A new school year is upon us, and the assault on free speech continues as Yale Law School students reject their new dean’s call for civil discourse. George Washington proclaimed in 1783 that if “the freedom of Speech may be taken away,” then, “dumb & silent we may be led, like sheep, to the Slaughter.” If campuses are incubating our next generation of leaders, I hope America likes lamb chops.
While teaching at Yale, I have often witnessed students demonizing each other over their disagreements. Concerned students informed me of a school-wide e-mail argument in which one student was branded racist because of his disagreement with another student’s criticism of course offerings. The accused pointed out that he obviously could not see his interlocutor’s race over e-mail, nor guess it from her name; he simply disagreed with her idea. The ad hominem attacks only intensified from there.
Another time, a student group invited a controversial speaker to campus. Rather than speak up to expose the flaws in the speaker’s ideas, offended students announced that anyone in that group who did not publicly denounce the speaker and call for a disinvitation would be labeled sexist and ostracized. Intimidated students quietly dropped out of the group.
These private interactions are a symptom of what ails the public sphere.
Since its birth, the United States has grappled with people’s natural tendency to quash dissenting views. The founding generation rejected the British Crown’s practice of publishing its own newspaper in favor of both an independent free press and ardent support for free expression. But by 1798, a mere ten years after the Constitution’s adoption, the federal government had enacted the Sedition Act, making it illegal to publish “any false, scandalous and malicious writing” against Congress or the president. The act was a clear violation of Americans’ First Amendment rights. The Federalist party, under President John Adams, used its control of the government to silence its critics and attack the Democratic-Republican minority.
With the nascent Supreme Court neither willing nor ready to check the other branches, Thomas Jefferson and James Madison appealed to the people to defend Americans’ rights “to think freely and to speak and write what they think.” They used the very rights under attack — the freedoms of speech and the press — to educate the populace, galvanize public support across the states, and win back control of the government. In other words, they successfully countered a bad law with rational arguments.
Today many will instinctively reject the Founders’ principles because many of them were white slaveholders. But that is part of the point: Automatically dismissing ideas based on the identity of the messenger can leave us all worse off. After all, these deeply flawed individuals nevertheless managed to enshrine in the country they founded — our country —many wonderful principles, from freedom of religion to checks and balances to free expression itself.
That latter principle is once again under siege today, and we could do worse than to dust off some of the grassroots tactics of Jefferson and Madison in its defense. We must take to the press, utilize social media, contact school administrators and professors, support leaders who practice and foster civil discourse, and speak to our friends and neighbors to help educate our communities on what freedom of speech really means.