Freedom & Censorship: A Conversation with Greg Lukianoff (Episode #368) — Transcript
Full transcript
- 0:06welcome to the making sense podcast this
- 0:08is Sam Harris just a note to say that if
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- 0:44one today I'm speaking with Greg lukanov
- 0:48Greg is the president of the foundation
- 0:50for individual rights and expression the
- 0:52acronym is fire he earned his
- 0:55undergraduate degree from American
- 0:57University and his law degree from
- 1:00Stanford and he worked for the ACLU of
- 1:02Northern California and other
- 1:04organizations before joining fire in
- 1:072001 and he's one of America's most
- 1:10passionate Defenders of free speech he
- 1:12has written about the issue in the New
- 1:15York Times The Wall Street Journal The
- 1:17Washington Post he has produced
- 1:19documentaries on the subject he also
- 1:22wrote along with Jonathan height the
- 1:24coddling of the American mind and most
- 1:26recently he wrote along with Ricky
- 1:29schlot the cancelling of the American
- 1:31mind cancel culture undermines trust
- 1:34destroys institutions and threatens us
- 1:37all but there is a solution and that is
- 1:40the topic of today's conversation Greg
- 1:42and I discuss the origins of political
- 1:44correctness free speech and its
- 1:46boundaries the Bedrock principle of the
- 1:49First Amendment technology and the
- 1:51marketplace of ideas epistemic Anarchy
- 1:55social media and cancel culture
- 1:57comparisons to McCarthyism
- 2:00self-censorship by professors
- 2:02cancellations from the left and the
- 2:04right and how they differ Justified
- 2:07cancellations the hunter Biden laptop
- 2:10Story how to deal with Trump in the
- 2:12media the deplorable state of higher
- 2:14education in America and other
- 2:18topics and I bring you Greg
- 2:26lukianov I am here with Greg lukanov
- 2:29Greg thanks for joining me thanks for
- 2:31having me so uh we've got a lot to talk
- 2:33about the world is on fire and uh you
- 2:37you you happened to run an organization
- 2:39called fire which addresses some of
- 2:41these problems I will have introduced
- 2:43you properly in my housekeeping but what
- 2:45is fire and and how do you come to be
- 2:48running it the fire is a foundation for
- 2:50individual rights and expression and
- 2:52we're actually celebrating our 25th
- 2:54anniversary this year uh we were founded
- 2:56back in
- 2:571999 by Harvey silverglate who is a
- 3:01liberal leaning libertarian and uh Alan
- 3:04Charles Kors who's a more conservative
- 3:05leaning libertarian who is one of the
- 3:08you know world's foremost experts on the
- 3:10enlightenment especially
- 3:12voler and they founded it because even
- 3:15back then they realized that and Allan
- 3:19was a professor at Penn that students
- 3:21were increasingly getting in trouble for
- 3:23what they said not what for they did not
- 3:25just for what they did and they wrote a
- 3:27book called The Shadow University um
- 3:29trying to blow the lid on on what was
- 3:31going on that came out in 1998 and
- 3:34Harvey always likes to say that he
- 3:36thought you know that would solve the
- 3:38problem but instead they got emails and
- 3:41letters from people all over the country
- 3:42asking particularly professors asking
- 3:44for help and their free speech and
- 3:46academic freedom cases so in order to
- 3:49deal with the onslaught of of Interest
- 3:52they uh founded fire in 1999 and I
- 3:55joined as the first legal director in
- 3:582001 and I'm the weird law student who
- 4:01actually went to law school specifically
- 4:03to do first amendment law MH I took
- 4:06every class that Stanford offered on
- 4:08First Amendment and then when I ran out
- 4:11I did six credits on censorship during
- 4:13the tutor Dynasty and I externed the
- 4:16weird word for internship at the ACLU of
- 4:19Northern California so when Harvey went
- 4:23to Kathleen Sullivan who was then the
- 4:25dean of the law school to ask for who
- 4:27they would recommend to be the first
- 4:28legal director of Fire
- 4:30uh it Remains the greatest compliment I
- 4:32ever received is she recommended me by
- 4:34name but what years were you at Stanford
- 4:371997 to 2000 right actually we
- 4:40overlapped a little bit there but I was
- 4:42going back to finish my undergraduate
- 4:44but I remember that the first time I was
- 4:46there there were some intimations of the
- 4:49coming censorship apocalypse I I
- 4:51remember that the um the great books
- 4:54approach to um I forget what it was
- 4:57called in the Freshman years like the
- 4:58freshman kind of literature requirement
- 5:01was a um kind of a great books seminar
- 5:04and you know this was um much maligned
- 5:08as just teaching the um products of dead
- 5:11white men and there there had been a
- 5:13March I think it was might have been a
- 5:15year before I got there as a freshman
- 5:16but you know Jesse Jackson had led a a
- 5:19500 person march on the Stanford campus
- 5:21that got a lot of coverage and there
- 5:23were it was certainly a a movement of
- 5:26foot on that particular campus at that
- 5:28point to reset everything with respect
- 5:31to how we talk about ideas it's I don't
- 5:35quite remember what was happening in
- 5:361999 but I I can only imagine the pot
- 5:39just continued to boil from there yeah
- 5:41it it was interesting that you know I
- 5:42started there at 90 '97 and nobody
- 5:46really talked about the fact that just
- 5:47two years earlier um Stanford law had
- 5:50lost a court case defending a speech
- 5:54code that it had come up with with
- 5:56Professor Tom Gray who was a professor
- 5:58who was there when I was there to limit
- 6:00nominally racist and sexist speech but
- 6:03really going after offensive speech to a
- 6:05vast degree and even though it was a
- 6:08private school the legislature passed a
- 6:11special law which now called the Leonard
- 6:13law that actually made sure that
- 6:15non-sectarian schools in the state of
- 6:17California actually had to abide by
- 6:19First Amendment standards so they
- 6:21actually lost in court in '95 and this
- 6:23was like a dirty little secret by 97
- 6:26because it was actually kind of a sweet
- 6:27spot to go to school because what I
- 6:31missed was what I call in my latest book
- 6:34the first grade age of political
- 6:36correctness which is essentially 85 to
- 6:3995 which is when speech codes came into
- 6:42Vogue there was I remember actually the
- 6:44chant was famous by Jessie Jackson it
- 6:46was hey hey hey ho ho Western Civ has
- 6:48got to go right that was it yeah yeah
- 6:50and this was a lot of what Harvey and
- 6:52Allen were writing about in in the
- 6:53shadow University but by say
- 6:569596 political correctness had become
- 6:58even a joke on the left so there was a
- 7:01sense that the speech codes were
- 7:02defeated the professor it kind of fell
- 7:05out of love with enlightened censorship
- 7:07the students you know were more the kids
- 7:09of the Boomers who were actually quite
- 7:11good on free speech and so this all kind
- 7:14there was a sense this all kind of died
- 7:15off what I learned in working with
- 7:17Jonathan height when I was doing the
- 7:19research for codling the American mind
- 7:21was that interestingly even though this
- 7:24kind of fell off of the public radar
- 7:26because there was a sense that political
- 7:27correctness was like this fever that had
- 7:29brok broken sometime in the mid90s but
- 7:31that the Viewpoint diversity of of the
- 7:34professor of of Professor hirings
- 7:37plummeted in the late 90s it got much
- 7:39much worse even as people had taken
- 7:41their eye off the ball and when I
- 7:43started at fire in 2001 I was pretty
- 7:46shocked at how easy it was already to
- 7:48get in trouble for what you said on
- 7:50campus and I also say when when I got to
- 7:52Stanford it was a little bit of a
- 7:54culture shock to meet so many wealthy
- 7:56kids who were pretty Victorian
- 8:00I would almost describe it in in their
- 8:02ideas of what acceptable speech
- 8:04constituted it seemed like it was very
- 8:06easy already to get in trouble for
- 8:07saying something in an unapproved way
- 8:11but it was a cultural thing it it wasn't
- 8:13um that people were actually literally
- 8:14getting punished for it it was more that
- 8:17it just seemed kind of forgive the
- 8:18expression uptight well I should say
- 8:21much of what we're going to talk about
- 8:23you cover in great depth in your most
- 8:27recent book The cancelling of the
- 8:28American mind which you wrote with uh
- 8:30Ricky Schlott and where you know there's
- 8:34just a ton of material in there and many
- 8:36case studies of which we are not going
- 8:38to get to cover which are we may cover
- 8:40some but let's cover all of them yeah
- 8:42feel free to introduce any any that you
- 8:44want but there's just so much detail in
- 8:46there where it's just amazing the the
- 8:50certainly amazing for anyone who thought
- 8:51that cancel culture wasn't a thing I
- 8:54anyone who can be found having said that
- 8:56in the last 10 years really needs to
- 8:58read your book Thank you but um let's
- 9:00start with the concept of free speech
- 9:04and its
- 9:05boundaries how do you think about free
- 9:07speech and and what precisely do we want
- 9:10to defend here I have a pretty um
- 9:13expansive view of what the term Free
- 9:14Speech means and I I think of it as the
- 9:17big Boolean sphere that includes the
- 9:20First Amendment but is much much larger
- 9:22than that um and I definitely you know I
- 9:25think of it as not just being about the
- 9:27limits of the law of what you're to say
- 9:30but also your the cultural tolerance for
- 9:33the acceptance of people with any kind
- 9:36of opinion I I sometimes explain there's
- 9:38no such thing as a free speech
- 9:39absolutist or at least I haven't met a
- 9:42serious person who is yeah because we
- 9:43all believe that some speech is and
- 9:45should be unprotected but I am an
- 9:48opinion absolutist and what I mean by
- 9:50that is that if you're merely expressing
- 9:52your opinion even if it's repugnant that
- 9:54is protected it has to be something more
- 9:56than the mere expression of opinion uh
- 9:59it has to be something like
- 10:00discriminatory harassment which is a
