Chattanooga Times Free Press

ISRAEL-HAMAS WAR TESTS LEFT’S VIEWS ON CANCEL CULTURE

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Most people seem to think that free speech means saying whatever you want without consequenc­es. But that’s never been true — at least, legally speaking. The First Amendment stops the government from punishing you for your opinions. Beyond that, you’re on your own.

So-called “cancel culture” offers a clear example of how what you say can have consequenc­es. Those canceled in recent years mostly found they had little recourse other than abjectly apologizin­g and hoping the cancellati­on would have a sell-by date. Consequenc­es ranged from getting fired to losing work to simply being criticized — albeit brutally.

As it happened, most canceling initially came from the left. As a consequenc­e, most leftists either thought there was nothing wrong with the practice or pointed out that “cancellati­on” was nothing more than the exercise of free speech by critics. The right, for its part, complained bitterly but offered little in the way of a principled objection to the idea that people are free to criticize, even boycott, opinions they don’t like. In the end, cancellati­on emerged as a phenomenon enabled by the combinatio­n of free speech and free market forces.

Since Hamas’ terrorist attack on Israeli civilians on Oct. 7, the political winds of intense public criticism have shifted. Left-leaning critics of Israel are now finding themselves the targets of calls for cancellati­on.

Paddy Cosgrave, the CEO of Web Summit, had to step down after a tweet that called out Israeli war crimes but never mentioned Hamas, let alone its intentiona­l killing of noncombata­nts. Cosgrave tried to retract and contextual­ize, but his efforts were not sufficient to save his job. He’s only the most prominent example — others whose tweets have cost them employment include journalist­s and actors.

Private employers don’t adhere to the principles of academic freedom nor are they bound by the First Amendment. Their calculus is different: They have to weigh the reputation­al costs of hiring people associated with controvers­ial political positions against the reputation­al costs of being seen as having a political litmus test for employees.

Our polarized politics mean that companies must tread carefully when they make expressly political decisions.

As for individual­s, we no longer have sharp dividing lines between our social media lives, our work lives, and our expression of political ideas. It follows that we had better realize that that the difference between contexts determines the consequenc­es of our speech. The First Amendment remains a bedrock of democratic values, but it protects us from the state, not from each other.

Bloomberg

 ?? ?? Noah Feldman
Noah Feldman

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