https://thehill.com/opinion/judiciary/540235-the-political-effort-to-limit-free-speech-attacks-our-own-values
English essayist Samuel Johnson wrote that “when a man knows he is to be hanged in a fortnight, it concentrates his mind wonderfully.” I thought of Johnson’s words in preparing to appear before a House committee exploring limitations on free speech, including a campaign by some Democratic members and activists to remove networks like Fox News from cable carriers. As someone who just came over to Fox News as a legal analyst from CBS and the BBC, the hearing concentrated my mind “wonderfully” on the future of free speech and the free press.
Increasingly, free speech in the United States is described as a danger that needs to be controlled, as opposed to the very value that defines us as a people. While I am viewed as a “free speech purist” by many, I maintain what once was a mainstream view of free speech. I believe free speech is the greatest protection against bad speech. That view is, admittedly, under fire and may even be a minority view today. But history has shown that public or private censorship does not produce better speech. It only produces more censorship and more controlled speech.
There is no disagreement that we face a torrent of false, hateful, extremist speech on social media and in other public forums. This speech is not without cost: It fuels those filled with rage, victimizes the gullible, and alienates the marginal in our society. It is a scourge, but not a new one.
The Constitution was written not only for times like these — it was written during times like these. Politics has always been something of a blood sport, literally. At the start of our Republic, the Republicans and Federalists were not trying to “cancel” one another in the contemporary sense; they were trying to kill each other in the actual sense, through measures like the Alien and Sedition Acts. There also were rampant false conspiracy theories about alliances with Great Britain, France, Spain, and other foreign powers. Newspapers and pamphleteers were highly biased and partisan.
Members of Congress are now pushing for public and private censorship on the internet and in other forums. They are being joined by an unprecedented alliance of academics, writers and activists calling for everything from censorship to incarceration to blacklists. For example, an article published in The Atlantic by Harvard law professor Jack Goldsmith and University of Arizona law professor Andrew Keane Woods called for Chinese-style censorship of the internet, stating that “in the great debate of the past two decades about freedom versus control of the network, China was largely right and the United States was largely wrong.”