- 10:03pattern of severe persistent and
- 10:05pervasive behavior that targets someone
- 10:07on the basis of a protected category
- 10:09that a reasonable person would also find
- 10:11offensive and by the way we actually
- 10:13have seen genuine discriminatory
- 10:15harassment on campus since October 7th
- 10:17in a number of cases so it's not an
- 10:19unmet standard intimidation also also
- 10:23known as true threats which is when you
- 10:25make someone we we' make a reasonable
- 10:27person fear that they're in danger of
- 10:29Bot harm or death that is not protected
- 10:31nor should it be defamation is not
- 10:33protected which is basically making a
- 10:36factual allegation that someone for
- 10:38example is guilty of an odious crime you
- 10:40know I always gave the example when I
- 10:42was at the student newspaper of you know
- 10:45groundlessly asserting that you know
- 10:47that someone is a pedophile for example
- 10:48is is a classic example because that
- 10:50could ruin someone's life if if they
- 10:52believed you if they believed you so
- 10:55nobody really believes that there
- 10:57there's no way to use words in a way
- 10:59that isn't protected I mean there's also
- 11:01of course you know you use words to
- 11:03commit extortion you use words to uh
- 11:05that are incidental parts of existing
- 11:08crimes use words to commit conspiracies
- 11:11for example but I think that the the
- 11:14most clearly protected kind of freedom
- 11:17of speech is when you're merely
- 11:18expressing a Viewpoint and under that
- 11:21they really the law I think is sensibly
- 11:23set up in the United States to have what
- 11:26we call the Bedrock principle which is
- 11:29it comes from a case called Texas V
- 11:31Johnson from 1989 which is about whether
- 11:33or not you can burn an American flag or
- 11:36whether or not a Anti Flag burning law
- 11:38would be constitutional uh and it's a
- 11:40great opinion by the way like I I really
- 11:42recommend reading it because when I used
- 11:44to teach First Amendment it does this
- 11:46wonderful kind of overview of the entire
- 11:48history of the First Amendment and a
- 11:49free speech decision so it's a it's a
- 11:51great one to just One-Stop shopping for
- 11:54for learning about the the field but it
- 11:56calls the Bedrock principle of for the
- 11:59first amendment is that you cannot in
- 12:01the United States ban speech simply
- 12:03because it's offensive and I always make
- 12:05the point that this is a great rule for
- 12:08a genuinely Multicultural Society
- 12:10because what people find offensive and I
- 12:14my dad's Russian my mother's British I
- 12:16grew up in a neighborhood with a lot of
- 12:17kids from Vietnam and Puerto Rico and
- 12:20Korea and from Peru like all people who
- 12:23had very different ideas of like what
- 12:26offensive speech looked like and it was
- 12:28such a example for why Free Speech had
- 12:31to be the rule because we couldn't you
- 12:33know my British mom thought all sorts of
- 12:35things were offensive my Russian father
- 12:38thought practically nothing was but
- 12:39Danny nen's you know parents had
- 12:41different ideas of what was in what was
- 12:43offensive and same thing with Nelson
- 12:44bitos and so I think that the Bedrock
- 12:47principle is a very sensible rule for a
- 12:50free Multicultural diverse Society but
- 12:54it is one of the major things that makes
- 12:56America so very different from the from
- 12:58Europe for
- 13:00example let's Linger on that point
- 13:02because I'm often guilty of just
- 13:05reflexively seeing everything through an
- 13:07American lens and then I'm reminded that
- 13:10even our closest Cousins over in the UK
- 13:14or or um elsewhere in the english-
- 13:17speaking world don't enjoy the same
- 13:19kinds of protections that we do how is
- 13:22it different in in Europe and Canada and
- 13:24Australia and New Zealand and and
- 13:26elsewhere and and I think you you and I
- 13:29both going to agree that we have it
- 13:32closer to right in America than exists
- 13:35anywhere else at least that I'm aware of
- 13:37what do we have that that other other
- 13:39nations don't around free speech I was
- 13:42ort sort sort of laughing right there
- 13:44because I I violate a major convention
- 13:47among constitutional lawyers when I
- 13:48travel to Europe it's generally
- 13:50considered and it's partially because a
- 13:52lot of other constitutional lawyers are
- 13:54highly sympathetic to Greater
- 13:56limitations to to free speech so it's
- 13:58it's partially also just agreement but
- 14:00even when they're not um there's a
- 14:02tendency to go over there and be very
- 14:04deprecating of our own system and very
- 14:06complimentary towards uh the way things
- 14:09work in Europe and I am not that lawyer
- 14:11I I go over and I and I'm rude about I'm
- 14:14I'm sorry I actually think I'm quite
- 14:15polite about it but I I I violate the
- 14:18the rule of saying you you guys have it
- 14:20all right and we have it all wrong
- 14:21because I'm like I don't think we do
- 14:22particularly since I attend a lot of
- 14:24these hate speech conferences and
- 14:26watching someone with a you know German
