204. Free speech revisited
Recently I discussed free speech (in item 198 of this
blog), but I want to come back to it, in response to a recent debate on the
issue between four philosophers on Dutch TV (on 22nd June 2015).
They were practically unanimous on the following, standard liberal view:
There is ‘liberal emptiness’: in liberal democracies
the state does not, or should not, provide a view of the good life. It should
not offer a ‘leading culture’. It is up to citizens to choose and discuss such
views. The crux of democracy is dialogue and debate among citizens, and that
requires free speech. Clearly, there are restrictions, in the
institutionalization of ‘public space’, for example against incitement to
violence. But whether or not free speech yields psychological or spiritual
damage is irrelevant. People should be able to bear it.
I agree with some of this, but I also have objections.
I think we need more practical wisdom.
In item 198 I argued that ‘speech acts’ can also be a
form of violence. But there is more.
First, liberal emptiness is an illusion. A society,
and groups within society, harbour a-priori views and values that are tacit and
taken for granted. They are assimilated in growing up, education, training,
professional practice, and functioning more generally as a member of society. They
constitute a ‘paradigm’ that forms the basis for unaware, tacit ideologies.
While liberal government may not intend to proscribe a leading culture, in fact
it does.
Liberalism is based on the doctrine of the autonomous
individual, able to make rational choice. On that cultural substrate the tacit
ideology has increasingly become that of ‘the market’.
Here I recall Wittgenstein’s notion of ‘language
games’ and Foucault’s idea that institutionalized views and values constitute
power structures that enable society but are also suppressive, in part. Even
the victims have internalized the taken-for-granted underlying values and
views.
As I argued elsewhere (in item 180), market ideology
is not value-free, as economists claim, but rests on a utilitarian ethic that
should in my view be replaced with a virtue ethic. That would include virtues
such as moderation, tolerance, empathy, openness and moral courage.[i]
Second, the liberal view is highly idealized and
unrealistic. The idea behind free speech is that unjustified ravings will be
revealed and discredited in public debate. That grossly overestimates the
rationality of public discourse, which is upheaval and noise rather than debate,
driven by emotions more than arguments. Negation of the holocaust is greeted
with assent in sections of society, in disregard of facts.
Third, while I agree that as much freedom of
expression as possible should be allowed, that is only half he story. While
demeaning, insulting, hateful speech may be allowed, that does not mean it is
good. Next to laws and regulations there is culture and civilization, with ethics
and morality.
The declared aim of free speech is to give room to
dialogue and debate. But dialogue requires not only room for debate but also capabilities
for it. That includes robustness to criticism and invective. It is too facile
to take that for granted. It also includes empathy: the ability to understand
people who think and see differently, and openness to see the possible
limitation and prejudice of one’s own view. That requires a sense of history
and of cultural differences. If the aim is dialogue, it does not help to attack
and insult people in their most fundamental beliefs and assumptions that form
the marrow of their cultural bones, constitute their identity. That will block
rather than trigger dialogue.
In sum, while government should not consciously prescribe
some ethic, it should be aware that in fact it does, implicitly. The choice of
ethics and values should indeed de left up to citizens, to the utmost, but
ethical debate can be stimulated and enabled. In educational policy government can
stimulate ethical awareness, knowledge, competence, empathy and openness, as
democratic virtues.
[i]See also my book How markets work and
fail, and what to make of them, Edward Elgar, 2014.