In my new book, The Indispensable Right: Free Speech in an Age of Rage,” I write about a global anti-free speech movement that is now sweeping over the United States. While not the first, it is in my view the most dangerous movement in our history due to an unprecedented alliance of government, corporate, academic, and media forces. That fear was amplified this week with polling showing that years of attacking free speech as harmful has begun to change the views of citizens.
As discussed in the book, our own anti-free speech movement began in higher education where it continues to rage. It then metastasized throughout our politics and media. It is, therefore, not surprising to see the new Knight Foundation-Ipsos study revealing a further a decline in students’ views concerning the state of free speech on college campuses.
The study shows that 70 percent of students “believe that speech can be as damaging as physical violence.” It also shows the impact of speech codes and regulations with two out of three students reporting that they “self-censor” during classroom discussions.
Not surprisingly, Republican students are the most likely to self-censor given the purging of conservative faculty and the viewpoint intolerance shown on most campuses.
Some 49 percent of Republican students report self-censoring on three or more topics. Independents are the second most likely at 40 percent. Some 38 percent of Democrats admit to self-censuring.
Sixty percent of college students strongly or somewhat agree that “[t]he climate at my school or on my campus prevents some people from saying things they believe, because others might find it offensive.”
The most alarming finding may be that only 54 percent of students believe that colleges should “allow students to be exposed to all types of speech even if they may find it offensive or biased.” That figure stood at 78 percent in 2016.
The poll follows similar results in a new poll by the Foundation for Individual Rights and Expression (FIRE) of the population as a whole. It found that 53% of Americans believe that the First Amendment goes too far in protecting rights. So there is now a majority who believe that the First Amendment, including their own rights, should be curtailed.
The most supportive of limiting free speech are Democrats at a shocking 61%. However, a majority (52%) of Republicans also agreed.
Roughly 40% now trust the government to censor speech, agreeing that they trust the government “somewhat,” “very much,” or “completely” to make fair decisions about what speech should be disallowed.
It is no small feat to convince a free people to give up their freedoms. They have to be afraid or angry. These polls suggest that they appear both very afraid and very angry.
It is the result of years of indoctrinating students and citizens that free speech is harmful and dangerous. We have created a generation of speech phobics who are willing to turn their backs on centuries of struggle against censorship and speech codes.
Anti-free speech books have been heralded in the media. University of Michigan Law Professor and MSNBC legal analyst Barbara McQuade has written how dangerous free speech is for the nation. Her book, “Attack from Within,” describes how free speech is what she calls the “Achilles Heel” of America, portraying this right not as the value that defines this nation but the threat that lurks within it.
McQuade and many on the left are working to convince people that “disinformation” is a threat to them and that free speech is the vehicle that makes them vulnerable.
This view has been pushed by President Joe Biden who claims that companies refusing to censor citizens are “killing people.” The Biden administration has sought to use disinformation to justify an unprecedented system of censorship.
Recently, the New York Times ran a column by former Biden official and Columbia University law professor Tim Wu describing how the First Amendment was “out of control” in protecting too much speech.
Wu insists that the First Amendment is now “beginning to threaten many of the essential jobs of the state, such as protecting national security and the safety and privacy of its citizens.” He claims that the First Amendment “now mostly protects corporate interests.”
There is even a movement afoot to rewrite the First Amendment through an amendment. George Washington University Law School Professor Mary Anne Franks believes that the First Amendment is “aggressively individualistic” and needs to be rewritten to “redo” the work of the Framers.
Her new amendment suggestion replaces the clear statement in favor of a convoluted, ambiguous statement of free speech that will be “subject to responsibility for abuses.” It then adds that “all conflicts of such rights shall be resolved in accordance with the principle of equality and dignity of all persons.”
Franks has also dismissed objections to the censorship on social media and insisted that “the Internet model of free speech is little more than cacophony, where the loudest, most provocative, or most unlikeable voice dominates . . . If we want to protect free speech, we should not only resist the attempt to remake college campuses in the image of the Internet but consider the benefits of remaking the Internet in the image of the university.”
Franks is certainly correct that those “unlikeable voices” are less likely to be heard in academia today. As discussed in my book, faculties have largely cleansed with the ranks of conservative, Republican, libertarian, and dissenting professors through hiring bias and attrition. In self-identifying surveys, some faculties show no or just a handful of conservative or Republican members.
The discussion on most campuses now runs from the left to far left without that pesky “cacophony” of opposing viewpoints.
One of the most dangerous and successful groups in this anti-free speech movement has been Antifa. I testified in the Senate on Antifa and the growing anti-free speech movement in the United States. I specifically disagreed with the statement of House Judiciary Committee Chairman Jerry Nadler that Antifa (and its involvement in violent protests) is a “myth.”
In the meantime, Antifa continues to attack those with opposing views and anti-free speech allies continue to “deplatform” speakers on campuses and public forums. “Your speech is violence” is now a common mantra heard around the country.
Faculty continue to lead students in attacking pro-life and other demonstrators.
Antifa is now so popular in some quarters that it recently saw two members elected to the French and European parliaments.
Antifa is at its base a movement at war with free speech, defining the right itself as a tool of oppression. It is laid out in Rutgers Professor Mark Bray’s “Antifa: The Anti-Fascist Handbook” in which he emphasizes the struggle of the movement against free speech: “At the heart of the anti-fascist outlook is a rejection of the classical liberal phrase that says, ‘I disapprove of what you say but I will defend to the death your right to say it.’”
Bray quotes one Antifa member as summing up their approach to free speech as a “nonargument . . . you have the right to speak but you also have the right to be shut up.”
However, the most chilling statement may have come from arrested Antifa member Jason Charter after an attack on historic statues in Washington, D.C. After his arrest, Charter declared “The Movement is winning.” As these polls show, he is right.
Reprinted with permission from JonathanTurley.org.
