The History of Free Speech with Jacob Mchangama (S3 Ep.11)
Apr 16, 2022
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Jacob Mchangama, lawyer and writer, discusses the history and challenges of free speech. Topics include the Danish cartoon controversy, hypocrisy in defending free speech, power relations and censorship, the importance of a culture of free speech, big tech companies' role in censoring speech, similarities between the printing press and the internet, cancel culture, and the threat to free speech posed by China.
Maintaining a culture of free speech alongside legal protections is essential for its thriving in a democratic society.
Censorship in democracies can be less efficient and may backfire due to the flexible nature of democratic systems.
The increasing concentration of power in big tech companies raises concerns about the influence they have on public discourse and the effectiveness of content moderation.
Deep dives
The Importance of Free Speech in a Democratic Society
The podcast episode explores the significance of free speech in a democratic society, emphasizing its role in fostering a culture of tolerance and critical thinking. The episode discusses the historical origins of free speech, tracing it back to ancient Athens, where the principles of egalitarian free speech were first established. It also highlights the importance of maintaining a culture of free speech alongside legal protections, emphasizing that a critical mass of individuals who value and defend free speech is necessary for it to thrive.
The Complexities and Challenges of Censorship
The podcast delves into the complexities and challenges surrounding censorship. It explores the historical examples of censorship, both successful and unsuccessful, such as the attempted censorship of Hitler's ideas and the impact of censorship on the development of ideas during the Roman Empire. The episode raises thought-provoking questions about the efficacy and consequences of censorship, highlighting the need for societies to navigate the changing landscape of information sharing, particularly in the digital age.
The Rise of Cancel Culture and its Impact on Free Speech
The podcast examines the phenomenon of cancel culture and its implications for free speech. It acknowledges that while cancel culture is not a new concept, the rise of the internet and social media has made it easier for individuals to be quickly targeted and canceled. The episode highlights the importance of distinguishing between legitimate criticism and attempts to silence opposing viewpoints. It also draws attention to the potentially chilling effect of cancel culture on academic freedom, media discourse, and public debate.
Effectiveness and Backlash of Censorship in Democracies
Censorship in democracies can often backfire and fail to effectively suppress ideas due to the flexible nature of democratic systems. In the past, repression and censorship hindered social democratic labor movements and prolonged racial segregation. However, the idea of free speech ultimately prevailed, contributing to the defeat of racial inequality. Censorship in democracies tends to be less efficient, especially in the digital age, as it can generate attention and make figures like the Nazi editor Julius Streicher into heroes. While censorship's impact in democracies may vary, it is challenging to implement efficient censorship policies in democratic societies.
The Challenges of Big Tech, Monopoly, and Artificial Intelligence
The increasing concentration of power in big tech companies poses challenges for free speech. The network effects and near-monopoly status of platforms like Facebook and Twitter impact the ability to share ideas and participate in global debates. While private companies like these have the right to moderate content, the influence they have on public discourse raises concerns. Automated content moderation using artificial intelligence algorithms often fails to accurately detect hate speech and results in the removal of legal content. The reliance on automation raises questions about the effectiveness of content moderation and the potential for censorship. A more decentralized social media ecosystem and user-controlled filters could be potential solutions to address these challenges.
My guest today is Jacob Mchangama. Jacob is a lawyer and writer based in Denmark. He's the founder of Justitia, a think tank focused on human rights and freedom of speech. Jacob is also the producer and narrator of the excellent podcast called Clear and Present Danger.
Jacob and I discuss his brilliant new book: Free Speech: A History from Socrates to Social Media. We talk about the Danish cartoon controversy and Charlie Hebdo. We also discuss the so-called "Milton's curse"; which is the habit of hypocritically defending free speech for some, but not for others. I think this point is relevant to some of the bans that we've been seeing on Russian state news.
We talk about the notion of power relations and its relationship to free speech, the relationship between censorship and human nature, and the importance of having a culture of free speech in addition to having laws that nominally protect it. We also talk about the origins of what Jacob calls "egalitarian free speech" in ancient Athens, the First Amendment and its evolving interpretation over time, and the alleged exceptions to protected speech such as hate speech or shouting fire in a crowded theatre. We go on to discuss whether censorship actually works, big tech companies and their role in censoring speech, similarities between the rise of the printing press and the rise of the Internet, cancel culture, the threat to free speech posed by China and the CCP, and much more.
This was one of my favorite conversations that I've had so far this year, and I hope you enjoy it.
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