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.
 
Leave aside if you can the sensible objection that the offence principle justifies the censoring of political debates — for do not many politically committed people find the views of their opponents "exceptionally offensive"? — and instead look at the boomerang that has whirled back through the air to smack the children of the 1960s in the face. They knew that racists, homophobes and misogynists were bad people with terrible ideas, and too few worried about the ground they were conceding when they accepted excessive restrictions on free speech. They ought to know better now.

Because they decided that they must do more than fight bad ideas with better ideas, and allowed "offence" to a supposedly marginalised faith or racial group, rather than actual harm, to be grounds for censorship, they could not defend liberal principles against faith groups that were racist, homophobic and misogynist.

Meanwhile on the libertarian Right, utopians think that writing a book about freedom of speech is not so much pernicious as pointless. Why bother when new technology has moved us into a new world, the liberalism of which would make Mill blink with astonishment? Debates about blasphemy, privacy, hate-speech, libel and  official and corporate secrecy are leftovers from the analogue age. The wonder of the web has dispatched the concerns of the past to the dustbin of history. Now we can write what we want and no one can stop us.

Censors can try, of course. But when they do, they will find that they cannot contain the web. Look at the Arab revolutions where it allowed the rebels to break the dictatorships' information monopolies. Or look at WikiLeaks, the journalistic phenomenon of the age. It dumped masses of confidential information on to the internet about the American war in Afghanistan and the American war in Iraq and the American prison at Guantánamo Bay and the American State Department. America, the most powerful country in the world, could not stop it. WikiLeaks was based in Sweden, beyond America's control, although everyone in America with access to the internet could read what it published.

If Stanley Fish is an extreme representative of authoritarian liberalism, the American futurologist Clay Shirky represents extreme techno-utopianism. The internet, he cried, was delivering freedoms that men and women once needed liberal constitutions and democratic governments to guarantee. "To speak online is to publish, and to publish online is to connect with others. With the arrival of globally accessible publishing, freedom of speech is now the freedom of the press and freedom of the press is freedom of assembly. Naturally the changes occasioned by new sources of freedom are most significant in a less free environment."
 
We all feel that way sometimes. When we hear that a Premier League footballer has secured a superinjunction to stop details of his energetic adulteries appearing, we look to the web to supply us with the details. When we want to check a fact or research a problem, we believe in Google's illusion of omniscience and click on its home page.

I do not underestimate the advances in knowledge. Like all previous revolutions in communications technology, the web will change the world. But, like all previous revolutions in communications technology, it will give advantages to those who already enjoy power and wealth. As well as empowering the citizens of democracies and dissidents in dictatorships, it empowers elected governments, dictatorial regimes, police forces, spies, employers, blackmailers, frauds, fanatics and terrorists. The new technologies are Janus-faced. The future may be one of greater information-sharing and informed collective action as people exploit new resources or, as is the case in China, Belarus and Iran, one of suspicion as citizens understand the growing likelihood of computer-enabled surveillance. What happens will depend on where you live, what rights you have, and how persistently you and your fellow citizens engage in political struggles to defend or expand those rights. It will depend most of all on what arguments we have.

So despite the objections, I have published You Can't Read This Book: Censorship in an Age of Freedom (Fourth Estate, £12.99). It is easy enough to explain why. No one can write well unless they believe in a book's importance. A sincere conviction in the necessity of telling your story offers no guarantee of quality-many terrible books have a horribly misguided sincerity behind them-but without it, the task is hopeless. This rule applies as much to novels that the high-minded dismiss as trash as literary fiction. The first person an author has to sell a book to is himself or herself, and if he or she can't believe in it, no one else will. In my case, I've been a journalist for 30 years and debates about what I can or cannot write have been a part of my life. It seemed a natural subject.

How one writes about such a broad topic is a harder question to answer. Conservatives said I should condemn political correctness. As I do not want to go back to a country where jokes about the niggers, the Pakis, the yids and the micks were all over the television, I haven't, but instead looked at the failure of frightened liberals in the West to back censored liberal writers from the poor world. Ayatollah Khomeini's death threat against Salman Rushdie still casts its shadow, and I argue that fear of a violent reaction has created a culture of pretence in the Western democracies. The grand pose of intellectuals and artists is that they are the moral equivalents of the victims of repressive regimes. Loud-mouthed newspaper columnists strike heroic postures and claim to be dissenting voices bravely "speaking truth to power". Their editors never have to worry that "power" will respond by raiding their offices and throwing them in prison.

Publicly-funded comedians and state-subsidised playwrights claim to be the edgy breakers of taboos as they denounce wars and government collusion with corporations. They never fear that government will respond by cutting their grants. Few admit that what makes liberal democracies liberal is that "power" will not throw you in prison, whether you speak the truth to it or not, and that taboos have been broken for so long that the most "edgy" thing an artist can do is to uphold them. If the transgressive came clean, they would accept that they lampoon the bigotry of Christianity and the wickedness of Western governments because they know that Christians are not so bigoted and Western leaders are not so wicked that they would retaliate by trying to kill them, while the Islamists on whose behalf they self-censor just might. Their fear means that they cannot support liberal Muslims and ex-Muslims in Egypt or Iran — or, to come closer to home, Bethnal Green and Bow. From Rushdie onwards we have seen the spectacle of liberal Westerners condemning or ignoring dissident Muslim and ex-Muslim artists when their (and our) theocratic enemies seek to silence them.

If political correctness means an unbending support for the rights of women, gays and minorities to speak out against and ruthlessly satirise religion, then I am saying that the trouble with our culture is not that it is politically correct, but that it is nowhere near politically correct enough.


Left-wing friends told me to concentrate on attacking Fox News. I sighed and included a small section explaining why freedom of speech can be compatible with retaining controls on the accuracy and balance of television — a hard case to make now that spectrum scarcity has ended, but one I think I can still argue. Researching it did not stop me regarding the obsessions about the biases of the Murdoch empire on one side and the biases of liberal broadcasters on the other as silly distractions. If the prejudices of media corporations ever did sway voters — and there is little evidence that they did — that power has gone. The web has shattered the business models and fragmented the audiences of the old press barons, and we will not see their kind again.

Instead of obsessing about them, Left and Right should worry that neither the old nor new media warned about the financial crisis that has engulfed our world. The reason for the monumental failure of journalism and democratic oversight is simple. Every time you go to work you leave a democracy and enter a dictatorship. Nowhere is the citizens' right to speak out so constrained. If you confront the hierarchy, you will be fired and in all likelihood never work in your field again because no other manager will want a "troublemaker" on his "team".

In the Royal Bank of Scotland, many knew that their CEO was leading them to disaster. None went to the press or the authorities. At HBOS, one risk manager did his job by warning that the bank was taking extraordinary risks. His boss fired him. I should not have to remind you that the taxpayer has had to bail out both banks. In America it was the same story. Staff at AIG, which insured worthless subprime derivatives, lived in terror of contradicting their CEO. The only one who did was fired too, and the American taxpayer had to come to the rescue shortly afterwards.

We are living through the collapse of old orthodoxies and the bankrupting of old hierarchies. It will pass, as all crises pass, but a better future will come only when we accept that people have a right — indeed a duty — to speak out against all the collectivist blocs of faith, ethnic identity, corporate hierarchy and state that have betrayed us so thoroughly.
View Full Article
 
Share/Save
 
 
 
 
Anon 1
July 8th, 2013
3:07 PM
Freedom of speech workplace is not only under threat from the people at the top, but from any over sensitive political activist. The "equality act" 2010 is the most ironically named bit of legislation ever - it says "intolerant person can silence tolerant people and tolerant peole have no say or comeback to question this". The trouble is, we allowed an inoccuous seeming piece of very generic legislation through parliament when we would never have allowed through legislation to specifically ban any of the million and one things the "liberals" (more irony here) feel they have to object to and get banned. Consider how much time we all spend at work and you realise the hold the vile freedom stealers have already clamped upon us, with an attitude of suspicion and hear. The HR departments have become the new secret police, and they have us all spying on each other.

Anonymous
April 8th, 2012
2:04 PM
Nicholas Cohen is so right! One only has to observe the Soviet KGB style of British Press Censorship which masquerades under the titles "Moderation" and "Moderated By...". The "Moderators" are professional censors obeying the demands of upper management. It is truly sad that a protest comment, such as this one, will never get past the "Moderators".

Anonymous
February 6th, 2012
3:02 PM
re: Daniel Lionsden The makers of Love Thy Neighbour had the same worthy motives as those of Till Death Us Do Part. They deliberately had both male characters spout racist statements but during every episode they were in the same pub or each other's houses. Their wives got along just fine and frequently stepped in to force the men to see sense. I guess the makers hoped to deflate the racists insults by having both male characters use them equally. It reinforced the underlying similarities of both couples - we're all the same.

