What We Talk About When We Talk About Free Speech

Another day, another free speech debate. Harper’s Magazine published a July 8th open letter titled “A Letter on Justice and Open Debate,” signed by many famous and influential people. The argument in it is hardly new or particularly in depth, but it has kicked over the hornet’s nest (again), probably because it was signed by J. K. Rowling, who is embroiled in her own controversy. But the ideas in it are reasonably clear and well laid-out, so it provides a meaningful foil for those of us who find ourselves on the other side of the “free speech” debate.

For the sake of this discussion, I’m going to focus on the debate as it plays out in the media and in journalism. The letter mentions the academy, but the arguments around speech in the academy are actually quite specific and unique. They deserve their own treatment as a separate issue, and one that I will not meaningfully touch here.

What is free speech?

It’s a mistake to say that the letter is about free speech, and the letter never actually uses the phrase. This hasn’t kept every headline about the letter from mentioning free speech, however, so it’s worth discussing why the misnomer keeps getting applied. Strictly speaking, free speech is a legal reality in which the government cannot take action against you for things you’ve said. No one on either side of the debate is substantively arguing that free speech should be suspended, and very few examples of the “free speech debate” actually touch on issues of free speech (the…