You are here:   Censorship > We Only Pretend to Defend Free Speech
 

 
Not-so-brave new world: After Rushdie's fatwa, fear of violent reaction silenced liberal critics of Islam (Clint Spaulding/AP/Press Association Images)

Why write a defence of freedom of speech? The postmodern Left regards the idea as pernicious and contemptible. Few go as far as the American literary theorist Stanley Fish, author of There's No Such Thing as Free Speech: And It's a Good Thing, Too, who announced, "The only way to fight hate speech or racist speech is to recognise it as the speech of your enemy. What you do in response to the speech of your enemy is not prescribe a medication for it but attempt to stamp it out." But the professor is hardly the only "liberal" to believe that the state has the right to suppress offensive speech as if it were crushing an insurrection.

Laws and taboos against upsetting the tender-minded are everywhere. Polite society, by which I mean not only successive governments, but the wider bureaucracy and mainstream opinion, holds that it is wrong to cause offence, even to those whose views are offensive; wicked to be disrespectful even of those who are not worthy of respect. You can see today's censorious tendency at work in the explosions of fury on the internet and in the mainstream media modern Britons enjoy when they seek distraction from the economic crisis. The complainants do not merely wish to deliver well-deserved condemnations of Jeremy Clarkson, Jonathan Ross and other celebrity oafs. They want them punished or fired, or in the case of the Twitter users who posted a homophobic columnist's home address online, they appear to want them dead as well.

The classical liberal John Stuart Mill believed that the law could only punish the direct incitement to a crime. In his example, when agitators claimed that corn dealers starved the poor, the state had no right to silence them. Only if the agitators said the same to an angry mob gathered outside a corn dealer's home could the police move in. Mill does not say that the law should punish the incitement of hatred against corn dealers. Even if their critics made their neighbours despise them as rapacious capitalists, even if the criticism was unfair and caused them financial harm, corn dealers could not go to court.

How many liberals believe in Mill's liberalism today? Most reject his tolerant injunctions because they want to defend the social revolution of the late 20th century. They are opposed to racism, homophobia and misogyny for good reason, and know that the struggles against them extend human freedom. Whereas Mill would only allow the police to arrest a demagogue causing direct harm by whipping up a mob outside a mosque or a gay bar, they want to regulate writing and speech which does not directly cause crime in the name of a greater good. To use the phrase of the philosopher Joel Feinberg, they have replaced Mill's "harm principle" with an "offence principle", which holds that societies are allowed to punish speech that people find exceptionally offensive.
View Full Article
 
Share/Save
 
 
 
 
MazalUK
December 25th, 2011
10:12 AM
Once again Nick Cohen has hit the nail on the head. All the anti-Jewish lobby demand that THEIR voice be heard, but the Israel Philharmonic Orchestra cannot play at the Albert Hall and high profile speakers from Israel are barracked into oblivion by these advocates of free speech. The Nazis also had free speech - but only for those that supported their regime.

Post your comment

CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.