Journal of Free Speech Law: "Cancel Culture and the Constitution: Three Reasons Why We Should Embrace Free Speech," by Judge James Ho
Based on a Constitution Day Lecture delivered at Wofford College last September 11.
The article is here; some excerpts:
One of the greatest privileges of being a federal judge is the honor of presiding over a naturalization ceremony. I do it every year in May, to celebrate the anniversary of my own naturalization in May 1982.
I wasn't born in the United States. I didn't enter this world as an American. But I wake up every morning thanking God that I will leave this world as an American.
I like to say that I'm Taiwanese by birth, Texan by marriage. But most importantly, I'm American by choice.
If you've never attended a naturalization ceremony, there's nothing more inspiring. People from all around the world come together in one room, for one purpose—to become Americans….
In a nation of over 300 million Americans, we're bound to disagree on virtually every issue under the sun. And that's okay. There's nothing wrong with that….
We've all heard the maxim, "I disapprove of what you say, but I will defend to the death your right to say it." … [But i]f you truly detest what someone says, why on Earth would you want to defend their right to say it—never mind defend it to the death?
Do you know anyone that altruistic? I don't.
So if the statement makes any sense, it must be because it's not altruistic at all. In fact, it's quite self-interested. In fact, I would say that it's self-interested in at least three distinct ways. With your indulgence and patience, I'll spend a few moments examining each one.
First: On any given issue where people disagree, you may well be right—and those who disagree with you may well be wrong. But you could always be better.
Or put it another way: You may be right. But you should also want to win. And the way to maximize your chances of winning is to constantly expose yourself to competing viewpoints—and to do so as vigorously and frequently as possible….
[Second, i]n any particular disagreement, you may well be right. But you also could be wrong.
And you need to be okay with that. Because if your goal is not to soothe your ego, but to discover the truth, then you need to be prepared to be wrong at any given moment, on any given issue….
[Third,] regardless of whether you're ultimately right or wrong on a particular issue, I would submit that respecting disagreement will make your life much better. It will also make the world a far more pleasant place to live….