Free speech in dangerous times

We were reading an article about a student at Georgia Southern University who recently gave a presentation in class in which he endorsed racism and white supremacy. You can read the article here. The abstract of the article was this:

Georgia Southern freshman promotes white supremacist ideology in a class presentation. The university says the presentation falls within his free speech rights. Now students of color say they feel unsafe because of his protected speech.

We were struck by this summary. The idea that non-white students feel unsafe because of protected hate speech is meant, we think, to represent a failure of the American system. But that is exactly the situation our Constitution and our legal precedent support and protect–even promote. Hate speech should be protected and it should make people who are targets of the hate, and people who are not targets but support liberty and justice for all, feel unsafe.

Why? Because real democracy is not a “set it and forget it” mechanism. People don’t establish a just system and then sit back while it runs. In our real democracy, people are allowed freedom of speech, even some (not all) forms of hate speech, because we didn’t want to go down the rabbit hole of someone saying that anything they disagree with is hate speech. That’s what dictators do: they say that their opponents are attacking them. The student who supports white supremacy would probably say that non-white people who protest him are using hate speech against him.

Instead, our government and laws say that most hate speech is protected for two solid reasons: first, we all have the right to freedom of speech; and next because we have laws in place that protect people against physical violence and legal discrimination based on race, sex, and religion.

And, crucially, the main reason we protect even hate speech is that outlawing it simply does not work. There will always be people who feel they can profit by hate. You cannot eradicate this human characteristic. Attempts to outlaw it only give it more power: if all hate speech is illegal, just spouting it makes the speaker a hero to the haters because the speaker seems brave–they’re risking their freedom to speak out. If it’s legal, that power is stripped away from it. So rather than outlaw it, we allow it within a system that contains it to speech alone. Speech is one thing; actual harm to life, liberty, and the pursuit of happiness in business, relationships, society, etc., are another. The former is protected while the latter is not.

When someone promotes racism, the answer is not to silence them. The answer does not lie with the perpetrator. It lies with all those who hear the perpetrator. It’s our reaction and our response that are the solution. When we hear hate speech, the answer is not just to hound that person off the stage. When we read that non-white students feel unsafe, we can’t shake our heads and say “I wish the university would expel that student. Then the problem would be solved.” We know the problem would not be solved, because that student is not the problem–he’s just one representative of it.

The real solution is to work harder, redouble our efforts, to ensure that our actual laws are not changed to protect actual harm (as defined above). Monitor your local and state government as well as the federal government. Support candidates who vow to protect legal equity. Efforts are going on in many state legislatures to overturn voting rights, access to health care and education, and other pillars of equity. A student giving a presentation is not the problem here. The problem is the ever-present minority attempt to undermine our system, to undo liberty and justice for all, which ebbs and flows, shrinks and expands, over time. We are in a period of expansion that we need to fight.

Monitoring our system of government is hard and incremental. People feel impatient with this, and convince themselves that an immediate, violent protest will do the trick. But as we say in our post The Boston Tea Party and the tradition of American violence, that’s not the strategy that built our nation. It’s a strategy of revolution that we left behind long ago:

When you read about the events leading up to the Tea Party, you quickly become a little uncomfortable with the readiness of Bostonians to physically attack people and destroy their property as the first means to their ends. Violence was sanctioned in odd ways in colonial Boston.

…In August 1765, effigies of a British minister and an American stamp distributor (of the unpopular Stamp Act) were hung in the South End; at dusk the effigies were taken down by a crowd who then completely destroyed a building owned by the stamp distributor, went to the man’s house and threw rocks at the windows, broke in, and destroyed some furniture. When Governor Hutchinson tried to reason with the rioters, they threw bricks at him. The stamp distributor resigned the next day.

…Tea commissioners were routinely summoned to public meetings by anonymous letters which threatened their lives as well as their jobs if they did not show up. Commissioners and others deemed hostile to the patriot cause were tarred and feathered—the “American torture.”

