Article by Jacob Mchangama: “…The Trump administration has moved with startling speed from trumpeting free speech to seeking to criminalize it. At first glance, that might seem to vindicate the arguments in the historian Fara Dabhoiwala’s new book, What Is Free Speech? The History of a Dangerous Idea. Dabhoiwala believes that the modern obsession with free speech—particularly the American belief that almost any restriction on it threatens democracy—has blinded its defenders to how often that right is invoked cynically in pursuit of antidemocratic ends. In his view, the right to free speech has most often been wielded as “a weaponized mantra” by people motivated by “greed, technological change and political expediency” rather than as a principle invoked sincerely to restrain tyranny.
Although Dabhoiwala acknowledges that pre-Enlightenment peoples such as the Athenians valued forms of freedom of expression, his main story begins in the eighteenth century. In that era, he writes, the idea that freedom of speech was necessary for human flourishing went viral across Europe and the United States, despite the fact that the theorists who made the argument often did so “for personal gain, to silence others, to sow dissension or to subvert the truth.” A robust and civil-libertarian interpretation of it became entrenched in twentieth-century American culture and legal doctrine, but Dabhoiwala contends that modern First Amendment jurisprudence undermined the very democratic values it was supposed to safeguard. Rather than fulfilling its promise as an “antidote to misinformation and falsehood,” he writes, the American approach to free speech “often amplifies it.”…
Today’s crisis of free speech in America is not the legacy of John Stuart Mill or First Amendment fetishism. It has arisen because too many Americans have lost their faith in free-speech exceptionalism—at the very moment when the First Amendment remains the strongest constitutional barrier to Trump’s censorious agenda. Yet the First Amendment’s text alone cannot guarantee robust debate. Time and again, unpopular and persecuted groups—political, racial, and religious—have fought to strengthen its practical force. Americans must work again to secure that inheritance…(More)”.