- 14:28accent explain why you know this cartoon
- 14:32landed someone in jail but this cartoon
- 14:34didn't and you're like this doesn't make
- 14:37any sense these These are both arguably
- 14:39equally offensive and you're just being
- 14:41arbitrary about it so you're not really
- 14:43persuading me that this is the way to go
- 14:46and that's partially because they don't
- 14:47have a Bedrock principle that um You
- 14:50Can't Ban speech simply because it's
- 14:51offensive but I think that comes from an
- 14:53interesting place and I think it's
- 14:55essentially oh God I found myself
- 14:57thinking about the Treaty of w failure
- 14:591648 um the nation state model you know
- 15:02essentially I think that in my mother's
- 15:05Britain there is an idea that there's
- 15:07sort of a modal Brit and that that
- 15:10Nation can be kind of almost analogized
- 15:13to a single person who has just like any
- 15:16person a list of things that are
- 15:19offensive and a list of things that
- 15:20aren't a John bow kind of character and
- 15:23I think that that's something that
- 15:25you'll see in sort of like the national
- 15:27character of Germany and France and is
- 15:29an idea that there is like a a modal
- 15:31version of that person and if you think
- 15:34of of your country that way it can make
- 15:36sense that you can call balls and
- 15:37Strikes in terms of what's offensive and
- 15:39what's not because you think that
- 15:40there's there there's some way that most
- 15:42people in your country would I think
- 15:44this has gotten much harder to argue as
- 15:46all of these countries have become much
- 15:48more diverse much more Multicultural and
- 15:50I think it was also a little bit asinine
- 15:52to argue in the first place particularly
- 15:53in a lot of these places because of
- 15:55profound class differences Within These
- 15:57same cultures m and so I think that
- 16:00that's one of the reasons why that they
- 16:02can be more comfortable thinking that
- 16:04they have that that not having a Bedrock
- 16:06principle makes sense but I but I can
- 16:07see that that the strain on the system
- 16:10is really happening in places like
- 16:12Scotland and Ireland and Germany for
- 16:14that matter in terms of how do you
- 16:15enforce this fairly and the answer is
- 16:17it's incredibly difficult meanwhile in
- 16:19the United States we've always had an
- 16:22understanding that Boston is not like
- 16:25Richmond is not like Georgia is not like
- 16:27and then later Califoria
- 16:29uh not like Texas so we've never really
- 16:32thought of ourselves despite the image
- 16:34of Uncle Sam we've always been a country
- 16:36that we know full well that that
- 16:38different parts of us are simply not
- 16:40going to agree and I think frankly we've
- 16:42been at the genuinely Multicultural
- 16:45generally multiethnic Society thing
- 16:48longer than a lot of the countries in
- 16:50Europe and so I think we actually did
- 16:52get this one right and I think that what
- 16:55you see going on currently in Europe
- 16:57particularly around issues like
- 16:58immigration I mean I I think about that
- 17:01the the polling that you you you
- 17:03presented on on Bill marah's show about
- 17:06so some conservative Muslim attitudes
- 17:08about a variety of of issues that struck
- 17:12me as something that absolutely
- 17:13protected the United States but I could
- 17:15imagine that even some factual
- 17:17assertions could be treated in some
- 17:18countries in Europe as if they're actual
- 17:20offenses now yeah yeah yeah well the the
- 17:23the modal Brit or the modal German or
- 17:26the mo modal Frenchman is increasingly
- 17:28to be guilty of islamophobia in that
- 17:31context so let's return to the American
- 17:36view of things I so I think we both
- 17:38agree that as well- intended as they
- 17:40might be prescriptions against offensive
- 17:44speech in other countries like the UK or
- 17:47Germany Holocaust denial laws for
- 17:50instance inh places like Germany and I
- 17:52think Austria has it I'm not sure where
- 17:54else you they can you know literally
- 17:57land you in prison for denying the
- 17:59Holocaust you know as much as I am a
- 18:02student of the Holocaust and am alert to
- 18:04the even to the the forward-looking
- 18:06prospect of future Holocaust I think
- 18:10laws of that sort are just wrong-headed
- 18:11I mean they're not they they don't
- 18:13accomplish what you would hope they
- 18:14would accomplish which is to get
- 18:16everyone to understand that you know in
- 18:18this case the Holocaust really did
- 18:19happen and it was horrific and it's just
- 18:22the wrong algorithm to be running
- 18:25socially so as to purify people's
- 18:28thinking and to get people to converge
- 18:30on a fact-based and well-intentioned
- 18:32discussion about reality right I what I
- 18:35think we want and I'm now putting words
- 18:37in your mouth and feel free to take them
- 18:39out but what I think we want is the the
- 18:41proper error correcting mechanism of it
- 18:44being legal to more or less talk about
- 18:48anything leaving aside those cases where
