Free Speech at Princeton

Peter Singer talks with students at a dinner sponsored by the Princeton Journal of Bioethics.

Maria Wissler ’18

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By Christopher L. Eisgruber ’83

Published May 25, 2017

3 min read

Vigorous argument is the lifeblood of learning and scholarship. For that reason, I agree emphatically with a statement adopted by our faculty in 2015 that reaffirmed Princeton’s commitment to guarantee “all members of the University community the broadest possible latitude to speak, write, listen, challenge, and learn.” This freedom extends to the expression of ideas that may be “unwelcome, disagreeable, or even deeply offensive.”

Many people worry about the state of campus speech today, and understandably so. Higher education has been embarrassed by appalling incidents such as the one at Middlebury College, where protestors shouted down Charles Murray and some physically assaulted him and his host, Professor Allison Stanger. Princeton’s own Professor Peter Singer was interrupted repeatedly when he tried to speak with an audience at the University of Victoria in Canada.

If one were to judge by media reports, one might assume that the events at Middlebury or Victoria were windows into the prevailing attitudes of college students today. I think that is quite wrong, on college campuses generally and at Princeton in particular. Disruptions are widely reported; civil discussions and peaceful protests are not.

Few people beyond our campus noticed, for example, when the Princeton Tory, the Princeton College Republicans, and the American Whig-Cliosophic Society co-hosted a speech by former Senator Rick Santorum on April 18. More than 100 Princeton students attended. Santorum spoke for about 30 minutes. Our students then asked sharp, tough questions, and Santorum defended his position vigorously.

When the event ended, Santorum thanked Princeton’s students for being “very polite” and “respectful.” “This is what should happen on college campuses,” he said. Students responded with applause. Santorum then added, “I don’t agree with you on some things, you don’t agree with me on some things. Hopefully you learned some things, I learned some things. That’s good: it’s iron sharpening iron.”

My conversations with Princeton students convince me that most of them appreciate and respect the importance of free speech to an academic community. To be sure, a few students have told me they would like the University to suppress views they find offensive, but the vast majority of students with whom I have spoken value Princeton’s fundamental commitments both to free speech and to inclusivity. They seek not to avoid vigorous argument, but to practice it while also showing respect for each other, especially for fellow students who are personally affected by claims about topics such as gay marriage, immigration, racial equality, or religious freedom.

It is especially challenging for campuses to find ways to respond appropriately to speakers like Milo Yiannopoulos who seem deliberately to incite audiences or offend listeners. Even such professional provocateurs have a right to state their views without censorship—but protecting that right can be difficult, particularly when they attract or bring outsiders spoiling for a fight.

When a controversial speaker comes to campus, members of the community have several acceptable choices about how to respond: they may attend the event and try to question the speaker; they may simply stay away from the event; they may criticize the decision to invite the speaker; or they may protest the speech without disrupting it. So long as the speaker is allowed to proceed and be heard, all of these options are consistent with the requirements of free speech: a peaceful protest is an exercise of free speech, not a renunciation of it.

Some students and faculty protested quietly when Charles Murray spoke at Princeton a little more than two months before his Middlebury appearance. As the lecture began, a group of students and faculty walked out silently to indicate their opposition to his work. The response to the protest on campus was mixed: some people argued that it would have been better if the protestors had listened to Murray’s lecture and challenged his views.

Challenges to decisions to invite speakers come from both ends of the political spectrum. For example, in 2014, when Princeton’s Department of English sponsored a lecture by Richard Falk, an emeritus professor and vehement critic of Israel, the Wall Street Journal published an editorial condemning the selection of Falk as a cause for “shame” and urging academia to “shun” the controversial speaker.

I respect the choices made by those who peacefully protest or criticize the selection of a speaker whose views they find offensive, provided they do not attempt to disrupt or suppress the speech. Peaceful protest that respects the right of others to listen or engage is not an interference with free speech; on the contrary, it is itself an exercise of free speech.

I am glad, however, when I witness events where students, faculty, and outside speakers engage vigorously but civilly across political and ideological lines. Those interactions can require courage, but they also generate the kinds of opportunities for learning we aim to provide. They are, as Rick Santorum said, an essential part of “what should happen on college campuses.”

16 Responses

Norman Ravitch *62

6 Years Ago

There is one aspect of free speech rarely addressed except by academics amongst themselves. It has to do with how faculty are recruited and hired. At the best schools the faculty plays the largest part in the process, but not infrequently various ideological causes take precedence over mere scholarly prominence in decisions, especially outside of the hard sciences. I for about 38 years participated in such recruitments and hirings, and I was often dismayed at how much ideological prejudice and commitment often overrode more scholarly criteria. I could give examples, but won't, that would make your hair stand on end. Free speech also means freedom to teach as you believe, based on objective standards of scholarship and evidence -- not freedom to use your position as a lectern for doubtful causes, something that today we might call Fake Scholarship, in line with Fake News so-called.