…This willingness to use violence got mixed reviews from patriot leaders. Some felt it was justifiable because it was in protest of an unfair government. Others felt it gave the patriot cause a bad name, and attracted lowlifes who weren’t fighting for democracy. All knew it had to be carefully managed to keep it under control: at any moment a mob nominally in the service of colonial leaders could become a force that knew no loyalty and could not be controlled by anyone.

…Patriot leaders like Samuel Adams knew they would have to keep violence out of their official platform,  disassociating the decisions of the General Court from the purveyors of mob violence.

Violence for violence is the classic “two wrongs make a right” argument. Hate speech on campus or anywhere must be met with substantive, long-term action, not a brief storm of vocal outrage. Individuals are symptoms, not causes. Anyone who promotes white supremacy or any other kind of hate speech can only be successfully countered by efforts to protect the legal system and system of government that contain them and limit their hate to speech alone. Letting hate speech incidents turn into shouting matches in the street and nothing else does not fix the problem. When people finish shouting, those lawmakers who feel they have more to gain by subverting our system than protecting it will quietly go about rewriting the laws in their state or our nation to keep “minorities” down, denying them fair access to housing and jobs and education and voting.

In the article, Daniela Rodriguez, an organizer for the Savannah [Georgia] Undocumented Youth Alliance made these statements:

“He feels safe to speak up, and now I can only imagine how many more are out there with this racist mentality of hate,” said Rodriguez, who is the lead organizer for the Savannah Undocumented Youth Alliance, or SUYA, which advocates for the rights of undocumented immigrants in Georgia.

“Now they feel very comfortable, very brave to do something worse,” Rodriguez said. “The administration should do something before something else happens.”

…“That’s really a problem,” Rodriguez said. “Students of color don’t feel safe speaking up, but white supremacists feel safe.”

Rodriguez is out there doing the long, hard, invisible work of keeping our system just, and we applaud her. She was doing this work before the uproar at SGU, and will likely continue to do it long after we’ve all forgotten about it. We take slight issue with her overall message, though; yes, we can imagine there are more people out there who feel that being racist will help them in some way, and feel a little more bold about it after this student made his public stand. Maybe some white supremacists feel a little more safe now, at least at SGU or in Georgia.

But that’s the story of humankind. It seems there will never be a human society that is not plagued by members who want to profit by hate if that’s an option. The story of America, on the other hand, is people who know that we are committed by our founding principles to do better than this. People who pledge allegiance to a flag that symbolizes a republic dedicated to liberty and justice for all. People who know that the battle to live by those principles is never done. That every generation must re-commit to that battle personally. Some Americans feeling unsafe is not an indictment of our system, it’s a bat-signal to us to rise up to protect our system, to activate it to do its job, which is protecting those Americans. In America, not feeling safe is not the end of the story. It’s the catalyst to reclaim safety for all. It’s a challenge we must–and do–rise to, every time.

 

Race and the “hardworking middle class”: Obama’s Farewell Address

Hello and welcome to post four in our close reading of President Obama’s farewell speech, now available at The New York Times since it has been ousted from whitehouse.gov. We left off in our last post promising to get to President Obama’s frank address of race, so let’s begin.

There’s a second threat to our democracy. And this one is as old as our nation itself.

After my election there was talk of a post-racial America. And such a vision, however well intended, was never realistic. Race remains a potent…

(APPLAUSE)

… and often divisive force in our society.

Now I’ve lived long enough to know that race relations are better than they were 10 or 20 or 30 years ago, no matter what some folks say.

(APPLAUSE)

You can see it not just in statistics. You see it in the attitudes of young Americans across the political spectrum. But we’re not where we need to be. And all of us have more work to do.