- 18:51speech isn't quite just speech uh where
- 18:54it is you know I think as you said a
- 18:57provocation to imminent law Lawless
- 18:59action or you know obvious harassment or
- 19:01it's more you know you're it's a kind of
- 19:04behavior you know you could be
- 19:05defrauding someone with speech Etc but
- 19:08if you're if you're just expressing
- 19:10opinions and even you know
- 19:11extraordinarily odious ones and and even
- 19:14in principle Dangerous Ones and you know
- 19:17dangerous if acted upon I think we want
- 19:20the generally speaking in the public
- 19:23sphere which is to say you know that the
- 19:25sphere that the government coercion cast
- 19:28a shadow over I think we want just the
- 19:32best idea to win in collision with all
- 19:35other ideas is that how you do you agree
- 19:37with what I've said on that well the
- 19:40marketplace of ideas theory of freedom
- 19:42of speech I think is I think it's a
- 19:44great idea and I think it's particularly
- 19:46relevant um in higher education where it
- 19:49is supposed to be a Clashing of ideas
- 19:52and VI of disconfirmation to you know
- 19:54chip ever closer to the truth by
- 19:56chipping away at falsity but I have a
- 19:59little bit of a more idiosyncratic
- 20:01theory on freedom of speech that
- 20:03unsurprisingly is fairly expansive and I
- 20:06just call it simply the pure
- 20:07informational theory of free speech
- 20:09which is that there is if the goal of
- 20:11human knowledge is to know the world as
- 20:13it is then you can't really know the
- 20:17world as it is without knowing what
- 20:19people actually think and if you create
- 20:21a situation in which people aren't too
- 20:23terrified to say what they actually
- 20:25think for fear of punishment you are
- 20:26depriving yourself of really important
- 20:28knowledge about the world and I and
- 20:30extend this also to conspiracy theories
- 20:32so like let's take a real one the
- 20:34protocols of the Elders of Zion if uh
- 20:37the idea that that wasn't a relevant and
- 20:40important thing to know about its
- 20:41existence in history it is just
- 20:45delusional I I think it's very important
- 20:47that people understand that there was
- 20:48this massive conspiracy theory at the
- 20:50early part of the 20th century that was
- 20:52based on very shoddy writing that
- 20:54basically were saying that Jews
- 20:56controlled the world is it true no no is
- 20:59it worth knowing of course it is and so
- 21:02when it comes to conspiracy theories
- 21:04when I'm being a little more
- 21:05light-hearted about it the way I explain
- 21:06it is listen lizard people who live
- 21:09under the Denver Airport do not control
- 21:11the world but knowing that your
- 21:13girlfriend or Uncle believe that lizard
- 21:16people living under the Denver Airport
- 21:18control the world is very important
- 21:20information to have and so knowing what
- 21:23people really think and why is a key
- 21:25part to under understanding the world
- 21:27and when it comes to conspiracy theories
- 21:29I mean here's one thing that I just have
- 21:31to say over and over again if you're
- 21:33battling someone who believes that
- 21:35there's a conspiracy to shut them up do
- 21:38absolutely nothing that looks like a
- 21:41conspiracy to shut them up because
- 21:43they're just going to take that is like
- 21:45well I must be on to something and then
- 21:47the the last part of like why you have
- 21:49to let these bad ideas out is something
- 21:52that I call the um call Mills Trident
- 21:55from the uh from on Liberty which is
- 21:58that in a truth seeking discussion which
- 22:00is actually not most discussions but in
- 22:02a discussion to try to get towards truth
- 22:04there's only three possibilities you're
- 22:06either completely wrong you're partially
- 22:10wrong or partially right or you're
- 22:12completely right and now that middle
- 22:14category is the one that's going to be
- 22:16the most common yes well populated yeah
- 22:18exactly but in the case that you're
- 22:20completely wrong of course free speech
- 22:22is useful because people can point out H
- 22:25how and why you're wrong in the middle
- 22:27one there's really no other way to get
- 22:30at what's the wrong parts of your
- 22:33opinion uh without usually a somewhat
- 22:35long process of of debate and discussion
- 22:38but even under that final one if you're
- 22:40completely right that obviously that the
- 22:42Holocaust really happened but you never
- 22:45actually get tested on that people tend
- 22:47to hold their beliefs like they hold
- 22:49prejudices they know that something's
- 22:51true or they believe that something's
- 22:53true but they don't know why and that's
- 22:55a very brittle State of Affairs because
- 22:58if basically you know that it's illegal
- 23:01to say that the Holocaust didn't happen
- 23:03but you're never actually challenged on
- 23:05whether or not it happened you may not
- 23:06even end up being aware of how
- 23:08overwhelming the evidence that it
- 23:10absolutely completely happened is and so
- 23:13I I think that a lot of these
- 23:14anti-conspiracy laws backfire in of
