The Philadelphia Statement on free and open discourse in the marketplace of ideas is one I fully support. Here is the statement:
"Social Media mobs. Cancel culture. Campus speech policing.
These are all part of life in today’s America. Freedom of
expression is in
crisis. Truly open
discourse—the debates, exchange of ideas, and arguments
on which the
health and flourishing
of a democratic
republic crucially depend—is
increasingly rare. Ideologues
demonize opponents to
block debates on important issues and to silence people with whom they
disagree.
We must ask
ourselves: Is this the
country we want? Surely not. We want—and
to be true to ourselves we need—to be a nation in which we and our
fellow citizens of many different faiths, philosophies, and persuasions can speak their minds and
honor their deepest convictions without fear of punishment and retaliation.
If we seek a brighter future, we must relearn a fundamental
truth: Our liberty and our happiness depend upon the maintenance of a public culture in which
freedom and civility coexist—where people can disagree robustly, even fiercely, yet treat each other
as human beings—and, indeed, as fellow citizens—not
mortal enemies. “Liberty is
meaningless where the
right to utter
one’s thoughts and opinions
has ceased to
exist,” Frederick Douglass
declared in 1860.
Indeed, our liberal democracy is rooted in and dependent
upon the shared understanding that all people have inherent dignity and worth, and that they must
be treated accordingly. A society that lacks comity and allows people to be shamed
or intimidated into self-censorship of their ideas and
considered judgments will not survive for long.
As Americans, we desire a flourishing, open marketplace of ideas, knowing
that it is the fairest and most effective way to separate falsehood from truth. Accordingly,
dissenting and unpopular voices—be they of the left or the right—must be afforded the opportunity to be
heard. They have often guided our society toward more just positions, which is why Frederick Douglass
said freedom of speech is the “great moral renovator of society and government.”
The American tradition of freedom of expression, complete
with its attendant responsibilities, is our school for democratic citizenship. It trains us to think
critically, to defend our ideas, and, at the same time, to be considerate of others whose creeds
and convictions differ from our own. It enables us to learn from, and peacefully live with, one
another despite differences. It further instills in us an understanding that the mere exposure to
ideas we find offensive is not an act of “violence.” And it admonishes us that if we value the
freedom of expression, we must extend the same measure of freedom to others, even to those whom we
believe have gone very wrong in their thinking.
Tragically, we are losing these defining features of our
democracy. Common decency and free speech are being dismantled through the stigmatizing practice of blacklisting ideological opponents, which has taken on the conspicuous form of “hate” labeling.
Responsible organizations are castigated as
“hate groups.” Honest people
of good faith are branded “hate
agents.” Even mainstream ideas are marginalized as “hate speech.” This threatens our ability to listen, discuss, debate, and grow.
Blacklisting is spreading. Corporations are enacting
“hate-speech” policies to protect people from “wrong” and “harmful” content. Similarly, colleges and
universities are imposing speech regulations to make
students “safe,” not
from physical harm, but from challenges to campus orthodoxy.
These policies and
regulations assume that we as citizens are unable to think for
ourselves and to
make independent judgments.
Instead of teaching us
to engage, they foster conformism (“groupthink”) and train us
to respond to intellectual challenges with one or another form of censorship.
Humanity has
repeatedly tried expunging
undesirable beliefs and
ideas. What self-appointed speech arbiters, whether in the majority or
in the minority, fail to grasp is that they will likely eventually become the
targets. The winds inevitably
shift, sometimes rapidly. The
question is whether civility
norms and free-speech
safeguards will remain in place to protect
them, or whether they will become
victims of the dangerous precedents they themselves have established and advanced.
To be sure, our
free speech tradition
is not absolutist.
It does not embrace
certain, limited categories of
speech, such as defamation, obscenity, intimidation and threats, and incitement to violence. Yet the idea of “hate speech”
exceptions to free speech principles is foreign to our free speech
ideals, impossible to define, and often used by those
wielding political,
economic, or cultural power to silence
dissenting voices. That is why we must favor openness, to allow ideas and beliefs the chance to be
assessed on their own merits; and we must be willing to trust that bad ideas will be corrected not
through censorship but through better arguments.
If we seek to change our country’s trajectory; if we desire
unity rather than division; if we want a political life that is productive and inspiring; if we
aspire to be a society that is pluralistic and free, one in which we can forge our own paths and live
according to our own consciences, then we must renounce
ideological blacklisting and
recommit ourselves to
steadfastly defending freedom of speech and passionately promoting robust civil
discourse."
This wonderful statement reflects my understanding of the University as a free marketplace of ideas. Inclusive leaders in the law embrace civil debate and reject the cancel culture. The remedy for speech you dislike is not censorship but counter-speech.