Norman Ravitch *62

6 Years Ago

Can you really discuss whether there should or should not be free speech at Princeton (or any other university) before you discuss what the purpose of this institution is? Is the institution there to enforce a certain common set of beliefs and attitudes, some of which are labeled acceptable, some desirable, some doubtful, and some racist? Or is the purpose of the institution to encourage research, thought, and service to some community, local, national, or whatever? The slogan "Princeton in the Nation's Service," what does it mean? I think too many speak their mind without knowing what they hope to accomplish and whether what they hope to accomplish is desirable or not, accepted by the venue or not, etc. Jean-Jacques Rousseau distinguished between the Will of All and the General Will. Scholars differ on exactly what he meant, but at least he meant, I would venture to say, that what people want (or want to say) is not the same thing as what they should want (or want to say). To some this could sound totalitarian; it has to many scholars. To others it recalls that good societies need citizens (or Republics need republicans) who are less fixated on their desire for rights and more devoted to their civic duties -- duties to the whole community. A different understanding of freedom underlies these distinctions. So since freedom of speech is a RIGHT, should we perhaps think about whether it should be supreme or should be secondary to the Duty to tell the truth.

I have never made up my mind about all this -- still as a professional academic of the 18th-century mind -- but I offer my observations in the hope that more fundamental things will be discussed and pondered, rather than whether Professor X should have been shouted down by Messrs. Y and Z.

Marie Basile McDaniel ’01

7 Years Ago

President Eisgruber ’83 is clearly a proponent of the traditional role of free speech (President’s Page, June 7). I’m reminded of the movie The American President, when Andrew Shepherd stands up and defends free speech: “You want free speech? Let’s see you acknowledge a man whose words make your blood boil, who’s standing center stage and advocating at the top of his lungs that which you would spend a lifetime opposing at the top of yours.” I’ve always admired this sentiment. However, I’ve increasingly realized that it is antiquated, and frankly dangerous. It exists in a world where people are swayed by logical argument, and two sides with equal intellect can persuade people just by the force of argumentation. We don’t live in that world.

Free speech has also never been an absolute. There are limits to it. You can’t yell “fire” in a crowded theater. You can’t encourage someone to kill themselves via text. Hate speech is not protected as free speech. There are limits, and a college like Princeton can and should have a discussion on where those limits should be. Odious speakers may not be legally persecuted for their views, but it doesn’t follow that Princeton should give them a platform.

Tom Cunniff ’89

6 Years Ago

As an attorney, I am dismayed by the lack of knowledge displayed in Marie Basile McDaniel ’01’s letter to PAW on free speech (Inbox, Sept. 13). Ms. McDaniel states that “[h]ate speech is not protected as free speech.” This is simply wrong. There is no legal category known as “hate speech,” and the Supreme Court has repeatedly stated that the right to free speech protects “the thought we hate.” To cite just two recent examples, it protects the disgusting protests of Westboro Baptist Church and the Slants’ use of a racial epithet to name their band. Nor would removing “hate speech”— however defined — from First Amendment protection help the disadvantaged. History teaches us that the disadvantaged have the most to lose from restrictions on free speech. If “hate speech” can be banned, how will we respond when a state prosecutes someone for calling others racist? (“How hateful!” the alt-right will exclaim.)

Ms. McDaniel’s letter inadvertently makes this point. She cites Oliver Wendell Holmes’ dictum that you cannot shout “fire” in a crowded theater. Holmes made this statement in Schenck v. U.S. in the course of upholding the convictions of socialist anti-war protesters for distributing pamphlets opposing the draft. Schenck is almost certainly not good law today, and my guess is that Ms. McDaniel would be appalled if she knew the provenance of that trope and the uses to which it has been put. 

In light of this letter, I hope that President Eisgruber ’83 will not only continue to stand up for free speech, but to undertake efforts to ensure that current and future undergraduates have a better understanding of these rights and their importance.

Andrew Wilson ’72

6 Years Ago

Published online Oct. 23, 2017

Marie Basile McDaniel ’01’s letter presents an interesting, self-referential logical paradox. Her proposition one is: “A world where people are swayed by logical argument ... We don’t live in that world.” What does that mean? American higher education has totally failed to produce an educated populace. OK; for sake of argument, let’s grant that. On to her proposition two: “A college like Princeton can and should [place unilateral limits on free speech].” Wait a minute: The same mandarins from the highest echelon of the (totally failed) education system should be rewarded for (total) failure by taking the keys to the First Amendment? This is an argument that only someone who does not understand how to evaluate a logical argument could accept. Weirdly self-referential.

The First Amendment is a harsh mistress. It protects even speech we might find distasteful or fallacious. I have enough faith in Princetonians, past, present, and future, to believe we can be exposed to raw, unfiltered discourse and make up our minds using sound reasoning. No filtering by mandarins required.

Manny Vellon ’81

6 Years Ago

Published online Oct. 23, 2017

While reading the Sept. 13 edition of PAW, I was dismayed to read someone espousing the notion that “Hate speech is not protected as free speech.” I’d heard the claim before so, once again, I did as before: I Googled “is hate speech protected.” Sure enough, nothing has changed: Yes, hate speech is protected by the First Amendment. Not a single entry on Google’s first page of results challenges this. Articles by the ACLU, The Washington Post, and the American Bar Association affirm it.

As to yelling “fire” in a crowded theater, it is interesting to note that Oliver Wendell Holmes used this analogy to argue that protesting against conscription was not protected speech (Schenk v. U.S.).  I don’t imagine that those affirming the illegality of certain speech had this kind of speech in mind. Rightfully, the Schenk decision was overturned a few decades later. Moreover, some further browsing reveals that courts have ruled that even explicitly advocating violence is not illegal unless the advocacy is for “immediate and illegal” action.

The best way to fight white supremacists is to ignore them. They’re a relatively small group of morons who only grow bigger when given undeserved publicity. Remember Skokie, Ill.? Most don’t, and that’s a good thing.

Norman Ravitch *62

6 Years Ago

There are a number of European countries which prosecute such things as holocaust denial. These limits on free speech are based on the experiences of these countries during WWII, whether allied with Germany or occupied by German forces. But it remains unclear whether prohibiting these views has a good or a bad result. Our constitutional system is different. The British Parliament for example can pass many laws about many things which our Congress is prohibited from doing: such as, to take an absurd case, to forbid people with natural red hair from entering politics. Parliament has no real limits on its powers.
Perhaps the best answer is for people in power of good will with the "right views" to take initiative against dangerous and hateful ideas and policies. Unfortunately such people are not always easy to find, certainly not now when the Grand Old Party has become entirely the Trump Old Party or the Greedy Old Party.

Thomas R. Clark ’80

6 Years Ago

Published online Oct. 23, 2017

Marie Basile McDaniel ’01 wrote, “Hate speech is not protected as free speech” (Inbox, Sept. 13). That is not true. As John Villasenor pointed out in a Sept. 18, 2017, report for the Brookings Institution on a new survey of college students’ views regarding the First Amendment: “While ‘hate speech’ is odious,” it is constitutionally protected “as long as it steers clear of well-established exceptions to the First Amendment” such as “[t]rue threats” or speech that is “directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” That a person who graduated from Princeton 16 years ago would hold such an uninformed opinion is disquieting, to say the least.

“Hate speech” is so amorphous and malleable a term that its general acceptance among our citizenry (wait, was that hate speech?) threatens our freedom. For example, some might label as hate speech the observation of Mr. Villasenor that “[t]he very significant gender variation in the responses [to the question ‘does the First Amendment protect “hate speech”?’] is also noteworthy.” The strength of this country lies in vigorous debate about policy issues. The gravest threat to our way of life lies not in “hate speech,” but in the demand of those claiming a monopoly on virtue that any dissent to their positions be illegal to even discuss. 

Kenneth A. Stier Jr. ’54

6 Years Ago

Published online Jan. 4, 2018

There may be no “legal” definition of “hate speech,” but in truth there is a great deal of hate speech uttered every day — and in many subtle ways.

Norman Ravitch *62

6 Years Ago

The worst hate speech comes from the Oval Office, daily.

