Ep. 214: ‘Private Censorship’ with J.P. Messina

The First Amendment forbids government censorship. Private institutions, on the other hand, are generally free to restrict speech.

How should we think about private censorship and its role within a liberal society?

On today’s episode, we’re joined by J.P. Messina, an assistant professor in the philosophy department at Purdue University and the author of the new book, “Private Censorship.”

Also on the show is Aaron Terr, FIRE’s director of public advocacy.

Timestamps

0:00 Introduction

3:10 The origin story of “Private Censorship”

8:29 How does FIRE figure out what to weigh in on?

12:04 Examples of private censorship

18:24 Regulating speech at work

22:21 Regulating speech on social media platforms

30:09 Is social media essentially a public utility?

35:50 Are internet service providers essentially public utilities?

44:43 Social media vs. ISPs

51:02 Censorship on search engines

59:47 Defining illiberalism outside of government censorship

1:16:06 Outro

Show Notes

Packingham v. North Carolina (2017)

Cloudflare’s announcement regarding the Daily Stormer

On May 1, the U.S. House of Representatives passed the Antisemitism Awareness Act by a vote of 320 to 91. Proponents of the law say it is necessary to address anti-Semitic discrimination on college campuses. Opponents argue it threatens free speech.

Who’s right?

Kenneth Stern was the lead drafter of the definition of anti-Semitism used in the act. But he said the definition was never meant to punish speech. Rather, it was drafted to help data collectors write reports.

Stern is the director of the Bard Center for the Study of Hate. His most recent book is titled, “The Conflict Over the Conflict: The Israel/Palestine Campus Debate.”

Timestamps

0:00 Introduction

04:06 Introducing Ken Stern

7:59 Can hate speech codes work?

11:13 Off-campus hate speech codes

13:33 Drafting the International Holocaust Remembrance Alliance definition

21:53 How should administrators judge anti-Semitism without the IHRA definition?

27:29 Is there a rise in unlawful discrimination on campuses today?

40:20 Opposition to the Antisemitism Awareness Act

43:10 Defenses of the Antisemitism Awareness Act

51:34 Enshrinement of the IHRA definition of anti-Semitism in state laws

53:57 Is the IHRA definition internally consistent?

59:21 How will the Senate vote?

1:01:16 Outro

Show Notes

IHRA definition of anti-Semitism

The Antisemitism Awareness Act

Transcript

Host Nico Perrino joins his FIRE colleagues Will Creeley and Alex Morey to answer questions about the recent campus unrest and its First Amendment implications.

Timestamps

0:00 Introduction

0:41 What is FIRE?/campus unrest

5:44 What are the basic First Amendment principles for campus protest?

11:30 Student encampments

18:09 Exceptions to the First Amendment

29:01 Can administrators limit access to non-students/faculty?

34:13 Denying recognition to Students for Justice in Palestine

36:26 Were protesters at UT Austin doing anything illegal?

40:54 The USC valedictorian

45:09 What does “objectively offensive” mean? / Does Davis apply to colleges?

46:55 Is it illegal to protest too loudly?

50:03 What options do colleges have to moderate/address hate speech?

54:20 Does calling for genocide constitute bullying/harassment?

59:09 Wrapping up on the situation

Show Notes

“USC canceling valedictorian’s commencement speech looks like calculated censorship,” Alex Morey

“Emerson College: Conservative Student Group Investigated for Distributing ‘China Kinda Sus’ Stickers,” FIRE’s case files

“HATE: Why We Should Resist it With Free Speech, Not Censorship,” Nadine Strossen

“Defending My Enemy: American Nazis, the Skokie Case, and the Risks of Freedom,” Aryeh Neier (pdf)

“David Goldberger, lead attorney in ‘the Skokie case,’” “So to Speak” Ep. 118

Transcript