Speech Unbound: A Conversation with Nadine Strossen
Dec 19, 2023
auto_awesome
Nadine Strossen, former president of the ACLU, discusses the importance of free speech as a foundation for defending human rights and civil liberties. The podcast explores language restrictions in oppressive societies, the social consequences of free speech, misconceptions about free speech absolutism, and the tendency to use Nazi Germany as an example. It also delves into landmark court cases and the historical connection between free speech and religion.
Freedom of speech is foundational to many other fundamental rights and must be protected
Censorship is the greatest obstacle to civil liberties and human rights
Deep dives
The Importance of Freedom of Speech
Nadine Strossen, a leading expert in constitutional law and civil liberties, emphasizes the vital role of freedom of speech in defending and advancing other civil liberties and human rights. She argues that without robust freedom of speech, it becomes challenging to promote any other rights or causes effectively. Strossen also addresses the dangers of censorship, highlighting that it is the greatest enemy and impediment to civil liberties and human rights.
Understanding the Link Between Free Speech and Human Rights
Strossen explains that human rights and civil liberties are of particular concern to minority groups and individuals with limited access to majoritarian power. She emphasizes that advocating for other human rights, including religious liberty, due process, and privacy, relies on exercising and protecting freedom of speech, association, and the press. Strossen argues that these fundamental rights are essential for members of marginalized communities to voice their perspectives and challenge the actions of majoritarian groups.
Examples of Suppression of Free Speech
Strossen presents examples of countries where dictatorships suppress free speech through outright censorship, such as North Korea and China. She highlights that even though the United States may be more speech-protective, there are cases where certain expression is curtailed, including laws restricting hate speech or divisive concepts on college campuses. Strossen also addresses the issue of cancel culture, where social and economic pressure is used to silence individuals and discourage open discussion on sensitive topics.
Navigating the Complexities of Free Speech
Strossen examines the complexities of free speech, acknowledging that there are limitations to its protection, such as speech that directly and imminently causes harm. She emphasizes that striking a delicate balance between protecting free speech and preventing harm is crucial, and that responsible and respectful communication is essential for fostering meaningful dialogue and understanding. Strossen encourages individuals to engage in counter speech and to be open to changing perspectives, promoting a culture of free speech that enriches relationships and promotes understanding.
What (and why) can and can't we say? What do empirical examples both at home and abroad tell us about how we should protect freedom of speech? How do we create an environment where speech is not only permitted but encouraged? Does freedom of speech bring people together or sow discord? Nadine Strossen, former president of the ACLU and Professor Emerita at New York Law School, brings her decades of expertise to bear explaining why freedom of speech is foundational to so many other fundamental rights.
Nadine Strossen is Professor Emerita at New York Law School, and was national President of the American Civil Liberties Union from 1991-2008. She is a Senior Fellow with FIRE (the Foundation for Individual Rights and Expression) and a leading expert and frequent speaker/media commentator on constitutional law and civil liberties, who has testified before Congress on multiple occasions. She is the author of HATE: Why We Should Resist It with Free Speech, Not Censorship (Oxford UP, 2018) and Free Speech: What Everyone Needs to Know (Oxford UP, 2023). She is the Host and Project Consultant for Free To Speak, a 3-hour documentary film series released in October. You can also find her remarks "Current Free Speech Controversies" with the Madison Program here.
Here are some examples of studies, referenced at the end of the episode, demonstrating links between words a language has for colors and how those colors are perceived by speakers, for Russian and for Chinese and Mongolian.
Annika Nordquist is the Communications Coordinator of Princeton University’s James Madison Program in American Ideals and Institutions and host of the Program’s podcast, Madison’s Notes.