THE CASE AGAINST FREE SPEECH

Forget about shouting “fire” in a crowded theater—free speech, by this account, is anything but free.

As former Al Jazeera America staffer Moskowitz (How To Kill a City: Gentrification, Inequality, and the Fight for the Neighborhood, 2017) writes, the doctrine of freedom of speech is constantly in opposition to other rights that often supersede it. For instance, if you wished to rename yourself Google as an expression of some political view or another, you would likely face down some very powerful corporate attorneys. On another score, argues the author, people like Charles Murray or Steve Bannon may widely be accounted undesirable and are therefore banned or disinvited from speaking on campuses, leading to conservative outcries about supposed censorship, but the national news such banning brings is disproportionate to the silencing of activists on the other side: “Their rights eclipse the rights of so many others in mainstream discourse: Dakota Access Pipeline protestors, or J20 defendants, or Black Lives Matter activists.” The freedom of speech of the alt-right demonstrators in Charlottesville, Moskowitz urges, clearly superseded other presumably superior rights, whipping up the violence that led to the murder of a counterprotester. Indeed, the argument continues, a scenario in which many of the alt-right participants were armed was sanctioned by police while, one imagines, a similar demonstration of armed Black Lives Matter marchers would not be. As A.J. Liebling noted, just as freedom of the press belongs to the person who owns the press, true freedom of speech belongs to those who wield political power. Although the argument is sometimes diffuse, Moskowitz does valuable work in connecting dots—noting, for example, that a professor censured at Evergreen College under supposed PC censorship who became a cause célèbre was the brother of the managing director of a firm owned by Peter Thiel, “a right-wing billionaire who has helped fund lawsuits to shut down the left-leaning media site Gawker."

A provocation for First Amendment absolutists, who may be surprised at all the hidden constraints that bind free expression.