Showing posts with label free speech. Show all posts
Showing posts with label free speech. Show all posts

Friday, April 11, 2014

Is pushing people with intolerant views to resign just another form of intolerance?

When the CEO of Mozilla recently stepped down amid anger about his political views, many on the political left and right worried that this was a sign of intolerance, a sort of totalitarian progressivism. Is it?

 Philosophers call it the “paradox of tolerance”: defending tolerance may require intolerance of intolerance. Is this liberalism turning illiberal? 

Liberal democracies like the United States protect citizens’ freedom of speech, religion, and conscience. So you should be free to argue against gay marriage, right? Absolutely, at least as far as the government and laws are concerned. You are also free to believe and argue that all blacks should be deported to Africa if you like. Being a bigot is not a crime. But that doesn’t mean others cannot be angered by your beliefs and protest against them. Legal rights and protections put limits on the government, not the people. Views the majority in society see as distasteful will be punished in the court of public opinion. You are not protected from the consequences of your speech, only from the government trying to suppress it. That majority may be wrong, of course, but more on that below. 

The second problem is when people say things like “isn’t pushing a person out of a job because of his/her beliefs just as bad as doing the same to a gay person?” Frankly, no. Sexuality, like race, sex, gender, physical capabilities, ethnicity, etc. are immutable aspects of identity. They are NOT beliefs. Arguing with someone, pushing them out of a job, refusing them service, etc. on the basis of their identity is discrimination. It is unfair, unjustified, and unjustifiable in most circumstances (you may want a black actor to play a black role in a movie, so there are a few exceptions, of course). Beliefs are changeable and, unlike identities, they may be harmful to others. 

The harm caused by beliefs is how we judge where to draw lines. This is highly problematic, however. Throughout history, people have been harassed, cast out of societies, and even killed because they held beliefs that challenged the status quo. This continues today, though in “liberal” countries people, thankfully, are usually not killed for their beliefs. We rightly condemn racist beliefs. We also limit freedom of religion and speech when these may harm others, for example when Christian Scientists deny their children life-saving medical treatment or when fundamentalists incite violence in the name of their god(s).

But people have been treated poorly for all manner of beliefs many in society thought were harmful at the time. Where do we draw the line? The test is harm. Does preventing gays from marrying cause harm? Those effected would surely say so (take me, who was prevented for 10 years from moving back to my home country due to marriage and immigration discrimination). Does believing the sun is at the center of the solar system? Not directly, but if it spread, it would damage the progress of knowledge that benefits humanity. Likewise, creationism is not harmful unless it spreads by being taught to children who are then deprived of a proper education. You are thus free to teach your children creationism, but the government should not teach things for which there is a consensus that they are not true. At the same time, such beliefs should not be “respected” in the sense that they remain unchallenged. This is how a liberal society functions.

 What do I mean by “challenge”? The judgment about which beliefs are harmful will always, to some extent, be subjective and relative to current social conditions. Try as we might, we cannot escape the societal context in which we exist and cannot see things completely “objectively.” Harm is a good guiding principle, but it is imperfect. In most cases, the best move is to counter ideas rather than people. The best way to do that is through open debate. This means exercising our right to free speech to call out things we consider harmful. Beyond what the law says, however, we also need to listen and take time to consider. 

As for Eich, a gay commentator on the Colbert Report, an American comedy talk show with a large following, recently opined that protesting against and boycotting the state of Arizona for its proposed anti-gay law was OK, but suggested that what happened to Eich was not. In fact, Mozilla customers angry about its CEO’s political views protested and boycotted, exercising their rights to free speech and their economic right to choose. There was nothing illiberal about it. A portion of the United States has come to realize that preventing same-sex couples from marrying is just as wrong as preventing any other two consenting adults from doing so. Saying otherwise is increasingly indefensible (literally: there are no good reasons for it, that side has lost the debate). That is free speech and open debate in action, resulting in intolerance of an intolerant view. A liberal democracy in action, in other words.

Thursday, October 3, 2013

When don't we have to respect others' opinions?

"I'm entitled to my opinion" is something people say when they've started to get offended. The correct response to this may be "sure, sorry," or "yes, you are. Now, as I was saying..." depending on what you're talking about. It should be the former if you find yourself in some stupid argument about taste, like "chocolate ice cream is definitely better than vanilla." If it's about something with objective elements, then fair game, as long as you're concentrating on those. But it's not so easy, right?

Since my readers are mostly liberal, I'll start of with an example in which a liberal shut down a discussion because he viewed it as offensive. There was an article about "new germ theory." The author argued that many diseases we believe are genetic cannot possibly be so because anything that reduces the likelihood that you will reproduce even by 1% will be eliminated from the gene pool within x (I don't remember the number) generations. He thus argued that diseases like MS, heart disease, and many cancers were caused by viruses. (By the way, he did present actual evidence of this, too, so there's something to the line of reasoning). Whether he is right is beside the point, for the crucial part came toward the end, when he mentioned that homosexuality ought to reduce the likelihood of reproduction and therefore ought not to exist. The fact that he does, he reasoned, suggested that it came from somewhere else, perhaps some sort of infection.

The person I mentioned commented in class that he found the article interesting up until that point, but then he stopped reading. He has many gay friends, he said, and this sort of bigoted talk was simply unacceptable. Stepping through the looking glass into bizarroworld, I, the gay man, spoke up to defend the author. Why? His idea was uncomfortable, to be sure. Gays have long fought not to be seen as "sick," and here was a guy trying to throw this back at them again. But the fact that I do not like where this is going does not mean that any such sort of line of investigation should be halted. There was  no suggestion that the author was using this to, say, deprive gays of their rights or lower their status. He was a rebel in the world of disease research and was thus also asking a politically incorrect, but valid, question, "Why is there homosexuality?" while attempting to rule out certain reasons and put forth a more likely explanation, as he saw it. He is not (necessarily) a homophobe for asking any more than someone asking why blacks in America earn less than other racial groups is (necessarily) racist. It's the context (how he says it and why), yes, but also the substance (what he actually says).

Moving on, an opinion like "gun control is bad" is not immune to questioning because it is not a matter of taste. Liking guns may lie at the heart of the opinion, just as a dislike of them may underlie arguments for gun control. If it were about liking guns, there would be nothing more to talk about (like chocolate vs vanilla ice cream). But there IS more to talk about, because being for or against gun control involves loads of other aspects and opinions are built on "facts," many of which may not be true. Getting to these is what a discussion is about. One person may mean "banning guns" when they think gun control, the other may not. Some may be encouraged by statistics that show crime rates falling when bans on carrying handguns are removed (this does happen), while others are more concerned about the increased likelihood of accidents in the home. Still others may conclude that, since America will never be mostly gun free like Britain due to its constitution, it is unclear how most gun control measures, which would in effect restrict gun ownership by law abiding citizens rather than criminals, would really help. NONE of these issues is an opinion. If the two people in a discussion are on the same page with all of these but still have opposing viewpoints, THAT is an opinion, and that may be the end of the story. You may have to agree to disagree because you place value on different things (a matter of preference). In most cases, all the facts are not apparent to all people (or even most of them). Discussion is necessary to bring these to the forefront.

It is possible to question someone's views while still "respecting" them. If I come to the conclusion that fewer guns would reduce deaths and that would be good, while the other person concludes that crooks have guns and she wants to be able to protect herself, while we both know the same information, then it has become a matter of taste and no further discussion is necessary (in an idealized democracy of well-informed citizens, this is where voting would settle the matter).

We do not have to "respect" a person's opinion if it involves disliking black people, or gays, or thinking women should "know their place." You are entitled to that opinion in the sense that no one can stop you from having it and no legal action can be taken against you for having or expressing it unless it manifests itself physically (liking firing a black employee, beating your wife, or inciting violence), but that doesn't mean you have a right for everyone to "respect" your opinion  by not questioning it. In the end, all opinions, ideas, and beliefs are up for debate. Conducting that debate in a respectful manner is the most useful way, in my opinion (being confrontational is unlikely to get the other person to listen and just isn't, well, nice), but debating itself is never disrespectful unless it is truly a matter of taste. Obviously, though, chocolate and vanilla ice cream together is best.