Akil Alleyne ’08

6 Years Ago

For whatever it's worth at this point, this comment is riddled with errors:
- There is absolutely nothing "antiquated" about the principle of free speech. Speech has always had the potential to be inflammatory; there's never been a period in history when that wasn't the case, or when all "people are swayed by logical argument." Nor is free speech based on the premise that all people *need* to be perfectly rational in their thinking in order for that right to work.
- There are limits to free speech, but they don't include the idea that "Hate speech is not protected as free speech." In the United States, hateful speech absolutely IS protected by the First Amendment, as the U.S. Supreme Court has found in cases, such as Snyder v. Phelps (2011), in which the Court upheld the right of members of the indisputably hateful Westboro Baptist Church to demonstrate outside the funerals of American soldiers killed in combat.
- Nor do the limits to free speech include the idea that "You can't yell fire in a crowded theater," which is a misquotation of a hackneyed excerpt from a century-old Supreme Court case that is no longer binding legal precedent in its entirety. The actual original quote — from Oliver Wendell Holmes Jr.'s opinion in the 1919 Supreme Court case Schenck v. United States — stated that you can't FALSELY yell "fire" in a crowded theatre. And in any case, the Brandenburg v. Ohio case partially overturned that precedent 50 years later. People who use that misleading cliche are badly misinformed and are misinforming the public (see, e.g, https://www.popehat.com/201....
President Eisgruber's defense of free speech here is entirely on point. As I witnessed as a student a decade ago (see, e.g., http://akruminations.blogsp..., Princetonians are more than capable — and perhaps more capable than students at many other universities — of handling the expression of offensive viewpoints the right way: By proving them wrong, not by shouting them down or using them as an excuse to engage in violence. See here for my own recent audio-visual tribute to Princeton's culture of free speech: https://www.youtube.com/watch?v=MGdXJa1qpug

Marie Basile McDaniel ’01

6 Years Ago

I am not a legal scholar or a lawyer, and I acknowledge that I made errors in my above statement. I am sorry for the errors.

I support the First Amendment. I would never recommend that someone be prosecuted for exercising their First Amendment rights. It does not follow that we should then ignore or encourage speech when it is racist, derogatory, and harmful. I believe that leaders, both political and within an institution such as Princeton, should have the moral fortitude to stand up and say that some speech is not welcome. That does not mean that the speakers are arrested, or fired, or expelled. To me it means that we acknowledge that speech is complicated, and that there is a line, and maybe we shouldn't promote speakers when they cross that line.

At Princeton I experienced some very racist, derogatory remarks by a classmate (not directed at me). I am so grateful that the preceptor said that those remarks were not welcome. The student did not get a lower grade, or get expelled (nor do I believe he should have been), but I am very grateful that the person in authority did not just accept racist remarks as one of the consequences of free speech. Silence in such a situation is tantamount to acceptance and promotion.

SPLC president Richard Cohen just gave a testimony on this issue to the Senate. It's worth thinking about: https://www.splcenter.org/news/2017/10/26/splc-senate-colleges-must-uph…

Bill Sawch ’76

6 Years Ago

I can’t help but comment on Marie McDaniel ’01’s suggested limitation of free speech at Princeton, particularly speech coming from “odious speakers” (Inbox, Sept. 13). That suggestion invites the unavoidable question of who decides what is odious, and how. To highlight the point, consider that many people believe the very notion of limiting free speech to be odious. Should they have an ability to censor Ms. McDaniel’s letter to PAW?

I’m on the side of Madison, Jefferson, Washington — and Eisgruber — in protecting free speech, aspiring to a Princeton that constructively airs differences rather than censoring, suppressing, or prohibiting them. After all, inevitable human differences don’t magically disappear with suppression or avoidance; they fester, ferment, and boil over in unhealthy ways.

Instead of limiting free speech, perhaps we should expand the practice of respectfully listening and processing differing views.

Norman Ravitch *62

6 Years Ago

Rather than restricting free speech, we should perhaps teach more about civility and respect for the views and feelings of others. There are ways of disagreeing strongly without being disagreeable.

David M. Nieporent ’93

6 Years Ago

Ms. McDaniel is mistaken (though her mistake is unfortunately all too common in today's society); there is no category in United States law called "hate speech." What some people label "hate speech" is indeed protected as free speech in the United States.
Whether a purveyor of supposed hate speech should be given a platform by a private institution such as Princeton is a separate matter; Princeton is not legally obligated to do so. But before endorsing such private bans, people should consider what will happen when people who disagree with them are in charge of deciding which speech counts as beyond the pale.

Paul Berton Birkeland ’66

7 Years Ago

The piece by President Eisgruber ’83 titled “Free Speech at Princeton” (President’s Page, June 7) is a welcome statement of what a Princeton education should be all about. Fifty years ago I remember a Euro History course covering roughly 1770 through 1848 taught by a conservative historian. Following that course, Arno Mayer taught Euro History from 1848 through roughly 1920 from a Marxist viewpoint. It was fascinating to view history from two radically different viewpoints and opened our eyes to different ways of looking at things, and thus we developed a respect for those differences. Thanks to President Eisgruber for reaffirming Princeton’s dedication to free and open discussion, no matter how offensive.

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