Quotulatiousness

March 24, 2015

The Thought Police on the academia beat

Filed under: Liberty, Politics, USA — Tags: , , , — Nicholas @ 05:00

A fascinating … and disturbing … post from a Tumblr blog called White Hot Harlots on the pervasive fear among some academics. Not fear of the troglodytes of the right, but fear of their own students:

Personally, liberal students scare the shit out of me. I know how to get conservative students to question their beliefs and confront awful truths, and I know that, should one of these conservative students make a facebook page calling me a communist or else seek to formally protest my liberal lies, the university would have my back. I would not get fired for pissing off a Republican, so long as I did so respectfully, and so long as it happened in the course of legitimate classroom instruction.

The same cannot be said of liberal students. All it takes is one slip — not even an outright challenging of their beliefs, but even momentarily exposing them to any uncomfortable thought or imagery — and that’s it, your classroom is triggering, you are insensitive, kids are bringing mattresses to your office hours and there’s a twitter petition out demanding you chop off your hand in repentance.

Is paranoid? Yes, of course. But paranoia isn’t uncalled for within the current academic job climate. Jobs are really, really, really, really hard to get. And since no reasonable person wants to put their livelihood in danger, we reasonably do not take any risks vis-a-vis momentarily upsetting liberal students. And so we leave upsetting truths unspoken, uncomfortable texts unread.

There are literally dozens of articles and books I thought nothing of teaching, 5-6 years ago, that I wouldn’t even reference in passing today. I just re-read a passage of Late Victorian Holocausts, an account of the British genocide against India, and, wow, today I’d be scared if someone saw a copy of it in my office. There’s graphic pictures right on the cover, harsh rhetoric (“genocide”), historical accounts filled with racially insensitive epithets, and a profound, disquieting indictment of capitalism. No way in hell would I assign that today. Not even to grad students.

March 6, 2015

QotD: Persecuting political heretics

Filed under: Government, Politics, Quotations, USA — Tags: , , , , — Nicholas @ 01:00

It seems to be forgotten that the current American theory that political heresy should be put down by force, that a man who disputes whatever is official has no rights in law or equity, that he is lucky if he fares no worse than to lose his constitutional benefits of free speech, free assemblage and the use of the mails it seems to be forgotten that this theory was invented, not by Dr. Wilson, but by Roosevelt. Most Liberals, I suppose, would credit it, if asked, to Wilson. He has carried it to extravagant lengths; he is the father superior of all the present advocates of it; he will probably go down into American history as its greatest prophet. But it was first clearly stated, not in any Wilsonian bull to the right-thinkers of all lands, but in Roosevelt’s proceedings against the so-called Paterson anarchists. You will find it set forth at length in an opinion prepared for him by his Attorney-General, Charles J. Bonaparte, another curious and almost fabulous character, also an absolutist wearing the false whiskers of a democrat. Bonaparte furnished the law, and Roosevelt furnished the blood and iron. It was an almost ideal combination; Bonaparte had precisely the touch of Italian finesse that the Rough Rider always lacked. Roosevelt believed in the Paterson doctrine in brief, that the Constitution does not throw its cloak around heretics to the end of his days. In the face of what he conceived to be contumacy to revelation his fury took on a sort of lyrical grandeur. There was nothing too awful for the culprit in the dock. Upon his head were poured denunciations as violent as the wildest interdicts of a mediaeval pope.

The appearance of such men, of course, is inevitable under a democracy. Consummate showmen, they arrest the wonder of the mob, and so put its suspicions to sleep. What they actually believe is of secondary consequence; the main thing is what they say; even more, the way they say it. Obviously, their activity does a great deal of damage to the democratic theory, for they are standing refutations of the primary doctrine that the common folk choose their leaders wisely. They damage it again in another and more subtle way. That is to say, their ineradicable contempt for the. minds they must heat up and bamboozle leads them into a fatalism that shows itself in a cynical and opportunistic politics, a deliberate avoidance of fundamentals. The policy of a democracy thus becomes an eternal improvisation, changing with the private ambitions of its leaders and the transient and often unintelligible emotions of its rank and file.

H.L. Mencken, “Roosevelt: An Autopsy”, Prejudices, Second Series, 1920

March 4, 2015

Free speech on campus

Filed under: Britain, Liberty, Politics — Tags: , , , — Nicholas @ 04:00

Published on 2 Mar 2015

Time to stop indulging privileged militant “progressive” puritan student bigots.

