Most constitutional scholars, jurists, and historians regard freedom of speech as the cornerstone of the American system of governance.  Constitutional scholar, Jonathan Turley opines, “we should all find the collapse of free speech protections in Europe, as the Left on that continent criminalizes a wide range of expressions and viewpoints, highly concerning.”  

Turley describes how a leading young German advocate, Naomi Seibt, is seeking political asylum in the United States after years of Antifa threats, and how the idea of someone ‘seeking asylum’ from a Western democracy would have been considered material for the Babylon Bee or the Onion just a few years ago.

Americans are wise to take note that the European Union is in the process of extending its list of “crimes” to include hate speech.  Most Americans know the U.S. Supreme Court has consistently ruled that “hate speech” is protected under the First Amendment, so long as it does not cross into specific, legally defined categories such as direct threats, incitement to imminent lawless action, and targeted harassment.  But the EU’s frames the matter quite differently increasing Europe’s capacity to regulate all speech, and when 56 % of Americans believe that society can prohibit hate speech and still protect free speech we are on a slippery slope.

Freedom of speech is our most important right because it protects all other rights.  How can an individual meaningfully defend his or her religion, property, or vote if they can’t speak or publish freely about them.  Moreover, freedom of speech restrains government power.  The First Amendment makes clear that the government cannot silence dissent, censor criticism, or punish citizens for unpopular opinions, something that distinguishes the U.S. from every other nation on earth, even the ‘democracies’ of Europe.

Freedom of speech embodies the American idea of self-government.  The Founders viewed free speech not just as a God-given right, but as a tool of democracy.   Jefferson said, “Our liberty depends on the freedom of the press, and that cannot be limited without being lost.”  Freedom of speech underpins all academic, artistic, and scientific progress.  History reveals how the U.S. tradition of robust, even offensive debate has made it fertile ground for innovation, activism, and reform – from abolitionism to women’s suffrage to civil rights to whistleblowing.

~ Woke Ideology is Anathema to Free Speech ~

What’s often described as “woke ideology” in the United States has deep philosophical parallels to Europe’s speech-regulation model, especially how it prioritizes dignity, emotional safety, and social harmony over freedom of expression.

The term “woke” originally meant social awareness, especially in matters of racial or social injustice.  But woke ideology is a belief system emphasizing identity-based morality regarding race, gender and sexuality.   It contends there is licit harm from words or expression, which is why we have “safe spaces” on college campuses and a preference for “lived experience” over hard evidence.

The First Amendment was predicated on distrust of authority and confidence in the public’s ability to reason.  However, the EU and the woke approach of “dignity-first” here in America, whether state or socially enforced  reflects the opposite: distrust of citizens and confidence in government.

Both the EU and  America’s “woke movement” seek a more compassionate society, but their means are inherently illiberal because it replaces persuasion with prohibition, begging the all-important question of just who are the government’s “moral gatekeepers” that decide what speech is allowed and what speech is not?

Quote of the day: “The greatest danger to free speech today isn’t government censors — it’s the culture of moral intimidation masquerading as virtue.” – Jonathan Rauch (Brookings Institution)