Cecily Zamora
In the context of American free speech rights, the notion of free speech being progressive has been challenged by Georgetown University Law Center professor Louis Michael Seidman in his article for the Columbia Law Review. Seidman's argument centres on the unequal distribution of wealth, suggesting that free speech is dominated by those with the most resources, who are typically non-progressive. However, others argue that free speech can advance progressive goals and should be protected, even if it cannot be systematically used to promote a progressive agenda. This debate explores the complex relationship between free speech, political culture, and the pursuit of progressive ideals.
| Characteristics | Values |
|---|---|
| Free speech in the American context | Historical, sociological, and philosophical baggage |
| The modern American free speech right | Fixed property rights and freedom with government inaction |
| Progressive goals | Protection against catastrophic outcomes |
| Progressive support for free speech | A kind of "trickle-down" theory of civil liberties |
| Free speech opportunities | Reflect current property distributions |
| Cheap speech | Dominated by the interests of capital |
| Progressive ideas | Risks being shielded from listeners |
| Progressive speech | Requires fundamental transformation of American political culture |
| Progressive cause | First Amendment can be perverted for cynical pro-capitalist ends |
| Progressive support for the Constitution | Requires rethinking |
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What You'll Learn
Free speech in the American context
In the American context, free speech is often viewed as a fundamental right that deserves protection. The First Amendment of the US Constitution guarantees the freedom of speech, and Americans hold this right dearly. From a progressive perspective, free speech can be seen as a double-edged sword. While it allows for the expression of progressive ideas and the pursuit of progressive goals, it can also be argued that the current framework of free speech in the US inherently favours those with more resources and power, which can hinder progressive change.
The notion that free speech can be a tool for progressive change is not far-fetched. In certain cases, progressive lawyers and activists have utilised free speech rights to advance their agenda on issues like Islam, abortion, gay rights, and police abuse. Additionally, the advent of social media and the internet has provided a platform for progressive voices to reach a wider audience, circumventing traditional media outlets that are often controlled by a few powerful entities. This shift towards cheaper speech has the potential to empower progressive voices and facilitate meaningful discussions.
However, critics argue that the American free speech tradition is deeply rooted in a specific understanding of property rights and a hands-off approach to government. This creates a system where those with more resources and power have a louder voice. Louis Michael Seidman, a Georgetown Law Professor, contends that the modern American free speech right is flawed because it is dominated by the interests of capital. In his view, the marketplace of ideas favours those with more financial resources, creating an unequal playing field for progressive ideas and movements.
Furthermore, the interpretation and application of the First Amendment can also hinder progressive goals. For example, the Supreme Court's interpretation of the First Amendment has blocked measures such as serious campaign finance reform, which could address the unequal distribution of wealth and power. While free speech is essential, progressives may need to focus on achieving their goals directly rather than relying solely on free speech as a tool for change.
In conclusion, while free speech in the American context provides opportunities for progressive expression, it also presents challenges due to its deep roots in a particular political and cultural context. Progressives must navigate this complex landscape, utilising free speech rights while also recognising the limitations imposed by the current system. Ultimately, achieving progressive goals may require a fundamental transformation of American political culture, ensuring that free speech serves the pursuit of equality and justice for all.
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The First Amendment and progressive goals
The notion that free speech can be used to advance progressive ends is fanciful. The American free speech tradition is deeply rooted in ideas about fixed property rights and freedom with government inaction. Progressives should focus on achieving their goals directly rather than trying to upend First Amendment traditions.
The assertion of free speech rights can advance progressive goals in specific times and places. For instance, without the right, some states might outlaw progressive speech on topics like Islam, abortion, gay rights, and police abuse. It might also serve as a side constraint, protecting progressives against catastrophic outcomes.
However, the argument that free speech cannot be progressive is based on the understanding that the opportunity to speak is not egalitarian. It is influenced by current property distributions, giving an advantage to those with capital in the marketplace of ideas. This is particularly evident in the media landscape, where a few large players with significant resources can dominate the conversation.
In contrast, others argue that the proliferation of online platforms like blogging, YouTube, Instagram, and Twitter has created a "golden age" where individuals, regardless of their resources, can amplify their voices and reach a wide audience. Additionally, cheap speech on social media and the internet has been associated with progressive successes, providing a low-risk avenue for progressive speakers to express their views.
While free speech may not inherently be a progressive force, it can be a tool that progressives can utilise to pursue their goals. It is a double-edged sword that can cut both ways, and progressives can leverage it strategically to advance their agenda.
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Free speech and the pursuit of the public good
Free speech is a highly valued right in the American context, with the First Amendment protecting this right. However, the notion that free speech can be a force for progressive change is a highly contested topic.
Some argue that free speech cannot be progressive, especially in the American context, due to the historical, sociological, and philosophical underpinnings of the modern American free speech right. The American free speech tradition is deeply rooted in ideas of fixed property rights and freedom, which is often equated with government inaction. This makes it challenging for progressives to utilise free speech as a tool to achieve their goals, particularly those related to correcting unjust distributions and dismantling power hierarchies based on race, nationality, gender, class, and sexual orientation.