February 5, 2015

Regulating the internet … in the name of fairness

Filed under: Government, Liberty, Media, Technology, USA — Tags: , , , — Nicholas @ 04:00

At Coyote Blog, Warren Meyer is starting to think that a large number of internet fans are idiots:

So, out of the fear […] that some people will get better service than others — something that, oh by the way, has never really happened so is entirely hypothetical — you are urging on a regulatory regime originally designed for land-line phone companies, a technology that basically went unchanged for decades at a time. The phones that were in my home at my birth in 1962 were identical to the one in my dorm room when AT&T was broken up in 1982. Jesus, we are turning the Internet into a public utility — name three innovations from an American public utility in the last 40 years. Name one.

And all you free-speech advocates, do you really think the Feds won’t use this as a back-door to online censorship? We are talking about the same agency that went into a tizzy when Janet Jackson may have accidentally on purpose shown a nipple on TV. All that is good with TV today — The Sopranos, Game of Thrones, Arrested Development, etc. etc. etc. results mainly from the fact that cable is able to avoid exactly the kind of freaking regulation you want to impose on the Internet.

Here is my official notice — you have been warned, time and again. There will be no allowing future statements of “I didn’t mean that” or “I didn’t expect that” or “that’s not what I intended.” There is no saying that you only wanted this one little change, that you didn’t buy into all the other mess that is coming. You let the regulatory camel’s nose in the tent and the entire camel is coming inside. I guarantee it.

January 5, 2015

Britain’s social media police … are really the police

Filed under: Britain, Law, Liberty, Media — Tags: , , , , , — Nicholas @ 03:00

James Bloodworth on the attempt by British police forces to extend their role beyond actual crime prevention to virtual crime detection:

At some point saying “offensive” things online stopped being a social faux pas and became a potentially criminal act.

Dare to be rude about the wrong person or group and, in a bad parody of Erich Honecker’s East Germany, you could hear the knock on the door in the middle of the night and be dragged off to some dreary police cell for questioning.

I exaggerate of course, but not much: around 20,000 people in Britain have been investigated in the past three years for comments made online, with around 20 people a day being looked into by the forces of the law, according to figures obtained under the Freedom of Information Act.

The overused Orwellian cliché has finally become the reality: Big Brother in the form of an overzealous and under regulated police force really is watching you. As Police Scotland terrifyingly informed us this week, “Please be aware that we will continue to monitor comments on social media and any offensive comments will be investigated.”

November 25, 2014

The rise of the Stepford Students

Brendan O’Neill is disturbed that the very people who should be most welcoming of intellectual challenge and alternative points of view are the very ones who are most militant about “safe spaces” and allowing no platform to dissenting views:

Have you met the Stepford students? They’re everywhere. On campuses across the land. Sitting stony-eyed in lecture halls or surreptitiously policing beer-fuelled banter in the uni bar. They look like students, dress like students, smell like students. But their student brains have been replaced by brains bereft of critical faculties and programmed to conform. To the untrained eye, they seem like your average book-devouring, ideas-discussing, H&M-adorned youth, but anyone who’s spent more than five minutes in their company will know that these students are far more interested in shutting debate down than opening it up.

[…]

If your go-to image of a student is someone who’s free-spirited and open-minded, who loves having a pop at orthodoxies, then you urgently need to update your mind’s picture bank. Students are now pretty much the opposite of that. It’s hard to think of any other section of society that has undergone as epic a transformation as students have. From freewheelin’ to ban-happy, from askers of awkward questions to suppressors of offensive speech, in the space of a generation. My showdown with the debate-banning Stepfords at Oxford and the pre-crime promoters at Cambridge echoed other recent run-ins I’ve had with the intolerant students of the 21st century. I’ve been jeered at by students at the University of Cork for criticising gay marriage; cornered and branded a ‘denier’ by students at University College London for suggesting industrial development in Africa should take precedence over combating climate change; lambasted by students at Cambridge (again) for saying it’s bad to boycott Israeli goods. In each case, it wasn’t the fact the students disagreed with me that I found alarming — disagreement is great! — it was that they were so plainly shocked that I could have uttered such things, that I had failed to conform to what they assume to be right, that I had sought to contaminate their campuses and their fragile grey matter with offensive ideas.

Where once students might have allowed their eyes and ears to be bombarded by everything from risqué political propaganda to raunchy rock, now they insulate themselves from anything that might dent their self-esteem and, crime of crimes, make them feel ‘uncomfortable’. Student groups insist that online articles should have ‘trigger warnings’ in case their subject matter might cause offence.

