The Office of Diversity, Equity and Community, in partnership with the Stanton Foundation First Amendment Clinic, hosted the last Dean’s Lecture Series on Race and Discrimination for the year in mid-April. The Lecture, “Free Speech and Equality: Friends or Foes?”, was delivered by Jacob Mchangama, research professor of political science in the College of Arts and Science, CEO of Justitia, and the Founder and Executive Director of The Future of Free Speech.
Intersection of Free Speech and Equality
Mchangama delved into what can be deemed permissible under the guise of freedom of expression.
Democracies are increasingly struggling with a tension between the principles of free speech and equality, particularly in the digital age where offensive material is normalized online. Traditional arguments, such as the notion that “sticks and stones may break my bones but words will never hurt me,” no longer hold sway in a world where words have demonstrably led to violence.
The experiences of historically marginalized groups illuminate this trend. Certain words carry profound weight, perpetuating cycles of discrimination and serving as potent tools of oppression. While free speech remains a cornerstone of democratic ideals, its compatibility with principles of equality is increasingly questioned. Some argue that censorship aimed at protecting minorities may inadvertently exacerbate harm. Instead, proponents advocate for an approach that upholds both free speech and the pursuit of equality.
As Mchangama stated, “free speech is the dread of tyrannies but has it been hijacked to go against minorities.”
History of Free Speech
Mchangama offered insight into the historical trajectory of free speech, highlighting its evolution within the context of British rule in early America. The Virginia Declaration, the First Amendment, and Jefferson’s inaugural address are noted as pivotal moments, yet their significance is juxtaposed with the stark reality faced by enslaved individuals on Jefferson’s own plantation. As the 19th century progressed, the contradiction between slavery and the ideals of free speech became increasingly evident to many Americans. In response, legislative efforts aimed at stifling dissent emerged, exemplified by Andrew Jackson and John C. Calhoun’s attempts to pass laws restricting speech to shield White slave owners from criticism. The fear underlying such measures speaks volumes about the power of speech as a weapon against oppression.
Frederick Douglass’s Words as a Weapon
Frederick Douglass emerged as a central figure in combating the oppression of African Americans, wielding the power of words as his only weapon in the fight against slavery. His belief in free speech being “A universal human right and potent weapon” transcended barriers of birthplace and skin color, showcasing it as a fundamental human right and tool for social change. Despite the abolition of slavery, White supremacy persisted, as evidenced by Ida B. Wells’s journalism exposing the horrors of lynching in Memphis. Her work highlighted the enduring importance of free speech in challenging systemic injustice and upholding the principles of equality and justice for all.
Colonialism
Colonialism brought with it some of the greatest instances of repression of free speech. For example, the British suppressing Indian protests through oppressive seditious laws. Prominent figures like Mahatma Gandhi faced prosecution under these restrictions on free speech, which were described as stifling the “lungs of liberty.” The suppression of free speech was a blatant violation of fundamental rights. In a similar vein, the Paris Massacre of 1961 stands as a stark example of state repression. Algerian Muslims in France were subjected to a curfew, prompting defiance and protests. Tragically, those who took to the streets were met with deadly force, resulting in a massacre that the French authorities sought to conceal from public scrutiny. This episode stands as one of the darkest moments in French history, revealing the lengths to which colonial powers would go to silence dissent.
Free Speech and Civil Rights
Mchangama noted that following World War II, a fascist Catholic priest incited violence through his rhetoric, prompting United States Attorney General Robert Jackson’s concern over the limits of free speech. This worry was echoed in the case of Edwards v. South Carolina, where expanded First Amendment protections were established. African Americans protesting against White supremacy faced opposition from law enforcement, who feared potential harm to White individuals. However, the Supreme Court sided with the Black protesters, providing a shield for persecuted minorities. As civil rights leader John Lewis stated, “Without freedom of speech and the right to dissent, the civil rights movement would have been a bird without wings,” highlighting the crucial role of free speech in advancing the rights of African Americans.
Free Speech Today
Today, racism and social justice remain pervasive issues, prompting some to question whether the robust protection of free speech, perhaps deemed necessary in the past, is still warranted. However, Mchangama argues against this notion. While it may be tempting to believe that such protections are no longer necessary, recent developments suggest otherwise. In some states, there is a push to ban the teaching of “divisive concepts,” a move that could have detrimental effects on social justice efforts. Additionally, there is a risk that hate speech laws could be expanded to suppress discussions that are highly relevant to addressing contemporary conflicts. For Mchangama, it would be misguided to silence conversations and critiques surrounding ongoing social issues under the guise of maintaining civility.
Watch the full lecture below or on our YouTube:
