Nadine Strossen, former ACLU president and New York Law Professor, discusses the importance of protecting hate speech as a form of free speech. The podcast explores Supreme Court cases, the impact of hate speech on individuals and social media, compassionate conversations with white supremacists, advocating for gay rights, constructing effective hate speech codes, incidents of hate speech on college campuses, and the suppression of free speech.
Hate speech laws have limited effectiveness in reducing violence or discrimination.
Counter speech, including compassionate conversations, can be more effective than censorship in combatting hate speech.
Robust debate, critical thinking skills, and open dialogue are essential for confronting hateful ideas and promoting positive change.
Deep dives
Hate Speech and Free Speech
In this podcast episode, former ACLU president and New York law professor Nadine Strossen discusses hate speech and the importance of resisting it with free speech, not censorship. The Supreme Court's approach to hate speech and the efficacy of hate speech codes worldwide are covered. Examples such as Simon Tam's case, where an Asian-American musician fought against trademark denial, illustrate the importance of recognizing free speech as a tool for empowerment and equality. Strossen also argues that counter speech, including compassionate conversations and patient engagement, can be more effective in changing minds and combating hate speech than censorship.
The Failure of Hate Speech Laws
Contrary to the belief that hate speech laws effectively combat discrimination, the podcast highlights the limitations of such laws, as seen in countries like France and Germany, which have strict hate speech legislation. These laws, while well-intentioned, have not been successful in reducing violence, discrimination, or anti-Semitism. Instead, they often lead to suppression of dissent and create a chilling effect on free speech. The discussion also touches upon the need for robust debate in democratic societies and the dangers of subjective enforcement and arbitrary decision-making when it comes to defining hate speech.
Building Resilience and Effective Responses
The podcast emphasizes the importance of resilience and effective responses to hate speech. Resilience training, teaching critical thinking skills, and promoting open dialogue are considered vital in preparing individuals to confront hateful ideas and engage in productive conversations. The concept of counter speech is examined, highlighting the power of engaging in respectful, constructive, and strategic discussions as a means to challenge harmful ideologies and promote positive change. The role of empathy, compassion, and human connections as tools for changing minds and combating hate speech is also explored.
The impact of hate speech laws on online platforms
The podcast episode discusses how hate speech laws, such as the one passed in Germany, have made online platforms responsible for censoring hate speech. The threat of large fines has led companies like Facebook to remove thousands of flagged comments, potentially leading to widespread suppression and the unintended removal of anti-hate speech content.
The challenges of defining and regulating hate speech on college campuses
The podcast highlights the controversy surrounding hate speech on college campuses. It explores instances where speakers were protested or disinvited due to their conservative viewpoints, and how such incidents raise concerns about the suppression of free speech. The conversation also delves into the difficulties of crafting hate speech codes that are not overly broad and vague, while emphasizing the importance of robust dialogue and the exchange of ideas on campuses.
The United States is unique in its protection of what some might label “hate speech.” Of course, certain expression is unprotected, like incitement to imminent lawless action and true threats. But expression that is deemed merely offensive or hateful is generally protected.
On this episode of So to Speak, we welcome back to the show former ACLU president and New York Law Professor Nadine Strossen. She is the author of “HATE: Why We Should Resist It With Free Speech, Not Censorship.” In this new book, she argues that America’s broad protections for hateful speech are a good thing, and that efforts to censor such speech has historically backfired or been proven ineffective.