[…]

Stepford concerns are over-amplified on social media. No sooner is a contentious subject raised than a university ‘campaign’ group appears on Facebook, or a hashtag on Twitter, demanding that the debate is shut down. Technology means that it has never been easier to whip up a false sense of mass outrage — and target that synthetic anger at those in charge. The authorities on the receiving end feel so besieged that they succumb to the demands and threats.

Heaven help any student who doesn’t bow before the Stepford mentality. The students’ union at Edinburgh recently passed a motion to ‘End lad banter’ on campus. Laddish students are being forced to recant their bantering ways. Last month, the rugby club at the London School of Economics was disbanded for a year after its members handed out leaflets advising rugby lads to avoid ‘mingers’ (ugly girls) and ‘homosexual debauchery’. Under pressure from LSE bigwigs, the club publicly recanted its ‘inexcusably offensive’ behaviour and declared that its members have ‘a lot to learn about the pernicious effects of banter’. They’re being made to take part in equality and diversity training. At British unis in 2014, you don’t just get education — you also get re-education, Soviet style.

November 19, 2014

QotD: Celebrate conformity

Filed under: Liberty, Politics, Quotations — Tags: , , — Nicholas @ 00:01

I heard a lot of that kind of talk during my battles with the Canadian ‘human rights’ commissions a few years ago: of course, we all believe in free speech, but it’s a question of how you ‘strike the balance’, where you ‘draw the line’… which all sounds terribly reasonable and Canadian, and apparently Australian, too. But in reality the point of free speech is for the stuff that’s over the line, and strikingly unbalanced. If free speech is only for polite persons of mild temperament within government-policed parameters, it isn’t free at all. So screw that.

But I don’t really think that many people these days are genuinely interested in ‘striking the balance’; they’ve drawn the line and they’re increasingly unashamed about which side of it they stand. What all the above stories have in common, whether nominally about Israel, gay marriage, climate change, Islam, or even freedom of the press, is that one side has cheerfully swapped that apocryphal Voltaire quote about disagreeing with what you say but defending to the death your right to say it for the pithier Ring Lardner line: ‘“Shut up,” he explained.’

A generation ago, progressive opinion at least felt obliged to pay lip service to the Voltaire shtick. These days, nobody’s asking you to defend yourself to the death: a mildly supportive retweet would do. But even that’s further than most of those in the academy, the arts, the media are prepared to go. As Erin Ching, a student at 60-grand-a-year Swarthmore College in Pennsylvania, put it in her college newspaper the other day: ‘What really bothered me is the whole idea that at a liberal arts college we need to be hearing a diversity of opinion.’ Yeah, who needs that? There speaks the voice of a generation: celebrate diversity by enforcing conformity.

Mark Steyn, “The slow death of free speech”, The Spectator, 2014-04-19

November 12, 2014

“We’re just wild and [ableist slur], aren’t we?”

Filed under: Liberty, Media, USA — Tags: , , , — Nicholas @ 07:56

Susan Kruth on what can happen in the wonderful world of academia when free speech can’t even be used on a panel on free speech:

So what exactly happened at Smith? Smith President Kathleen McCartney, moderating the panel, asked about the line between free speech and hate speech. Torch readers know such a line doesn’t exist. Kaminer said, regarding what’s allowed in the classroom, that there’s a difference between students cursing at each other and students using words in the context of a discussion — for example, talking about the use of “the n-word” in Adventures of Huckleberry Finn. She prompted the audience: “When I say, ‘n-word,’ … what word do you all hear in your head?” and proceeded to repeat the answer she got from the audience, remarking that “nothing horrible happened” when she did so. Some students, however, not only condemned Kaminer for uttering the word but also argued that McCartney should have intervened.

Smith’s student newspaper The Smith Sophian later published a transcript of the panel that both prefaces the content with a trigger warning and censors a number of potentially explicit words, to the point that, in some cases, it’s not clear at first glance what was said. This censored transcript is therefore itself an excellent example of how censorship hurts dialogue. All instances of “nigger” are written as “[n-word].” Kaminer’s use of the word “cunt”—which she used one time, to clarify a student’s reference to “the c-word,” was written as “[c-word],” resulting in this line in the transcript:

    WK: And by, “the c-word,” you mean the word [c-word]?

Clarification was evidently needed, considering that another c-word was also censored from the transcript:

    Kathleen McCartney: … We’re just wild and [ableist slur], aren’t we?