Thursday, September 13, 2012

Free Speech and Self-Censorship

The recent and ongoing protests (including the killing of the US Ambassador in Benghazi, Libya) in the Muslim world against the US because of an anti-Muslim amateur movie originating in America have brought the topic of free speech back to mind.

Everyone can remember the last time this happened (the cartoons). A few people I know remarked that it was a travesty because we have the freedom of speech and at least one asserted that Western government sshould have rallied around the cartoonists to support their right to free speech.

That sounds laudable. But is that really the issue? It feels bad if we discover that newspapers are self-censoring, not publishing things their readers would like to see. But is self-censorship akin to a loss of the right to free speech?

It certainly does mean people have to watch what they say, which is unfortunate in many ways. Still, you have to watch what you say in polite company and around children, too, or there might be protests in the "society" you find yourself in. Freedom of speech does not mean you will be free from the consequences of that speech. The government may not arrest you for saying something that rubs someone else the wrong way, but that person might very well kick you out of his house--as is surely his right, too.

We need to remain vigilant, of course, but in the US at the very least, free speech is very well protected, and the Supreme Court tends to err on the side of allowing speech when it is debatable. So we're free to say what we want, and we should say what needs to be said when it's important, but we also have to weigh consequences and benefits: Was this video important? Were the cartoons? Are they important enough to countenance violence, outrage, and diplomatic issues? That's a different topic entirely, and it doesn't really have that much to do with free speech.

Friday, March 4, 2011

A painful victory for the first amendment

The Supreme Court recently ruled that protests held by the nutjobs of Fred Phelp's ultra-right-wing Christian fundamentalist church have the right to protest at soldiers' funerals due to the First Amendment. This is a painful victory for free speech, but a victory nonetheless. This is one of those "slippery slope" cases. No one would have a problem if Fred Phelps could legally be stopped somehow. Almost everyone finds the idea of protesting at just about anyone's funeral disgusting. But restricting free speech is a dangerous thing, as it is the most fundamental of rights in the Bill of Rights (that's why it comes first). Tyrannical governments restrict free speech first (no, I'm not Glenn Beck and am not going to argue that the US is about to descend into tyranny). In America, such a government would have to go through the Supreme Court first.

To twist this around a bit, imagine the following scenario: a group of people are viewed by society to be disgusting in their very existence. The thing they are protesting for is also viewed with disgust. Children walking by and reading picket signs might be demoralized. These people have no right to protest and to use our constitution against us.

That group could easily be homosexuals, or maybe communists. We had a "red scare" after all. The Bill of Rights and its nominal defender, the Supreme Court, protect us against mob ("majoritarian") rule. Liberal democracy (sorry to use the L-word, Republicans, but that's what America is) does not mean always following the will of the majority. It means laying unalienable rights and ground rules, protecting minorities, and then following the will of the majority beyond that. Even if everyone in the country is against something, it doesn't matter if that something is protected by the charter that forms the basis for the functioning of our entire society. (See tea partiers? Some of us "liberals" have read the constitution, too!)

Fear not! As always, the right response to people saying disgusting things is to use your own right of free speech to confront them. After all, the First Amendment gives you the right to say what you want (unless you are knowingly spreading defaming lies about others), but the First Amendment does not protect you from the consequences of what you say! Fred Phelps might have the right to picket, but we also have the right to be pissed off about it and to let him know that in no uncertain terms. If the whole country stood up to Fred Phelps and his nutso family, I bet they'd eventually cut it out. How about picket lines on public property outside their church every Sunday? How about counter-demonstrations at funerals? Youtube videos of people peacefully expressing their disgust at their actions in person? Let's get together people from different faiths (and none), veterans, patriots, communists, whatever. Let them know that while they have a right to send their message of hate, we are not willing to receive it and, though we have no legal power to enforce it, that we demand that they stop!

Maintaining our rights is a struggle, and defending them is not always easy, especially when you have to defend the rights of Nazis and other crazies. It's worth doing, though, because remember: the First Amendment is a double-edged sword, for both sides of any dispute.