I have to say that I’ve been pretty disappointed the past few days with those readers who have said that Nazi and white supremacist speech should be banned, and that the U.S. should enact “hate speech” laws, similar to those in Canada and some European countries, making certain sentiments simply illegal to express in public. Likewise with symbols like Nazi flags with swastikas. The reasons offered were that such “hate speech” is likely to cause violence, either now or in the future. These people were, in effect, asking for a reinterpretation of the First Amendment, which allows all public speech save that that constitutes personal harassment in the workplace, is defamatory, or is a direct instigation of violence on the spot: “fighting words”.
How quickly liberals become authoritarians and opponents of free speech when they hear speech that they consider vile!
Well, what happened in Charlottesville was not a violation of the First Amendment, and the violence arose not because the right-wingers called for people to attack blacks, Jews, or immigrants. It happened because both sides came looking for a confrontation, carried guns or clubs, and the police, unprepared, did a lousy job of planning and keeping the groups apart. Had the bigots and Nazi sympathizers just marched, and not said a word, the same thing would have happened. Would you object to the mere presence of such people as a provocation?
And if you say that pro-Nazi speech or Holocaust denialism should be banned because it will lead to a revival of Nazi Germany, that’s simply not a credible view since the threat isn’t even remotely there, and, more imporant, what stifles the threat is free speech against Nazi speech. If you ban white supremacist and bigoted speech, it does not get rid of pro-white, anti-Jewish and anti-black sentiments; it merely drives them underground where they fester. Remember, some of the first acts the Nazis did when they got power was to prevent speech criticizing the government, and to persecute and kill people who spoke out against them.
This clip shows how foolish white supremacists look when they’re allowed to air their views. This is an interview by Christopher Hitchens of white supremacist and head of the White Aryan Resistance John Metzger (and his more notorious father Tom, who calls in). Can anybody worry about the country becoming ruled by these people when they’re allowed to speak freely and be criticized freely?
And if you say, well, Trump could put these “Nazis” in power, so we’ll become like National Socialist Germany, then the best remedy against that is to allow Americans to speak freely against the government. Thanks to the First Amendment, the Trump regime cannot simply ban speech to criticizing a fascist or authoritarian regime.
Others say, “Well, hate-speech laws have worked well in Europe and Canada, so let’s have them here.” But how do you know they’ve “worked”? Have they eliminated hatred and bigotry? Where are the data? Have the absence of such laws in the U.S. led to more violence in our country, or is any increased violence the result of other factors like less restrictive gun laws? Where are your data showing that the First Amendment is an inferior alternative to “hate speech” laws?
This raises the problem, one that Hitchens often emphasized (see video below), that if YOU decide that some speech is so vile it must be banned, you are establishing a principle that those in power can do the same thing; and that raises the possibility that speech that you favor can be banned. After all, one person’s hate speech is another person’s free speech. Speech that criticizes Islam, or even cartoons like Jesus and Mo, are seen by some Muslims as “hate speech” just as vile as people see white supremacist or pro-Nazi speech. Those Muslims see “our” free criticism of Islam as verbal violence, likely to instigate attacks on Muslims in Western countries. Do not doubt that; we’ve heard these sentiments repeatedly. Do you think that if Linda Sarsour were (Ceiling Cat help us) President of the United States, she wouldn’t try to ban anti-Islam “hate speech”? Should we then ban Jesus and Mo or any criticism of Islam? No! If you give an authority the right to be The Decider, then don’t be surprised when that Decider finds some speech you favor to be “hateful” and therefore worthy of banning.
I’m not a huge fan of Glenn Greenwald, largely for the way he discounts Islam as a cause of terrorism, but we have to admit that sometimes our ideological opponents get something right. And on the issue of free speech, Glenn Greenwald got it right in his new piece on The Intercept, “The misguided attacks on the ACLU for defending neo-Nazis’ free speech rights in Charlottesville“.
Even before the bigots and Right-wingers showed up in Charlottesville, the American Civil Liberties Union (ACLU) was in court defending the right of the white supremacists to assemble in Emancipation Park, where the statue of Robert E. Lee was to be removed (the city wanted to sequester the demonstrators a mile away). And although the supremacists hadn’t uttered a word, the ACLU was already being criticized for defending these people, as it had been severely criticized a while back for defending Milo Yiannopoulos because ads for his new book had been banned on public transit.
It’s a sad day when censorship-favoring readers need to be schooled by Glenn Greenwald about the reasons why we permit Nazis to speak in America, but here’s part of what he says:
The flaws and dangers in this anti-free speech mindset are manifest, but nonetheless always worth highlighting, especially when horrific violence causes people to want to abridge civil liberties in the name of stopping it. In sum, purporting to oppose fascism by allowing the state to ban views it opposes is like purporting to oppose human rights abuses by mandating the torture of all prisoners.