That’s right, wild and crazy. It took my colleagues and me a moment to figure that one out (it is audible in the audio recording of the panel). Despite this word apparently being too offensive to reproduce in the transcript, it was spoken by all three of the other panelists besides Kaminer, in addition to President McCartney.

This kind of censorship serves only to distract from the real dialogue that was happening among panel members and the audience at Smith. It is the Sophian’s editors’ prerogative to cut words from its reporting, but to do so is counterproductive. Newspapers exist to provide information, and censorship inhibits that goal. It also cannot be justified in the name of safety, since no reasonable person could interpret the publication of an accurate transcript as threatening.

November 4, 2014

Alongside Nineteen Eighty-Four‘s “Freedom is Slavery”, we can now add “Censorship is Free Speech”

Filed under: Liberty, Media, Religion, USA — Tags: , , , , — Nicholas @ 07:45

Sean Collins on the spectacle of the birthplace of the Free Speech Movement demanding that speakers must not say “hurtful” things, lest students be upset:

Students at the University of California, Berkeley, are demanding that the administration ‘disinvite’ comedian Bill Maher who had been asked to be the commencement ceremony speaker in December. An online petition from the Middle Eastern, Muslim and South Asian Coalition (MEMSA) declares that Maher ‘has made statements that are blatantly bigoted and racist’, in particular about Islam. Examples of ‘hate speech’ cited by the petitioners include Maher’s recent statement that ‘Islam is the only religion that acts like the mafia, that will fucking kill you if you say the wrong thing’.

In response to the clamour for Maher’s disinvitation, the undergraduate committee at UC Berkeley responsible for selecting speakers voted to rescind the invitation to Maher. But the university administration announced the invitation will stand.

The controversy resonates historically at Berkeley. The university is currently celebrating the fiftieth anniversary of the Free Speech Movement (FSM), a coalition of Berkeley staff and students who fought for free-speech rights for students on campus. ‘I guess they don’t teach irony in college any more’, quipped Maher, in response to his disinvitation.

Maher does not have a ‘right’ to speak at Berkeley’s ceremony; this is not a First Amendment issue. But the campaign to remove him as the speaker at the graduation event is thoroughly censorious and antithetical to the free exchange of ideas. Trying to silence certain views is especially problematic at universities, institutions in which students are expected to engage with a variety of ideas. The attempt to oust Maher is part of a regressive anti-intellectual trend. In the past year alone, there has been a wave of speakers – including Condoleezza Rice, Christine Lagarde, Ayann Hirsi Ali and George Will – who have had invitations rescinded or who decided to decline following protests.

The slogan used by the UC Berkeley campaign against Maher is ‘Free Speech, Not Hate Speech’. This formulation is a contradiction in terms: if you seek to prevent certain speech – say on the grounds of being ‘hateful’ – then you do not support free speech. Alongside Nineteen Eighty-Four’s ‘Freedom is Slavery’, we can now add ‘Censorship is Free Speech’.

QotD: Democracies need freedom of speech

Filed under: Liberty, Politics, Quotations — Tags: , , — Nicholas @ 00:01

In the New Statesman, Sarah Ditum seemed befuddled that the ‘No Platform’ movement — a vigorous effort to deny public platforms to the British National party and the English Defence League — has mysteriously advanced from silencing ‘violent fascists’ to silencing all kinds of other people, like a Guardian feminist who ventured some insufficiently affirming observations about trans-women and is now unfit for polite society. But, once you get a taste for shutting people up, it’s hard to stop. Why bother winning the debate when it’s easier to close it down?

Nick Lowles defined the ‘No Platform’ philosophy as ‘the position where we refuse to allow fascists an opportunity to act like normal political parties’. But free speech is essential to a free society because, when you deny people ‘an opportunity to act like normal political parties’, there’s nothing left for them to do but punch your lights out. Free speech, wrote the Washington Post’s Robert Samuelson last week, ‘buttresses the political system’s legitimacy. It helps losers, in the struggle for public opinion and electoral success, to accept their fates. It helps keep them loyal to the system, even though it has disappointed them. They will accept the outcomes, because they believe they’ve had a fair opportunity to express and advance their views. There’s always the next election. Free speech underpins our larger concept of freedom.’

Mark Steyn, “The slow death of free speech”, The Spectator, 2014-04-19

October 29, 2014

Passionate about #gamergate? Ken White has a few thoughts for you to ponder

Filed under: Gaming, Media, USA — Tags: , , , , — Nicholas @ 00:03

The Popehat grand poobah suspects that if you’re passionate about #gamergate, you’re probably wrong … or at least, wrong-headed about your passions:

GamerGate is label-heavy, and labels are lazy, obfuscating bullshit.

