by Robert Jensen
Smart people sometimes say not-so-smart things about freedom of speech.
Let’s start with Elon Musk, the boss at Tesla and SpaceX, and his often-quoted declaration that he is a “free-speech absolutist.” Whatever one thinks about Musk, he seems to be a smart person. But that’s a silly statement.
After he bought Twitter and then banished from the platform various people whose speech he didn’t like, critics labeled Musk a hypocrite. I’m not much interested in that, since I’ve never met anyone who didn’t have a bit of hypocrisy hiding somewhere in their lives, myself included. A more important observation is that if Musk, and all the other people who claim to be free-speech absolutists, actually meant it, they would be admitting that they are moral monsters.
No one really means it. There is no such thing as a free-speech absolutist.*
To be a true absolutist—and to endorse that as the guiding principle for First Amendment law in the United States—would mean rejecting any limits on any speech no matter what the consequences. That’s what “absolute” usually means—to do something, well, absolutely, without exceptions.
Absolutism would mean there would be no libel laws allowing people to recover damages when others deliberately lie about them. There would be no laws against the distribution or possession of child sexual abuse materials, once more commonly called child pornography. There would be no laws against speech that advances a conspiracy to murder someone. And the list goes on.
Imagine that I publish a story saying Elon Musk runs an international drug trafficking ring, that he uses those illicit profits to offset hidden losses at Tesla, and that his mismanagement of the electric car company is the result of his addiction to fentanyl. That story is, to the best of my knowledge, false on all counts. If Musk sued me for knowingly making false and defamatory statements (the kind that injure one’s reputation), he likely would recover money damages, punishing me for my speech, a rejection of an absolutist interpretation of freedom of speech. Most people would agree that libel law is justified. Read more »

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