- 23:18multiple ways and one thing that is I I
- 23:20think interesting is when you look at
- 23:23the prevalence of a holocaust denial but
- 23:25also of things like anti-Semitism in
- 23:28Europe versus the United States yet
- 23:30Europe passed a lot of laws that
- 23:32critically places like France laws that
- 23:34were designed to go after anti-semitic
- 23:37speech there was also a push of course
- 23:39on college campuses to do the same thing
- 23:41both in the 90s but they actually got
- 23:43passed in France and they only got
- 23:44passed on campuses in in the United
- 23:47States and for the most part they were
- 23:48defeated in court but when you look at
- 23:51sort of like the rates of anti-Semitism
- 23:53in Europe they're much much higher than
- 23:57they are in the United States although
- 23:58unfortunately things have been getting
- 23:59worse in the past couple years and I
- 24:02think that's at least in part
- 24:03underestimating what can happen if you
- 24:06don't actually create a situation in
- 24:08which people are people are actually
- 24:10finding out what people really think and
- 24:12why I think we should introduce a few
- 24:14more distinctions here because I I think
- 24:16as as much as we seem to agree that we
- 24:19may disagree on a few points and it'll
- 24:21be interesting to to have you defrag my
- 24:23hard drive if uh it needs it so there
- 24:27there's a distinction between laws and
- 24:30norms and there's a distinction between
- 24:33public and private spaces or or you know
- 24:36platforms and and a failure to notice
- 24:39these distinctions in my view does
- 24:41confound a lot of the discussion around
- 24:43censorship and misinformation and you
- 24:45know the big Tech and what should have
- 24:48happened on Twitter during Co Etc and
- 24:51some of what you cover in your book so
- 24:54as I just said I'm I'm I fully agree
- 24:56agree with you that nobody is a free
- 24:58speech absolutist that's just a cartoon
- 25:00of a cartoon and especially when you
- 25:03move into private space and private
- 25:06platforms and businesses that have
- 25:08Brands to be maintained right your meta
- 25:11or Instagram or uh your Twitter now X
- 25:15right you're you're a business that has
- 25:17to make money at some point presumably
- 25:20and then the question is what what sort
- 25:22of information do you want on your
- 25:24platform you're you're in a position to
- 25:26make decisions you know curatory you
- 25:28know moderating decisions you have to
- 25:31make those decisions unless you're going
- 25:34to become the next 4chan or a Chan or
- 25:37some other digital sewer that nobody or
- 25:41few few of us want to spend much time in
- 25:43and certainly no one wants to advertise
- 25:44in right and yet any effort to clean up
- 25:49the sewage is you know your routinely
- 25:52described you know mostly right of
- 25:54center now as censorship right and this
- 25:59has always just struck me as pure
- 26:01confusion and especially in a political
- 26:03context where you're you're you're
- 26:06seeing the the algorithmic amplification
- 26:09of obvious misinformation and
- 26:11disinformation some of which obviously
- 26:14is is put there maliciously by you know
- 26:16Russian troll Farms right although
- 26:18that's not the bulk of it that certainly
- 26:19happens but much of it is just generated
- 26:21by Maniacs whether it's Alex Jones or or
- 26:24someone you've never heard of and the
- 26:27way it's different than ordinary speech
- 26:29is once again it is algorithmically
- 26:31Amplified based on the Dynamics of these
- 26:35hallucination machines that we have
- 26:36built and it's just a much more
- 26:39complicated picture again there are
- 26:42distinctions between laws and Norms
- 26:43public and private normal speech versus
- 26:46algorithmically boosted speech speech
- 26:48whose terrible effects you can see play
- 26:51out hour by hour and in certain cases
- 26:54you know many of us worry that the
- 26:56misinformation component of this if Le
- 26:59left
- 27:01unchecked could render us just
- 27:03ungovernable politically right I mean
- 27:05the people are so confused when you look
- 27:07at what's happening on college campuses
- 27:09now mhm I look at it as just a a a it's
- 27:12a manufactured hysteria based on almost
- 27:16pure misinformation I there's a lot of
- 27:18stupidity you know greasing the wheels
- 27:19there and and moral blindness but
- 27:22there's a tremendous amount of
- 27:24misinformation and so that you know the
- 27:27happy talk I I uttered a few minutes ago
- 27:29about how you know the best idea should
- 27:31win in collision with all other ideas we
- 27:33have created private and public and you
- 27:37know semi-private semi-public you know
- 27:39contexts whether you think of each of
- 27:41these things as Publishers or platforms
- 27:43you know depending on how you squint
- 27:45your eyes you can make a case for either
- 27:47we've created a situation where we
- 27:50appear to be driving ourselves fairly
- 27:52crazy and it's worth worrying about this
- 27:55and so I'm I'm just wondering I mean
- 27:58take any side of that you know grotesque
