We’re proud that America is the land of free speech. That right is recognized in the First Amendment, and we usually take it seriously. It wasn’t always the case.
In John Adams’ administration, the Sedition Act made it a crime, punishable by fine and imprisonment, “to write, print, utter or publish...any false, scandalous, and malicious writing against the government...or to excite against (it) the hatred of the people...”
Thankfully, Thomas Jefferson and other libertarians got rid of that law.
Under Woodrow Wilson, Eugene V. Debs was sentenced to 10 years in prison for calling for draft resistance during World War I. His conviction was upheld by the Supreme Court, led by that alleged civil libertarian Justice Oliver Wendell Holmes Jr.
Today, fortunately, no one goes to jail for criticizing the draft, or the U.S. government’s wars.
So we’ve made progress—in some areas. But in others, we’ve regressed.
I once interviewed someone who said words are like bullets because words can wound; this justified some censorship in his eyes.
Ugly words in a workplace can indeed make it hard for someone to succeed at work, and racism in school can make it hard to learn. But I say words are words and bullets are bullets.
Speech is special. We should counter hateful speech with more words—not government force.
I discussed this issue on my Fox Business show with lawyer Harvey Silverglate, who has devoted his career to defending speech. These days, he sees new threats.
“The old threats we managed to beat mostly in court and also in the court of public opinion,” Silverglate said. “So the censors have simply come up with new terms for speech they don’t like. They call it ‘harassment’ or...'bullying.’”
The “harassment” attack on speech came from feminists who said sex talk in the workplace must be forbidden because certain statements harass women.
“They tried to restrict speech on the theory that harassment may make it impossible for somebody in a historically disadvantaged group to get their work done, to study and get an education.”
I pointed out that sexist speech might in fact do that—if you have a bunch of guys making cracks constantly about women.
“You’ve got a right to respond with horrible speech if you are attacked with horrible speech. As long as that’s a two-way street, the First Amendment has worked.”