What We're Reading:
The Spirit of Free Speech  

By Roger  Berkowitz

Jason Richwine takes on the  argument that free speech only applies to the government regulation of speech. Of course, legally it is true that only the Constitution only protects speech from governmental restraint. But Richwine rightly argues that there the culture of engagement requires a broader protection of free speech. 

The real threat to free speech comes not from harsh words, but from social and economic punishments that go far beyond the initial disagreement. A culture of free speech says that Ken White and I can have a vigorous debate over some issue of the day, but when it’s over we can both go back to our private lives without fearing retribution. I should not have to worry that White will lobby my employer to fire me, or encourage a mob to protest outside my house, or threaten my friends and colleagues with similar treatment unless they disconnect.

Those who instead believe that free speech means only that Ken White cannot have me arrested should consider why First Amendment protections exist at all. Presumably, the founders believed open debate is essential to a free society, and the threat of government persecution would discourage that debate. Of course, the First Amendment restrains only the government, but if we take the wisdom of it seriously we should value its principles more broadly. After all, if open debate is truly desirable, we should be concerned not just about government suppression of unpopular views, but about non-governmental suppression. As chilling effects go, “I would speak out, but I don’t want to risk going to jail” is not all that different from “I would speak out, but I don’t want to risk losing my friends and my livelihood.” The end result is the same—less speech, less debate, less openness.

Some people assume non-governmental censorship limits only a vitriolic fringe. I see no evidence of this. James Damore hardly expressed a fringe or hateful perspective when he internally criticized Google’s diversity ethos, but the company fired him anyway. Mozilla CEO Brendan Eich donated to a ballot initiative against same-sex marriage that won, but he lost his job anyway. The message from both companies was that people with contrary views—even widely-held contrary views—should get with the ideological program or lose their jobs.