Free Speech, but Not for All Ideas

The French philosopher Voltaire is quoted as having said, “I disapprove of what you say, but will defend to the death your right to say it.” Many modern American institutions do not share this view.

A couple decades ago I first heard the term “political correctness,” then in the context that universities, which you would think are the haven for all sorts of ideas, were inhospitable to certain ideas, usually described as “-ist”: e.g., racist, sexist. More recently these content-based restrictions on speech have been justified by the asserted need to provide “safe spaces” for those offended by the ideas.

How often have we read of a public employee expressing some idea only to be met with the employer promising an investigation and asserting that those ideas “do not reflect our values”?

NJ.com recently reported that the mayor of Bloomfield was trying to prevent the opening of a Chick-fil-A restaurant in the local Garden State Parkway service area . (The same article was published in the Star Ledger on January 15, 2022.) The objection was not to the quality of the food but to the political views of the company’s leaders. The article quoted the mayor as saying: “Bloomfield is a diverse community accepting of all races, religions and sexual orientations, which is the antithesis of what this chain stands for.” The company can have, and perhaps express its opinions, but we’re going to punish it for them.

On January 18, 2022, the United States Supreme Court heard argument in Shurtleff v. Boston (transcript available here). For almost two decades the City of Boston had a program whereby groups could request to raise a flag on a City-owned flagpole in front of City Hall for a brief time. (The City’s own flag usually flew on that pole.) During this period there were hundreds of requests from various groups; all were approved — until the petitioner’s group requested permission to fly the “Christian flag” for one hour. The request was denied. As expressed by the City’s attorney during oral argument, “[T]he City … will not put up a flag that is discriminatory, offensive, or that supports religion.”

Clearly, many disagree with Voltaire and believe that free speech does not apply if they disapprove of what you want to say.

Jay Bohn
January 20, 2022