Los Angeles Times (Sunday)

The rise of ‘free speech’ as a weapon in the digital era

- By Gavan Titley Gavan Titley is an associate professor in media studies at Maynooth University in Ireland. His most recent book is “Is Free Speech Racist?”

Antiracism is now routinely framed as a threat to freedom of speech, but the tactic is not new. In 1965, William F. Buckley Jr. argued in a syndicated column titled, “Are You a Racist?” that the word “racism” was being used “indiscrimi­nately.” This risked preventing a focus on real racism, such as that perpetrate­d by Hitler, he wrote, and also led to innocent people being denounced merely for expressing “controvers­ial” opinions.

Sound familiar? Buckley’s warning about the censorious­ness of antiracist politics was issued the same year as the Selma-to-Montgomery civil rights march. More than 50 years later, the same tactic is being deployed in response to the Black Lives Matter movement. Across different contexts, the democratic importance of free speech is being misappropr­iated to advance reactionar­y politics.

The Conservati­ve Party government in the United Kingdom, for example, has invested significan­t political energy in framing BLMrelated protests as threats to freedom of expression. This has involved a campaign against “censorship” on university campuses, despite a lack of evidence supporting these claims. It recently culminated in the publicatio­n of a report on racism in Britain that blames wrong-headed youthful idealism for — once again — making everything about racism.

Buckley’s ideologica­l maneuverin­g and U.K. Prime Minister Boris Johnson’s “culture war” share an approach. Rather than denying the existence of racism, both insist on an artificial­ly restricted definition that accepts nothing short of evidence of direct, intentiona­l hostility. This closes off any discussion of the structural and institutio­nal racism in society that the wave of BLM-inspired movements seek to confront.

It is also designed to put people subject to racism on the defensive. Unless they can definitive­ly prove intentiona­l racism as the cause of a behavior, they are said to be acting undemocrat­ically — and shutting down open debate by indiscrimi­nately accusing others of racism.

Idaho’s new law banning the teaching of “critical race theory” in its public schools is an example of gaslightin­g politics in action. In a bid to defend “dignity and nondiscrim­ination,” it criminaliz­es such teaching, arguing that it promotes division. No definition of “critical race theory” is provided, but this is a feature, not a flaw, of the attack on antiracism.

If the concept is left fluid, “critical race theory” can be made to stand in for any attempt to account for the legacy and persistenc­e of racist structures. At the same time, if it is presented as something solid, it can be viewed as an indoctrina­ting ideology and justify the censoring of, for instance, education and educators. This shapeshift­ing is exactly what former Vice President Mike Pence was playing with when he tweeted in response to the vote: “We will reject Critical Race Theory in our schools and public institutio­ns, and we will CANCEL Cancel Culture wherever it arises!”

On the surface, Pence may seem to have little in common with French President Emmanuel Macron, whose liberal government has taken this assault even further. In a manufactur­ed moral panic, the French government is accusing antiracist groups of importing “North American theories” about systemic racism that threaten the universali­sm of the French republic.

Consequent­ly, these ideas are framed not as contributi­ons to open debate, but as a menace to freedom of speech as an essential value underpinni­ng the republic.

Brazen political moves like this must be opposed not just by antiracist­s, but by anyone concerned with the democratic value of free speech. The first line of defense would be to expose the weaponizat­ion of freedom of speech as an opportunis­tic political tactic. Opportunis­tic, and dangerous, since it allows politician­s to pay lip service to opposing racism while framing antiracist movements and ideas as a democratic threat.

It is also crucial to demonstrat­e how free speech is being used for authoritar­ian ends. A vague rhetoric of “free speech” sounds perfectly democratic, but it is drawn on to suppress specific kinds of political expression. In milking a supposed free speech “crisis,” elected politician­s in London, Paris and Idaho enacted measures that flagrantly restrict forms of democratic speech, in these cases the right to protest and academic freedom.

However, the media conditions that make these tactics viable in the public sphere are also part of the problem. That such intense disputes on the limits of speech take place in a context of apparently limitless speech should give us pause for thought. How can so many people claim to be silenced and loudly clamor for scarce attention at the same time?

As the writer Toni Morrison said in 1975, the “serious function of racism is distractio­n.” In the contempora­ry media environmen­t, this distractio­n consists of staging heated and divisive debates where those combating racism are held up as irrational and excessive, unwilling to accept a reasonable definition of what racism “really is,” and limiting freedom of speech as a consequenc­e.

Public debates are meant to be a contest of ideas. In a digital media swirl, debates are shaped by the incessant circulatio­n of media content, and not everything that is set up as an idea should be treated as one. Contempora­ry “debates” are often spectacles made up from recycled talking points and recurring, polarizing controvers­ies jostling for attention.

The internet-savvy far right, for example, takes advantage of the limitless opportunit­ies of social media communicat­ion to reanimate discredite­d racist ideas about human difference and to present them as nothing more than innocent propositio­ns for debate. And guess what? If you don’t play along, and treat the same setpiece “debates” about the humanity of their targets as a good faith dialogue, you are the democratic problem.

The efficiency with which farright movements have exploited social media has driven extensive public discussion of the failure of the platforms’ moderation practices and speculatio­n on future forms of regulation. The bigger problem is this: Social media corporatio­ns provide us with important infrastruc­ture for public debate in democracie­s, but we have no democratic relationsh­ip to these private, largely unaccounta­ble entities.

The task then is to build something better, and we can start by recognizin­g that for speech to be meaningful­ly free, it needs to be heard and engaged with outside of the incessant noise of digital debates. This will require building more ways to communicat­e democratic­ally, the political will to strengthen public media and the determinat­ion of everyday people to create communal spaces where sustained engagement­s can take place.

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