Where Does Freedom Of Speech Begin and Where Does It End…If Ever?

FIRE!!!!!

The above is a cry that saves lives in the right circumstances. In the wrong circumstances, it can cause harm and even death. And that thought has become a popular analogy for measuring what is and isn’t free speech. 

Last week, I asked about censorship and if it affected you. Have you shouted, “Fire!” or known someone who has? In any circumstance?

I urge you to Google or Bing (you get it, search) Schenck vs. the United States in 1919 to get a full understanding of the case. Then, you’ll know why Justice Holmes partially changed his mind on his own ruling—which was then partially overturned in 1969 by Brandenburg v. Ohio.

It’s fascinating that the understanding of banned speech, in the United States, is now limited to “that which would be directed and likely to incite imminent lawless action.” 

I don’t know about you, but it seems to me that we have clear and present examples on a daily basis, from Politicians and would-be’s, influencers, paid rabble-rousers, and ordinary citizens all over the world who sadly and dangerously meet these simple criteria. 

The real question…the simple question that everybody’s wondering but nobody’s actually asking is…WHO DECIDES?

Who indeed. 

Again, do the search. For example, it’s fascinating what one group will ban versus another. In fact, it's almost comical to look at library book lists censored by Right Wing councils versus those on the Left. The funniest is when they ban the same book, albeit for different reasons.

I keep bringing up Father Coughlin, a vicious Anti-Semite and Nazi supporter, who had a CBS radio show in the 1930s. (Social media pundits take note…) He had more than 20 million people listening to him live. In the end, he was self-regulated by the National Association of Broadcasters (NAB), which gave sharp teeth to their own Code of Ethics. They mandated stricter standards of social responsibility in radio, which they read and enforced as not selling airtime for divisive religious or political commentary. 

The truth is the NAB, which consisted of almost 500 radio stations, was worried about getting slammed by the Federal Communications Commission (FCC), who made it clear they were about to intervene with more serious regulation.

Seriously, do look Coughlin up. The parallels to today will astound you—including his support of political candidates, a call to March on Washington DC, and the debate on censorship. Ironically, he was supported by some of the very people he hated because they viewed the precedent as wrong. 

I will add that self-regulation is distinctly a US-American custom. One that brings together an industry and self-imposes a standard of behavior that meets the general need; thus, blunting the need for imposed government regulation. Look this up, too. Trust me; it’s worth the clicks...the Movie and Comic Codes.

For years, I advocated, to no avail, amongst my friends and colleagues in the Social Media world to band together, much like the radio station owners did back in the last century, to agree on a standard of behavior and acceptance. 

We all know the outcome of that futile plea. We have allowed them all to become “Tech Giants”—not media outlets. Need I say more? BTW, follow their earnings announcements…it’s lower advertising revenue that’s negatively affecting them…tech? Enough already!

Censorship and Regulation…both with capital letters. It’s a hot topic with increasing concern when balanced with Freedom of Speech and the “False Shouting of Fire.”

As I try to do in my full confessional transparency, completely non-scientific but highly (I think) insightful polls, I kept my latest question simple and different to learn more:

“Have you been shadow-banned or censored for speaking up about your beliefs?”

• 45% say YES, they have.
• 41% say NO, they haven’t.
• 14% say they don’t know.

As for me, I have been:

Trolled. 

Threatened. 

Called names. 

And on and on…but none of my personal posts have ever not been posted or banned. 

On the other hand, some posts from amazing, non-political organizations about fighting Anti-Semitism were strangely banned by Facebook. And, despite contact at the highest levels, some posts were never posted to everyone’s chagrin. 

As usual, I want to point out that your comments are what makes these posts so valuable. I thank you, as always, and suggest that all my readers read through them. Here’s what some of you said: 

• “Censorship online forces us to self-censor. We are afraid.” —EK
• “It's OK to have different opinions. Unfortunately, not everyone treats their opponents with respect.” —S V-K
• “I’m honestly surprised I’m still alive.” —NA
• “Needs to be discussed more…a delicate balance between moderate moderation of content to ensure that it doesn’t promote misinformation.” —TM
• “Yes, I think a lot of people have already felt online censorship.” —BW
• “A major challenge…a situation is true in our direct and lived experience…but… contrary and inconvenient to the predominant…narrative.” —CL
• “At workplace because sharing a post on LinkedIn that is different from the views of the owner lead to passive-aggressive behavior by the owner.” —MH
• “Today sharing even scientific facts can activate punitive measures.” —HTD
• “The onus is always on the reader to decide for themselves what is acceptable or not, real or fake.” —JL
• “Censorship works by flooding you with immense amounts of misinformation, of irrelevant information, of funny cat videos until you are unable to focus.” —CJ
• “Made my convictions stronger.” —KW

And so much more. I noticed these themes emerged:

• Freedom of Speech is paramount to all 
• Social gets mentioned as a “free zone”
• It is an issue for all

Some additional thoughts:

• If you work and take a salary, your employer has rights on what you post. If you don’t like it, do the right thing like MH and resign.
• Social might look good today, but what happens if it gets out of hand? See the Father Coughlin story again.
• #thinkbeforeyoushare is a strategy—not a fix.
• People love to believe shit, and worse, share it.

The good news is that most agree there is an issue. While not all agree on a fix, what seems clear to me is that R-E-S-P-E-C-T is a great place to start. 

Don’t forget to do your own small part, #thinkbeforeyoushare. 

Do you think we are nearing the end of free speech? What’s your view?