However, others argue that free speech can indeed advance progressive goals in specific instances. For example, without the right to free speech, certain states might outlaw progressive speech on topics like Islam, abortion, gay rights, and police abuse. Additionally, in the modern era of cheap speech, facilitated by social media and online platforms, regular Americans have a greater ability to make their voices heard. This has resulted in the amplification of diverse voices and the success of progressive movements, such as #MeToo and #BlackLivesMatter.
Furthermore, while the dominant narrative in media and public discourse may be influenced by those with greater resources, talent and effective messaging can often transcend financial limitations. This is evidenced by the rise of social media influencers and the success of progressive politicians like Alexandria Ocasio-Cortez, who defeated a powerful incumbent despite being an outsider to the political establishment.
While there is a risk that free speech can be co-opted for non-progressive or even regressive ends, it is not inherently opposed to the pursuit of the public good. Progressives can and should utilise free speech rights to advance their goals, recognising that it is a double-edged sword that must be wielded carefully.
In conclusion, free speech is a complex issue that cannot be easily categorised as solely progressive or non-progressive. It serves as a constraint on power, protecting against catastrophic outcomes and providing an avenue for diverse voices to be heard. While it may not systematically advance a progressive agenda, it can be a tool in the pursuit of the public good, especially when coupled with other progressive strategies and direct action.
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Progressive support for the speech right
Firstly, it is essential to acknowledge the challenges posed by the unequal distribution of wealth and resources in the realm of free speech. Critics like Louis Michael Seidman argue that free speech is dominated by those with the most resources, such as Roger Ailes and Rupert Murdoch, who used their wealth to establish Fox News to promote a conservative agenda. This unequal distribution of speech opportunities, or "speech silos," can hinder the spread of progressive ideas.
However, the advent of the internet, social media, and cheap speech platforms like Twitter, YouTube, and Instagram has disrupted traditional media and created a "golden age" for free expression. Regular Americans, including progressives, now have a greater ability to amplify their voices and reach a wide audience. This shift has empowered individuals from diverse political backgrounds to gain prominence, challenging the notion that free speech inherently favors the wealthy and powerful.
Additionally, the right to free speech can serve as a side constraint on the pursuit of progressive goals. While it may not systematically advance progressive causes, it can protect against catastrophic outcomes and provide opportunities for progressives to make their case in specific instances. For example, without the right to free speech, some states might outlaw progressive speech on topics like Islam, abortion, gay rights, and police abuse.
Furthermore, in an era of #MeToo and #BlackLivesMatter, cheap speech has facilitated meaningful progressive discussions and enabled individuals to speak out against injustice without fearing state violence. Volunteer labor within online communities has effectively facilitated the spread of progressive ideas, challenging the notion that free speech inherently favors conservative or non-progressive ends.
In conclusion, while the modern American free speech tradition may be rooted in ideas about fixed property rights and limited government, it also provides progressives with a platform to express their views, organize, and pursue their goals. Progressives can leverage the right to free speech strategically, even if it cannot be solely relied upon to advance their agenda.
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Free speech and the risk of state violence
Free speech is a highly prized principle, but it is not without its critics. Some argue that free speech cannot be progressive, particularly when viewed in the American context, with its associated historical, sociological, and philosophical baggage. This school of thought contends that the American free speech tradition is deeply rooted in ideas about fixed property rights and equates freedom with government inaction, making it inherently non-progressive.
However, others assert that free speech can indeed serve progressive goals and protect progressives from potential disasters. They argue that while the current system may favour those with resources, the advent of cheap speech on social media platforms has created a golden age where anyone can make themselves heard. This view holds that free speech should be protected, even if it is not inherently progressive, as it can still be a valuable tool for progressives.
The notion of "cheap speech" is central to this debate. Critics of free speech, like Louis Michael Seidman, argue that it is dominated by the interests of capital and that speech management is so capital-intensive that it becomes less progressive. In his view, listeners are sequestered in "speech silos", shielded from progressive ideas, and real conversation becomes impossible. However, supporters of free speech counter that cheap speech has been associated with progressive successes, and it is notably low-risk for speakers who fear state violence for expressing their views.
While the debate continues, it is clear that free speech, when coupled with the risk of state violence, presents a complex issue. On the one hand, free speech can provide a platform for diverse viewpoints and protect against state overreach. On the other hand, it can also perpetuate inequality and potentially shield listeners from progressive ideas. Ultimately, the question of whether free speech can be progressive remains a subject of ongoing discussion and analysis.
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Frequently asked questions
Free speech cannot be progressive in the American context, with its historical, sociological, and philosophical baggage. However, it might serve as a side constraint on the pursuit of progressive goals and might protect progressives from catastrophic outcomes.
The argument, as posed by Louis Michael Seidman, is that the opportunity to speak is not egalitarian. Speech opportunities reflect current property distributions, giving the rich and powerful an outsized advantage.
Seidman argues that cheap speech, like that found on Twitter, is not progressive because it relies too heavily on capital. It needs to be managed by capital-intensive means, which can sequester listeners in "speech silos".
Yes, there are examples of progressives using free speech arguments to advance their goals. However, it is a mistake to think that free speech can systematically be used to advance a progressive program.
Progressives stand against government regulation when it is abused. However, they may accept a non-progressive government censoring progressive causes if it is done through the democratic process, i.e., "winning at the ballot box".