- 28:00object I just put in view you want but
- 28:02how does your commitment to free speech
- 28:07in a in a very you know deep way help
- 28:10you navigate the the mess I just made
- 28:13yeah no this this is I and I wish I
- 28:17could I could have a a short answer to
- 28:19this but I don't I don't think we I
- 28:21really can because I I think that we
- 28:23have to take a big step back to where we
- 28:26are in 2024 and I talk about this a lot
- 28:30within my organization probably people
- 28:32are sick and tired of hearing the
- 28:33printing press but I mentioned that I
- 28:36did censorship during the tutor Dynasty
- 28:38but the reason why I was uh studying
- 28:40censorship during the tutor Dynasty is
- 28:42that was all directed at the printing
- 28:44press as being this Infernal Device that
- 28:47spread misinformation that led to all of
- 28:49these social ills and I always want to
- 28:52be clear here it did it really did um in
- 28:55a in a lot of ways because and this is
- 28:58this is a point that I sometimes you
- 28:59know take a somewhat different approach
- 29:01than my much beloved friend John hey is
- 29:04that I'm you know I'm more of a civil
- 29:05libertarian but also I come from you
- 29:07know a little bit of a different sort of
- 29:10academic background and I definitely you
- 29:13know tend to see Solutions as more
- 29:15bottom up than top down because I look
- 29:18at what happened in England around the
- 29:21printing press starting with Henry and
- 29:22then also going all the way through
- 29:24Elizabeth actually all the way through
- 29:26through the Glorious Revolution a little
- 29:28Beyond about the printing press and
- 29:31essentially what happened there was you
- 29:33suddenly had millions of of additional
- 29:36people in a fast in a faster paced
- 29:39Global discussion about what is true and
- 29:42what is not and in the short run it was
- 29:46devastating it meant an increase in The
- 29:49Witch Trials it meant religious unrest
- 29:53it meant political unrest it meant
- 29:55genuine Bloodshed and in some ways this
- 29:58disorder led to the the biggest war in
- 30:01European history before the before World
- 30:03War I the 30 Years War yeah which was
- 30:06just a absolute Calamity so Henry's and
- 30:09and and Elizabeth's and Mary and
- 30:11Edward's you know concerned about the
- 30:13printing press you know it honestly
- 30:15should not be so easily dismissed
- 30:17because it really was a device that led
- 30:19to all this destruction but that's going
- 30:22to happen anytime that you have this
- 30:24many additional people brought into a
- 30:26conversation over the long term it
- 30:28actually turns out that this many
- 30:29additional eyeballs and Minds on
- 30:31problems was a tremendous Boon for the
- 30:34production of thought and for human
- 30:36progress because it allowed for things
- 30:38like the Scientific Revolution it
- 30:40allowed for decentralized
- 30:42disconfirmation of of information which
- 30:45which is you know one of a great that
- 30:47we're still benefiting from to this day
- 30:49social media has added billions of
- 30:53people to an instantaneous and
- 30:56fast-paced Global conversation ation so
- 30:58there's literally no way to avoid that
- 31:02being a anarchical epistemically
- 31:05anarchical uh period so I feel like
- 31:08we're unavoidably in a crazy period
- 31:10right now and I get sometimes more
- 31:13concerned about ways to fix the problem
- 31:15if they're heavy-handed top- down
- 31:17problems but another thing that happened
- 31:19when you have this many new minds and
- 31:21voices into a conversation is you
- 31:23realize that the old authorities
- 31:25probably didn't necessarily deserve to
- 31:28be authorities in many ways because with
- 31:30this many minds and eyes on a problem
- 31:33you realize you know the thinness of
- 31:36what you know some of the ancient voices
- 31:37were actually telling us particularly
- 31:39about things like science and so the old
- 31:42Authority gets destroyed and there's
- 31:43always a period before new new Authority
- 31:47is able to establish itself and it can
- 31:49be a messy ugly process I feel like
- 31:52we're in the epistemic Anarchy period
- 31:54still but I do think that people are
- 31:56kind of raising their hands to say
- 31:58actually or and institutions and papers
- 32:02and Publications as being I will
- 32:04actually you know I I can I I will be
- 32:07straight I will I will actually be be
- 32:09someone who will be a reliable source of
- 32:12expertise and information but the thing
- 32:15that one of the reasons why trust is in
- 32:17the title cancelling of the American
- 32:19mind is because I think cancel culture I
- 32:22think what the calamities we're seeing
- 32:24on campus has been a well-deserved
- 32:28disaster for The credibility of the
- 32:30academic class and for the for the
- 32:32expert class overall because nobody
- 32:34really after you know a professor loses
- 32:37their job for example for saying
- 32:38biological sex is real which really
- 32:40happened you're nobody's going to listen
- 32:42to you again when you try to claim
- 32:44actually it exists on a spectrum because