Dr Howard Fredrics
January 15th, 2012
9:01 PM
It appears from this article that Nick Cohen has written what promises to be a fascinating book. Alas, it also appears that his book will ignore the other "elephant in the room," the misuse and abuse of anti-harassment laws in Britain to silence free speech and to chill discourse of public concern. Public officials, wealthy individuals and companies in Britain remain able to harness the powers of the police and Crown Prosecution to pursue publishers who would dare to expose demonstrable wrongdoing by these officials and individuals. What would be considered normal discourse in the US creates more embarrassment than can be borne by members of the British hierarchy. Although some of these prosecutions have ultimately failed, albeit only after nearly bankrupting their targets, one recent one against a man of modest means, 74 year old retired science teacher, Ian Burgess, has thus far succeeded. I encourage readers to familiarize themselves with the following case story, which appeared only in a local newspaper in Surrey:- http://www.surreycomet.co.uk/news/kingston/9460542.Science_teacher_fails...

christian
January 13th, 2012
10:01 AM
Very interesting article by Nick Cohen. My only beef is with the British habit of adapting American political labels. Stanley Fish isn't a 'liberal', although that's what they call him in the US: he is a radical authoritarian socialist of the worst kind. To call him 'liberal' would no doubt have Mill and his philosophical brethren turning in their graves.

Gavin
January 9th, 2012
6:01 PM
No intention to engage with Cohen's ideas here, rather just to point out the irony of a free speech champion who edits and truncates to suit his point. The interview with Stanley Fish that Cohen quotes is available here: http://www.australianhumanitiesreview.org/archive/Issue-February-1998/fi... Here is the full extract: The correct response to a vision or a morality that you despise is not to try and cure it or to make its adherents sit down and read John Stuart Mill's On Liberty, that's not going to do the job. The only way to fight hate speech or racist speech is to recognize it as the speech of your enemy and what you do in response to the speech of your enemy is not prescribe a medication for it but attempt to stamp it out. So long as Critical Race Theory and others fall into the liberal universalist assumption of regarding hate speech as some kind of anomaly which could be recognized as such by everyone, they're going to lose the game. They will win the game only if they really try to win it, rather than falling in with Justice Brandeis' pronouncement that "Sunshine is the best disinfectant". Cohen truncates the stuff about political struggle between citizens, and runs the snippet that suits him into this: "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". In other words, Cohen attributesan argument about calling for 'state repression'that Fish did not make. Now read Cohen again on free speech.

Daniel Lionsden
January 8th, 2012
4:01 PM
"I do not want to go back to a country where jokes about the niggers, the Pakis, the yids and the micks were all over the television, I haven't..." The hoary old canard of inventing supposed thought-crimes in the past is useful in justifying repression and censorship in the present; indeed re-writing history was one of Winston Smith's chief functions. When was the time when all these anti-nigger, paki etc jokes rife all over TV? It certainly did not exist before Alf Garnet who was an anti-Conservative propaganda tool created by far left fanatic Jonny Speight. So the Left create the stereotype and then pose as the solution. Thus the leftist BBC introduced to Britain (and to the English speaking world, since Garnett was soon taken to America as Archie Bunker) a new strain in shock comedy unknown before then. This easy-laugh strategy was largely not taken up afterwards except in a tiny few notorious and unsuccessful shows such as Love Thy Neighbour. Hardly 'all over the tv' was it? As usual the exception is taken as the norm.

kb
December 29th, 2011
12:12 PM
"Conservatives said I should condemn political correctness. As I do not want to go back to a country where jokes about the niggers, the Pakis, the yids and the micks were all over the television, I haven't..." Then, sadly, your book is fundamentally flawed. It is perhaps harder to counter implicit censorship than the more usual kind. At least a D-Notice is signed by a committee or a superinjunction a judge. Who decreed that Alan Hansen should lose his job because his vocabulary wasn't sufficiently zeitgeisty?

Anna M
December 27th, 2011
6:12 PM
Not sure wherethis man has been, but this kind of political corectness gone mad analysis doesn't really correspond with recent world events. This really is turning in to a hobby horse for a certain kind of lapsed leftist journalist. Not sure why Cohen's fundamentalist right to offend and insult, is any better than what he argues against. Both different side of the same coin. A little sophisticated thinking is required to get us out of the dilemma. This not particularly useful controbutuion. Which of course may what our culture wars warrior is after. With us or againt. Neitehr thanks.

L Casell
December 26th, 2011
10:12 AM
Yes, what the world has been lacking is hostility to Islam, of the vague undifferentiated . One can't have enough. Bound to help, accusing others, with out seeing the rest of the dialogue. Perhaps Cohen wants another war like Iraq. That is sure to help. This is neither helpful or insightful. Just more of the same.

Post your comment

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