Skip to main content

Friday Special: The Left’s New Fear of Speech


As we said there in rejecting Virginia's claim that the only way it could enable its citizens to find their self-interest was to deny them information that is neither false nor misleading: "There is… an alternative to this highly paternalistic approach. That alternative is to assume that this information is not in itself harmful, that people will perceive their own best interests if only they are well enough informed, and that the best means to that end is to open the channels of communication rather than to close them.

- Thurgood Marshall, Linmark Associates, Inc. v. Township Of Willingboro, 431 U.S. 85 (1977)


With 2020 being such a caustic year, many novel innovations will be forgotten. Does anyone remember that the global shutdown was supposed to last three weeks to “flatten the curve?” The phrase probably rings a bell now that you hear it, but I bet you haven’t thought of it lately. We took for granted that something had to be done. We blithely accepted that lockdowns were the only answer. And then we promptly forgot that they were supposed to last less than a month. One innovation that must not be taken for granted, blithely accepted, and finally forgotten, is the way the media elites have taken it upon themselves to shield the public from information the elites don’t think we should have. 


To be clear, no state or federal laws have been broken. The first amendment doesn’t apply to private companies. So Facebook and Twitter can delete posts and shut down accounts linking to medical professionals who stepped outside the prescribed orthodoxy on Covid-19 policy. CNN can refuse to air a political ad. The broadcast networks can all decide independently to refuse coverage of a reliably-sourced story that makes one candidate look bad, even when four years before they couldn’t hide their glee in covering a similar story with much less reliable sourcing. None of that is against the law. But it used to be that their audience would evaporate over coverage so thoroughly Anti-American. To be absolutely clear, I do not mean to imply that one political party is “American,” and the other is Anti. I mean to state flat out that interfering with the free dissemination of viable information - no matter who benefits - is unAmerican. 


We used to take for granted that the cure to bad speech was good speech. If you don’t like what someone is saying, go out, speak your mind, and convince people that you’re right. We used to compete in the marketplace of ideas. In fact, it was liberals who used to be the best at making that argument. Justice Louis Brandeis, who was appointed by Woodrow Wilson, is often credited with popularizing the counter-speech doctrine. Decades later, no less an authority than civil rights champion Thurgood Marshall authored an opinion citing the same reasoning. Certainly there is a difference between government prohibitions on speech and private censorship. But these actions raise several questions. What happened to counter-speech? And when did the so-called news outlets decide it was okay to be openly partisan? And why is anyone still watching? 


If liberals are really the bearers of truth, justice, and all that is good, why are they so afraid of conservative speech? 


Mike Davis is a Research Fellow at 1889 Institute. He can be reached at mdavis@1889institute.org. 


The opinions expressed in this blog are those of the author, and do not necessarily reflect the official position of 1889 Institute.


Popular posts from this blog

When It Comes to the Cox Center, “What if I Get to Meet a Movie Star?” Isn’t Good Enough

In a recent   post , 1889 Institute expounded on the fiduciary duty of elected officials “to act in the best interest of the people of the state as a whole,” a “high duty, executed as a public trust … wherein one puts the people’s interest above one’s own.” This fiduciary duty must not stop with elected officials. Once an elected body or an elected official – the legislature, a city council, the governor, or a mayor – has taken final action, the faithful implementation of each enacted law, policy, or program falls to an army of bureaucrats. Thus, a fiduciary duty to execute laws and policies with diligence and integrity, tantamount to that of elected officials, must extend to government employees. Recently, I had a few moments to sit down and watch a show with my children. Unsurprisingly, my son picked a series entitled “The Stinky and Dirty Show.” I was naturally skeptical that the show would yield any real value. However, as I watched, I found myself pleasantly surprised. Each ep...

I Abstain: Why I Refuse to Vote in Judicial Retention Elections

Over a million Oklahomans voted in the recent November 3rd election. For most, the presidential race between Joe Biden and Donald Trump is what drove them to the polls. However, some were likely confused when they reached the bottom portion of their ballot marked “Judicial Retention Elections.” What are judicial retention elections? Every two years, certain judges are placed on the ballot for a simple yes/no retention vote. These elections stem from Oklahoma’s   judicial selection method , and ask voters whether they want to keep, or retain, certain judges. Elections are staggered so judges only face retention every six years. Many claim that the merit selection method is a more sophisticated, apolitical judicial selection method than the federal model or the partisan election model, but in reality it is   much worse   than either of the two. In essence, the retention vote was a patronizing attempt to make “merit” selection more palatable to   voters back in the...

COVID-1984: Have Americans Become Too Complacent in Our Liberties?

Alongside the coronavirus, another pandemic is gripping our country, one that we will feel the consequences of long after we reach herd immunity. I dub this pandemic COVID-1984, and I fear it will rot the roots of the Tree of Liberty. The consequence will be a government emboldened by a passive citizenry. One of the most surprising aspects of our current situation is how willing people have been to report their fellow citizens to authorities for the most minor and meaningless offenses. I used to wonder how people in authoritarian countries like Stalinist Russia and Maoist China went along with those cruel regimes. It turns out a tiny bit of fear is all you need to be a successful dictator. And now it’s all the easier to report your neighbors for reading alone on the beach with tip lines.   Even as governors and judges begin to lift stay at home orders, mayors are extending them. A county judge issued a temporary restraining order against Illinois Governor J.B. Pritzker’s sta...

COVID Inspires Tyranny for the "Good" of Its Victims

The Christian philosopher, C.S. Lewis, once said, "Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies." The moral busybodies C.S Lewis warns of reminds me of those who would have Americans give up their liberty to combat COVID-19.   A recent Oklahoman op-ed compared COVID-19 to World War II, stating that the number of deaths from COVID-19 is approaching the number that died fighting for this country and the freedoms it protects. This comparison is, of course, nonsense. This suggests that a virus with a high survivability rate is an equivalent threat to the Nazi and Japanese regimes that brutally murdered millions. The piece uses wartime rationing of meat and cheese, a sacrifice necessary to ensure men on the front lines had adequate nutrition, to justify Americans accepting counterproductive lockdowns in exchange for additional stimulus c...