Canada, like most other countries, does not have as robust a free speech tradition as we do in the US. They also have hate speech laws, which we (so far) have not passed here, although many universities have codes against hate speech.
If you think I’m overstating the difference between the US and most other countries of the world on the rules about hate speech, just take a look. Many people around the world no doubt think that’s an example of our barbarity; I happen to think it’s an example of our historical devotion to liberty (part of American exceptionalism), and one that is increasingly under threat.
But liberty is always under threat, and that threat often arrives in the guise of “helping” people. In the case of hate speech, banning it is with the ostensible goal of smoothing ruffled feathers and comforting the distressed (or preventing their distress in the first place).
It always seemed to me that a few ruffled feathers—or many ruffled feathers—was the price we paid for liberty, and that we should (and must) willingly pay it to retain our liberty. I felt that way back when I was a liberal Democrat (see this post, from which the following excerpt comes; it describes an incident that happened to me in the early 1990s):
The [anti-free speech] trend was already quite highly developed and deeply entrenched at the time, much to my surprise, even though it had escaped my notice till I returned to campus life.
But I discovered it when the young women in an undergraduate class I was required to take for my Master’s””a class which, being in the social sciences, consisted almost entirely of women””were virtually all in favor of a definition of actionable offensive speech that went something like this: “speech that offends any person in the subjective sense, rather than speech that is in fact objectively offensive.” In vain I stood up in front of the 100-or-so students, most of them around twenty years younger than I, to ask what the limits of this might be, to suggest that it was wrong to allow the most sensitive among us to dictate what was unacceptable, and to speak up for free speech in general. I was met with uncomprehending stares and impatient dismissal, a fossil in my own time.
I realized that something was terribly, terribly wrong. Not one person appeared to agree with me, or if they did they weren’t saying so publicly or privately. And the professor, a woman just a couple of years younger than I, was clearly on their side. I have never forgotten it, and although at the time I didn’t put it in a political left/right context (that came later), I realized it was a frightening development and it made me feel very, very uneasy and quite alone.
It was a foretaste of things to come, both politically and personally. And even then (nearly thirty years ago) it was already quite well established at the university level.
Yesterday I put up a video of Lindsay Shepherd declaring goodbye to being on the left due to the anti-free-speech attacks on her. Shepherd is in her early twenties, so she wasn’t even conceived when I had that moment of truth in my class (appropriately enough, it was a class in Human Sexuality) so long ago. But she’s learning; she’s learning, and she’s teaching, too, by her example. It’s probably not the teaching she was expecting to be doing when she signed up as graduate student and teaching assistent at Wilfrid Laurier University in Canada.
If you don’t know Shepherd’s story, you can get up to speed on it here (the article is long, but fascinating). Suffice to say she got into a pack of trouble for merely showing a few minutes of a Jordan Peterson video (as one view among many that she showed) in which he took a stand for free speech and the right to not call transgendered people by their preferred pronouns. Since then, she has publicized her case and become quite famous.
In that article I just linked, I found some good demonstrations of the two basic opposing points of view on free speech. The first comes from Shepherd’s supervisor Nathan Rambukkana, during an interview with her that she recorded:
When Rambukkana brings up the Charter of Rights and Freedoms, and suggests Shepherd created an unsafe learning environment, she starts to cry. “I’m sorry I’m crying,” she says. “I’m stressed out because this to me is so wrong, so wrong.”
Shepherd asks who she’s targeted in all this. Joel tells her “trans folks.”
“By telling them ideas that are really out there? Telling them that? By telling them? Really?” Shepherd asks.
“It’s not just telling them. In legitimizing this as a valid perspective…,” Rambukkana starts, before Shepherd cuts in, saying: “In a university, all perspectives are valid.”
Rambukkana replies: “That’s not necessarily true, Lindsay.”
Rambukkana talks about Peterson’s popularity among the alt-right community, and at one point says that playing a clip of the University of Toronto professor, without giving any context for the students, “is like neutrally playing a speech by Hitler.”
To me, the heart of the matter is the phrase “unsafe learning environment.” Obviously, learning environments must be “safe” in the sense of “safe from physical harm” (or as safe as reasonably possible, knowing that absolute safety will never be achieved). To do this, we have building codes and the like, and campus security guards. These are all reasonable and customary standards, although even those are sometimes in dispute (for example, should students and/or teachers be allowed to carry guns on campus?).
But physical harm has now become conflated with “mere words”:
Matte [a historian teaching in the Sexual Diversity Studies program at the University of Toronto] responds [to Jordan Peterson]: “I don’t care about your language use. I care about the safety of people being harmed. [”¦] I want people to be aware that trans and gender diverse communities””and especially people of colour””are being targeted and threatened physically.
But if someone is being attacked physically, there is an enormous body of law that deals with those issues, and transgendered people are no different than anyone else in that respect and can avail themselves of the appropriate laws. Whatever happened to the old child’s adage: “Sticks and stones may break my bones, but names will never hurt me”? The distinction had meaning in my childhood, and it should still have meaning now, but to the anti-free-speech forces there is hardly any difference between the two (although they want the freedom for themselves to call their opponents “Hitler”).
Note, also, that in that Matte quote he says he doesn’t care about Peterson’s “language use.” Ah, but it’s not “language use”—it’s freedom of speech. And in fact, it’s the Mattes of the world who care very much about “language use,” and who would limit freedom of speech in order to protect the feelings of protected groups.
This is the counter-argument, one I support:
…the so-called Chicago Principles of Free Speech, a guideline from the University of Chicago, that states “it is not the proper role of the University to attempt to shield individuals from ideas and opinions they find unwelcome, disagreeable, or even deeply offensive.”
I’m pleased that any university in America still sees it that way. I would further state to students that if they want to silence or ban speech on campus that merely hurts or offends them, they’re not yet ready for college. If they want to be treated as adults they need to act as adults, and if they want to enter the marketplace of ideas they need to learn to marshal arguments to counter speech they don’t like rather than expecting the world to protect them from even hearing it.