—The last comment is important. Older members of the HP who describe their childhoods in the 1970s to teenager today may as well be talking about another planet. While it’s true that hidden racism is no better than outright racism, it’s easy to forget what outright racism represents: a consensus that there’s nothing wrong with it. Overt racism is a sign that people feel comfortable expressing racism; they don’t expect anyone to challenge or reproach them. In America 50 years ago, it was okay to be openly, outrageously racist. In America today, it isn’t, because those 50 years were spent stripping away the social justifications of and legal supports for racism. The biological arguments for racism, the “oh come on, it’s just a joke” arguments for racism, the “this is the way it’s always been” arguments, the “this is how God intended” arguments—all were at last relentlessly, righteously assaulted as the nation pushed to live up to its mandate of liberty and justice for all.

But, as the president says, that doesn’t mean racism ended. Racism will never end. It’s part of human nature. And that means the fight against racism must never end. We have to rise above our nature. All of us will always have more work to do, but if we do it, we will get closer to being free of racism, as close as it is possible to come. We cannot afford to have the work of the last 50 years undone by anti-Americans who want to go back to the old days. Their mythical view of an all-white America that was happy and strong and rich would be laughable if it weren’t so dangerous to this nation.

If every economic issue is framed as a struggle between a hardworking white middle class and an undeserving minority, then workers of all shades are going to be left fighting for scraps while the wealthy withdraw further into their private enclaves.

—This single sentence says so much. Here the president is frank about how neo-conservatives and white supremacist/fascists do indeed frame every economic issue. This began with Reagan. His 1984 “Morning again in America” ad (you can find it easily on YouTube) was 90 seconds of showing only white Americans while a voiceover talked about hardworking people buying houses and getting married and thriving. (Yes, for exactly two seconds a black and a Latino child are shown watching an American flag being raised. But apparently when they grow up these non-white children will not contribute to America’s wealth, strength, and happiness.) Since then, “hardworking” and “middle-class” have come to be code words for “white” and “native-born”. Anyone who isn’t hardworking and middle-class is a non-white criminal. In the last presidential campaign, these ceased to be unspoken codes, as neo-conservatives and fascists and other Trump supporters applauded his description of Mexicans, Muslims, and other non-white immigrants as criminals, and stood by Trump’s refusal to call the KKK a hate/terrorist/white supremacist group.

If we’re unwilling to invest in the children of immigrants, just because they don’t look like us, we will diminish the prospects of our own children — because those brown kids will represent a larger and larger share of America’s workforce.

(APPLAUSE)

And we have shown that our economy doesn’t have to be a zero-sum game. Last year, incomes rose for all races, all age groups, for men and for women.

So if we’re going to be serious about race going forward, we need to uphold laws against discrimination — in hiring, and in housing, and in education, and in the criminal justice system.

That is what our Constitution and highest ideals require.

—A loud minority of Americans want a zero-sum game. They feel that any and every advance by people unlike them (non-white, immigrant) comes only at their expense. If anyone else wins, it’s because they lose. That’s why they want to repeal laws against discrimination, ironically by claiming those laws discriminate against whites/white men/native-born white Americans. These people are Americans in name only, as they would violate our Constitution to enrich and (so they think) protect themselves.

But laws alone won’t be enough. Hearts must change. It won’t change overnight. Social attitudes oftentimes take generations to change. But if our democracy is to work the way it should in this increasingly diverse nation, then each one of us need to try to heed the advice of a great character in American fiction, Atticus Finch, who said “You never really understand a person until you consider things from his point of view, until you climb into his skin and walk around in it.”

For blacks and other minority groups, that means tying our own very real struggles for justice to the challenges that a lot of people in this country face. Not only the refugee or the immigrant or the rural poor or the transgender American, but also the middle-aged white guy who from the outside may seem like he’s got all the advantages, but has seen his world upended by economic, and cultural, and technological change.

We have to pay attention and listen.

—It’s hard to feel a lot of compassion for white men in western society. They still have every advantage when it comes to being educated, hired, well-paid, catered to politically, and identified as the “average person”. White men do still have all the advantages, even after 50 years of economic, cultural, and technological change. Again, it’s the zero-sum mentality at work: any change for white men is seen as an alarm bell that the God-ordained proper world order is being destroyed. Not all white men feel this way. But the ones who do should only be paid attention and listened to as part of an effort to re-educate them to be Americans.