One of the defining attributes of fascism is forcible suppression of views(“For Ur-Fascism, disagreement is treason,” wrote Umberto Eco); recall that one of Trump’s first proposals after winning the 2016 election was to criminalize flag desecration. You can’t fight that ideology by employing and championing one of its defining traits: viewpoint-based state censorship. Even if this position could be morally justified, those who favor free speech suppression, or who oppose the ACLU’s universal defense of speech rights, will create results that are the exact opposite of those they claim to want. It’s an indescribably misguided strategy that will inevitably victimize themselves and their own views.
Let’s begin with one critical fact: the ACLU has always defended, and still does defend, the free speech rights of the most marginalized left-wing activists, from communists and atheists, to hardcore war opponents and pacifists, and has taken up numerous free speech causes supported by many on the left and loathed by the right, including defending the rights of Muslim extremists and even NAMBLA. That’s true of any consistent civil liberties advocate: we defend the rights of those with views we hate in order to strengthen our defense of the rights of those who are most marginalized and vulnerable in society.
The ACLU is primarily a legal organization. That means they defend people’s rights in court, under principles of law. One of the governing tools of courts is precedent: the application of prior rulings to current cases. If the ACLU allows the state to suppress the free speech rights of white nationalists or neo-Nazi groups — by refusing to defend such groups when the state tries to censor them or by allowing them to have inadequate representation — then the ACLU’s ability to defend the free speech rights of groups and people that you like will be severely compromised.
It’s easy to be dismissive of this serious aspect of the debate if you’re some white American or non-Muslim American whose free speech is very unlikely to be depicted as “material support for terrorism” or otherwise criminalized. But if you’re someone who cares about the free speech attacks on radical leftists, Muslims, and other marginalized groups, and tries to defend those rights in court, then you’re going to be genuinely afraid of allowing anti-free speech precedents to become entrenched that will then be used against you when it’s time to defend free speech rights. The ACLU is not defending white supremacist groups but instead is defending a principle — one that it must defend if it is going to be successful in defending free speech rights for people you support.
. . . Beyond that, the contradiction embedded in this anti-free speech advocacy is so glaring. For many of those attacking the ACLU here, it is a staple of their worldview that the U.S. is a racist and fascist country and that those who control the government are right-wing authoritarians. There is substantial validity to that view.
Why, then, would people who believe that simultaneously want to vest in these same fascism-supporting authorities the power to ban and outlaw ideas they dislike? Why would you possibly think that the List of Prohibited Ideas will end up including the views you hate rather than the views you support? Most levers of state power are now controlled by the Republican Party, while many Democrats have also advocated the criminalization of left-wing views. Why would you trust those officials to suppress free speech in ways that you find just and noble, rather than oppressive?
As I wrote in my comprehensive 2013 defense of free speech in The Guardian, this overflowing naïveté is what I’ve always found most confounding about the left-wing case against universal free speech: this belief that state authorities will exercise this power of censorship magnanimously and responsibly: “At any given point, any speech that subverts state authority can be deemed — legitimately so — to be hateful and even tending to incite violence.”
Greenwald reproduces a tweet from Trump that shows the dangers of allowing someone to be The Decider:
Nobody should be allowed to burn the American flag – if they do, there must be consequences – perhaps loss of citizenship or year in jail!
— Donald J. Trump (@realDonaldTrump) November 29, 2016
He concludes with this:
Then, finally, there’s the argument about efficacy. How can anyone believe that neo-Nazism or white supremacy will disappear in the U.S., or even be weakened, if it’s forcibly suppressed by the state? Is it not glaringly apparent that the exact opposite will happen: by turning them into free speech martyrs, you will do nothing but strengthen them and make them more sympathetic? Literally nothing has helped Yiannopoulos become a national cult figure more than the well-intentioned (but failed) efforts to deny him a platform. Nothing could be better designed to aid their cause than converting a fringe, tiny group of overt neo-Nazis into some sort of poster child for free speech rights.
The need to fight neo-Nazism and white supremacy wherever it appears is compelling. The least effective tactic is to try to empower the state to suppress the expression of their views. That will backfire in all sorts of ways: strengthening that movement and ensuring that those who advocate state censorship today are its defenseless targets tomorrow. And whatever else is true, the impulse to react to terrorist attacks by demanding the curtailment of core civil liberties is always irrational, dangerous, and self-destructive, no matter how tempting that impulse might be.
If you think that your own left-wing sentiments are immune to speech bans, have a look at this piece in yesterday’s New York Times by a black woman whose Leftist speech has been disrupted or banned, and who gives instances of other progressives who have been subjects of calls for censorship.
Finally, if you’re still not convinced that the way the U.S. has defined and enforced freedom of speech has been salubrious, either read John Stuart Mill’s On Liberty, or, if you don’t have the time, listen to this very eloquent defense of free speech by Christopher Hitchens. It’s only 21 minutes long, and I’ve posted it before, but apparently some readers could stand to see it again:
h/t: Grania, Charleen

