Labels are supposed to be shorthand for collections of ideas. I might say “I am libertarian-ish” because it’s not practical to go around announcing the whole array of views I hold about demolishing public roads and privatizing the air force and so forth. This, up to a point, is useful.

It stops being useful when we argue over labels instead of over ideas. Take, for instance, “feminist.” A person who describes themselves as “feminist” might associate that term with their grandmother being the first woman in the family to go to college and their mother defying a sexist boss in a male-dominated job and the development of laws saying women can’t be relentlessly harassed in the workplace or fired for being women.1 Someone who routinely criticizes “feminism” might be thinking of Andrea Dworkin saying all heterosexual sex is coercive, or that time a woman snapped at him when he held a door open, or the time someone embarrassed his friend by saying his joke was sexist. When these two people use the term “feminist” in an argument, they are talking past each other and engaging with strawmen rather than ideas. The feminist is engaging the anti-feminist as if he opposes women in the workplace or supports gender-based hiring, which he doesn’t necessarily. The anti-feminist is engaging the feminist as if she thinks all marital sex is rape and as if she thinks jokes should get him fired, which she doesn’t necessarily. Neither is really engaging in the particular issue at hand — because why would you engage with a person who holds such extreme views? Why would it matter if the person you are arguing with has an arguable point on a specific issue, if they also necessarily (based on labels) stand for everything you hate?

Oh, and reacting before thinking (or instead of it)?

People are going to say things about your favorite parts of the culture. Some of these things will be stupid or wrong. It is swell to use more speech to disagree with, criticize, or ridicule the criticism. But when you become completely and tragicomically unbalanced by the existence of cultural criticism, or let it send you into a buffoonish spiral of resentful defensiveness, people may not take you seriously. Rule of thumb: a reasoned rebuttal of wrong-headed cultural criticism mostly likely won’t require you to use the word “cunt.”

There are ten points Ken covers in the original post. I really do recommend that you read it all. By my count, he gores everyone’s ox by the time he’s at point four (and by point five, he’s blaming Canada in the footnotes).

October 26, 2014

Andrew Sullivan on the end of gamer culture

Filed under: Gaming, Media, USA — Tags: , , , , — Nicholas @ 00:02

Andrew Sullivan carefully dips his toes into the #gamergate war:

Andrew Sullivan on the end of gamer culture

Many readers have warned me not to dip a toe into the gamergate debate, which, so far, we’ve been covering through aggregation and reader-input. And I’m not going to dive headlong into an extremely complex series of events, which have generated huge amounts of intense emotion on all sides, in a gamer culture which Dish readers know far, far better than I. But part of my job is to write and think about burning current web discussions – and add maybe two cents, even as an outsider.

So let me make a few limited points. The tactics of harassment, threats of violence, foul misogyny, and stalking have absolutely no legitimate place in any discourse. Having read about what has happened to several women, who have merely dared to exercise their First Amendment rights, I can only say it’s been one of those rare stories that still has the capacity to shock me. I know it isn’t fair to tarnish an entire tendency with this kind of extremism, but the fact that this tactic seemed to be the first thing that some gamergate advocates deployed should send off some red flashing lights as to the culture it is defending.

Second, there’s a missing piece of logic, so far as I have managed to discern, in the gamergate campaign. The argument seems to be that some feminists are attempting to police or control a hyper-male culture of violence, speed, competition and boobage. And in so far as that might be the case, my sympathies do indeed lie with the gamers. The creeping misandry in a lot of current debates – see “Affirmative Consent” and “Check Your Privilege” – and the easy prejudices that define white and male and young as suspect identities (because sexism!) rightly offend many men (and women).

There’s an atmosphere in which it has somehow become problematic to have a classic white, straight male identity, and a lot that goes with it. I’m not really a part of that general culture – indifferent to boobage, as I am, and bored by violence. But I don’t see why it cannot have a place in the world. I believe in the flourishing of all sorts of cultures and subcultures and have long been repulsed by the nannies and busybodies who want to police them – whether from the social right or the feminist left.

But – and here’s where the logic escapes me – if the core gamers really do dominate the market for these games, why do they think the market will stop catering to them? The great (and not-so-great) thing about markets is that they are indifferent to content as such. If “hardcore gamers” skew 7 -1 male, and if corporations want to make lots of money, then this strain of the culture is hardly under threat. It may be supplemented by lots of other, newer varieties, but it won’t die. Will it be diluted? Almost certainly. Does that feel like an assault for a group of people whose identity is deeply bound up in this culture? Absolutely. Is it something anyone should really do anything about? Nah. Let a thousand variety of nerds and post-nerds bloom. And leave Kenny McCormick alone. This doesn’t have to be zero-sum.