For white Americans, it means acknowledging that the effects of slavery and Jim Crow didn’t suddenly vanish in the ’60s; that when minority groups voice discontent, they’re not just engaging in reverse racism or practicing political correctness; when they wage peaceful protest, they’re not demanding special treatment, but the equal treatment that our founders promised.

(APPLAUSE)

For native-born Americans, it means reminding ourselves that the stereotypes about immigrants today were said, almost word for word, about the Irish, and Italians, and Poles, who it was said were going to destroy the fundamental character of America. And as it turned out, America wasn’t weakened by the presence of these newcomers; these newcomers embraced this nation’s creed, and this nation was strengthened.

(APPLAUSE)

So regardless of the station we occupy; we all have to try harder; we all have to start with the premise that each of our fellow citizens loves this country just as much as we do; that they value hard work and family just like we do; that their children are just as curious and hopeful and worthy of love as our own.

(APPLAUSE) (CHEERING)

And that’s not easy to do. For too many of us it’s become safer to retreat into our own bubbles, whether in our neighborhoods, or on college campuses, or places of worship, or especially our social media feeds, surrounded by people who look like us and share the same political outlook and never challenge our assumptions. In the rise of naked partisanship and increasing economic and regional stratification, the splintering of our media into a channel for every taste, all this makes this great sorting seem natural, even inevitable.

And increasingly we become so secure in our bubbles that we start accepting only information, whether it’s true or not, that fits our opinions, instead of basing our opinions on the evidence that is out there.

—Bubbles have always existed. They’re not the product of social media. Newspapers in the 19th and early 20th centuries in America were always firmly ideological—Republican or Democrat, nativist or pro-immigrant, for blacks or for whites or for Jewish people, etc. But the harm of bubbles is intensified by social media. Now we don’t even have to know that we are buying “our” paper for “our” people; we can go online to a site that pretends to be objective while it peddles ridiculous and harmful, divisive and undemocratic opinions, or, more and more often, lies. People become used to arguing with other people only when they leave those social media bubbles, not within them, and the right to argue a point is confused with the right to win an argument. It’s enough to make one wonder whether the “information wants to be free” movement that destroyed paid journalism was an anti-democratic plot after all…

Next time: the third threat to American democracy

Finding historical context for 2016–or manufacturing it?

Since the presidential election, many people, including historians, have stepped up to say that the nastiness of the campaign and the election of Trump are not unique in American history.

You think this election was nasty? Look at Adams v. Jefferson! You think Trump says crazy things? Look at Andrew Jackson! You think Trump is racist? What about Wilson!

This is meant to reassure us that nothing fundamental is changing in American politics or society. But this is critically inaccurate. This type of comparison normalizes Trump, and fits him into a continuum when he is actually unique in presidential history. First and foremost, no other person has come into office swearing to destroy our federal government. Aside from that, we have had about about 60 years of dedicated expansion of civil rights in this country, to black, Asian, and Latino Americans; to women; to gay Americans; to non-Christian Americans.

Trump goes forcefully against the tide of this history and he is the leader of a backlash against civil rights in this country that we fear will last many, many years. Backlash is inevitable, but the fury of it now is alarming. One can only hope that once all the forces of white supremacy and sexism and homophobia come parading out, real Americans can do battle with them and restore the mandate to offer liberty and justice to all given in our founding documents.

So to all historians and others saying we need more civility, we agree up to a point: civil discourse is crucial to democracy. But 2016 was not about civility.  Yes, Jefferson v. Adams was uncivil—does that make it like 2016? No. Something much bigger is now at stake. Something much worse is happening.

We can’t use history to hide our heads in the sand and to (ironically) deny that this is a historic moment in our history. We can use history to inform our response to this historic moment.