Campus Free Speech Can’t Survive Cultural Change
The Atlantic | David French
In response to UVA student Emma Camp’s NYT 3/7/22 op-ed, David French writes that when it comes to protecting free speech, the First Amendment is necessary, but not sufficient—”A nation that values free speech should protect both the law and the culture of free speech…a nation that turns its heart away from free speech and open debate is a nation that will eventually change its laws. The First Amendment can’t protect free speech all by itself.”
French argues that “Camp was mainly taking aim at a cultural problem, not a legal problem…the school wasn’t censoring her or any of her fellow students. They were choosing to self-censor, because they feared the social (and perhaps professional) ramifications of speaking their mind…”
“Over time,” he explains, “the law tends to flow from the culture, and so a culture that despises free inquiry won’t long protect the First Amendment… Private citizens, private universities, and private corporations have a legal right to use their voices to shame, intimidate, or boycott their fellow citizens. They can use their free-speech rights to try to silence their opponents. But each time they do so, they chip away at our nation’s cultural respect for free and open debate…”
Instead, he argues, “The default posture should be one of openness, tolerance, and curiosity. That last trait is particularly important on campus. It’s extraordinarily disappointing to see students so often lead online mobs. The sad irony is that their incredible certainty (and ferocity) surrounding difficult and complex debates—over everything from sex and gender to race and identity to war and peace—is often inversely proportional to their knowledge about those same subjects…curiosity and humility go a long way toward tempering our worst instincts.”
So what is the answer? French says, “The formula for free speech on campus is simple to state, but difficult to execute. Always defend students and professors against unlawful state censorship. Use your voice to debate and discuss, not to dominate or intimidate. Be slow to take offense and quick to extend grace.”