September 4, 2014

The new absolutism

Filed under: Environment, Liberty, Media, Science — Tags: , , , — Nicholas @ 09:12

Brendan O’Neill on the rise of the absolutist mindset in science:

Who do you think said the following: “I always regret it when knowledge becomes controversial. It’s clearly a bad thing, for knowledge to be controversial.” A severe man of the cloth, perhaps, keen to erect a forcefield around his way of thinking? A censorious academic rankled when anyone criticises his work? Actually, it was Brian Cox, Britain’s best-known scientist and the BBC’s go-to guy for wide-eyed documentaries about space. Yes, terrifyingly, this nation’s most recognisable scientist thinks it is a bad thing when knowledge becomes the subject of controversy, which is the opposite of what every man of reason in modern times has said about knowledge.

Mr Cox made his comments in an interview with the Guardian. Discussing climate change, he accused “nonsensical sceptics” of playing politics with scientific fact. He helpfully pointed out what us non-scientific plebs are permitted to say about climate change. “You’re allowed to say, well I think we should do nothing. But what you’re not allowed to do is to claim there’s a better estimate of the way that the climate will change, other than the one that comes out of the computer models.” Well, we are allowed to say that, even if we’re completely wrong, because of a little thing called freedom of speech. Mr Cox admits that his decree about what people are allowed to say on climate change springs from an absolutist position. “The scientific view at the time is the best, there’s nothing you can do that’s better than that. So there’s an absolutism. It’s absolutely the best advice.”

It’s genuinely concerning to hear a scientist — who is meant to keep himself always open to the process of falsifiabilty — describe his position as absolutist, a word more commonly associated with intolerant religious leaders. But then comes Mr Cox’s real blow against full-on debate. “It’s clearly a bad thing, for knowledge to be controversial”, he says. This is shocking, and the opposite of the truth. For pretty much the entire Enlightenment, the reasoned believed that actually it was good — essential, in fact — for knowledge to be treated as controversial and open to the most stinging questioning.

QotD: Freedom of speech

Filed under: Liberty, Quotations — Tags: , — Nicholas @ 00:01

I’ve always been in favor of freedom of expression, but lately I’ve become a free-speech absolutist. It takes all sorts to make a world and I’ve met a lot of them over the years, and I can stand pretty much anything anyone says about anything — until someone says to me, “You can’t say that.” At which point my inclination is to punch his lights out. I do this not just because I’m a violent psychopath with a hair-trigger temper, but to make the important point that in societies where you’re not free to speak your mind — to argue and debate — the only way to express disagreement is through violence.

Mark Steyn, “Yes, We Can (Say That)”, SteynOnline, 2014-02-08

September 2, 2014

QotD: Shouting “fire” in a crowded theatre

Filed under: Law, Liberty, Quotations, USA, WW1 — Tags: , — Nicholas @ 07:10

First, there’s the shoutout to Oliver Wendell Holmes, Jr.:

    There is no freedom to shout “fire” in a crowded theater.

Back in 2012 I wrote at length about the context for that Holmes quote. First of all, Professor Rosenbaum — like most Holmes fans — truncates the quote to render it vague. What Holmes actually said was “[t]he most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.”

But more importantly, Professor Rosenbaum — like most who misquote Holmes — ignores the context. To summarize rather than make you read my lengthy post: (1) Holmes made the analogy in deciding a shockingly brutal and censorious series of cases that are no longer good law, in which the Supreme Court gave the government free reign to jail people who criticized or agitated against American participation in World War I; (2) Holmes later repented of that position, undermined that line of cases through decisions he wrote or joined, and articulated a far more speech-protective line of authority that remains the law today, and (3) if you are fond of Holmes’ rhetorical flourishes, you ought to know he was the sort of statist asshole who said things like “three generations of imbeciles are enough” whilst upholding the right of the government forcibly to sterilize people deemed undesirable.

In other words, when you throw around the “shout fire in a crowded theater” quote, you’re echoing the rhetoric of a tyranny-cheerleader whose logic was later abandoned by everyone, including himself.

Ken White, “Professor Thane Rosenbaum Deceptively Carries On The Tradition of Censorship-Cheerleading”, Popehat, 2014-02-03

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