly the sort of person who should be able to have a trigger warning while everyone else goes ahead with their lives in a non-political way.
Scott Alexander, “The Wonderful Thing About Triggers”, Slate Star Codex, 2014-05-30.
April 12, 2015
The Great Firewall of China has a new capability
At The Register, Shaun Nichols talks about the new, weaponized Great Firewall of China:
China has upgraded the website-blocking systems on its borders, dubbed The Great Firewall, so it can blast foreign businesses and orgs off the internet.
Researchers hailing from the University of Toronto, the International Computer Science Institute, the University of California Berkeley, and Princeton University, have confirmed what we’ve all suspected: China is hijacking web traffic entering the Middle Kingdom to overpower sites critical of the authoritarian state.
Typically, connections to web servers in the People’s Republic must pass through the nation’s border routers, which may inject malicious JavaScript into the fetched web pages. This code forces victims’ browsers to silently and continuously fire requests at selected targets.
These sites may end up being overwhelmed and crash as a result — a classic denial of service — meaning no one in the world can access them.
It is a clear case of China engineering a way to knock arbitrary websites off the internet for everyone, it seems.
Such an attack was launched last month at California-based GitHub.com, which was hosting two projects that circumvented the Great Firewall’s censorship mechanisms, and GreatFire.org, a website dedicated to fighting China’s web blocking. GitHub mitigated the assault to mostly stay online.
This weaponized firewall has been dubbed the Great Cannon by the researchers, and typically hijacks requests to Baidu’s advertising network in China. Anyone visiting a website that serves ads from Baidu, for example, could end up unwittingly silencing a foreign site disliked by the Chinese authorities.