- 32:45they realize you can't be objective in
- 32:47an environment where your job would
- 32:49depend on giving the quote unquote right
- 32:51answer on that so I think that right now
- 32:55we're seeing a much bigger disruption
- 32:57because nobody knows who to trust and a
- 33:00lot of the voices that we were supposed
- 33:02to be able to trust whether it's
- 33:03mainstream media whether it's Academia
- 33:05whether it's the expert class have shown
- 33:08themselves to not be that trustworthy
- 33:09and and unfortunately I I actually agree
- 33:12with that to a large degree I actually
- 33:14think that the expert class has really
- 33:15shot itself in the foot in in a lot of
- 33:17ways but we haven't yet reached the the
- 33:20stage where we know which experts are
- 33:22actually reliable and unfortunately the
- 33:25a lot of those same experts you know
- 33:27that we that we would hope would be are
- 33:29the same people who created sort of the
- 33:31the misinformation on campus so there's
- 33:33a big problem there and I've been
- 33:35thinking a lot about how to create
- 33:39social media specifically for Truth For
- 33:43Truth identification and and I think
- 33:45it's possible I I talked about on Lex
- 33:47freedman's podcast about the idea of um
- 33:49being able to even create a truth
- 33:52seeking stream within X now the rules
- 33:54have to be different in order to create
- 33:56that in order to create but if you do it
- 33:58top down people aren't going to trust it
- 34:00but it also largely be based on the
- 34:03expertise of existing Authority who've
- 34:04proven themselves not that trustworthy
- 34:06so it has to be a process it has to be
- 34:08relatively transparent but we're not
- 34:11quite doing it yet I think that some of
- 34:13the authorities that you should have
- 34:15some faith in have raised their hands
- 34:17for example on substack um I think the
- 34:20New York Times is trying to improve its
- 34:22trustworthiness to to the larger public
- 34:24at least to some degree but I think
- 34:26we're unavoidably in a messy period
- 34:28where we haven't figured out a way to
- 34:31make our systems for chipping away at
- 34:33falsity for establishing what is true by
- 34:36get getting rid of what isn't I I think
- 34:38we need to figure out a way to make that
- 34:39whole knowledge system more reliable
- 34:42yeah I take your point about the
- 34:43printing press and I I have a uh printed
- 34:46copy of the malas malif aarum somewhere
- 34:49in the house oh wow so uh not not an old
- 34:51one I mean a new one so but uh it's just
- 34:55I understand the chaos rought of
- 34:57suddenly being able to manufacture crazy
- 35:00documents and has it help you find some
- 35:02witches yeah yeah I'm still looking but
- 35:05uh it's a good read but the I I I worry
- 35:10about drawing a false analogy here or
- 35:13being misled by an analogy that doesn't
- 35:16quite capture the Dynamics of what we're
- 35:19suffering here because it's not just a
- 35:22matter of more people talking right
- 35:24because it's you know if you're going to
- 35:27talk about just literacy and its
- 35:29consequences well we we almost got maxed
- 35:31out before the internet right I mean not
- 35:34you know leaving aside like perhaps
- 35:36great swaths of illiterate people but
- 35:38when you're talking about the developed
- 35:40world you know we had something like you
- 35:42know 90 plus% literacy across it and we
- 35:47were talking to each other about
- 35:48everything under the sun and what's
- 35:50happened now is we're talking much
- 35:54faster yeah and the usual Gatekeepers
- 35:57know no longer you know really can man
- 36:00the gates because because we go around
- 36:02them and above them and Below them on
- 36:04social media and it's introduced some
- 36:09fairly perverse incentives to the and
- 36:12that have undermined the the business
- 36:13model of of Journalism in particular
- 36:16it's made you know Academia brittle in
- 36:19the face of public opinion online you
- 36:22know perhaps quite unnecessarily but
- 36:24nonetheless they respond to the the ious
- 36:27mobbins we have seen on Twitter in in
- 36:29ways that have proven totally
- 36:32dysfunctional you know firing a
- 36:34professor for claiming that they're only
- 36:35two biological Sexes is the perfect
- 36:38example we've so we've created a
- 36:40Machinery that is it's not just more
- 36:43voices it is a again it's algorithmic
- 36:47amplification that preferentially
- 36:49spreads misinformation over the truth it
- 36:53biases us toward outrage I mean all of
- 36:56these these effects have been you know
- 36:58at this point endlessly described by me
- 37:01and others but um and and I'm not saying
- 37:03there's there there no benefits to you
- 37:06know every piece of this machine I mean
- 37:08it's not that social media has been bad
- 37:11for us across the board but it does have
- 37:14this effect of I mean now we have you
- 37:15know people in Congress who are there it
- 37:18seems just to talk to their social media
- 37:22followers right I they're not there to
- 37:24govern you you somebody like margorie
- 37:25Taylor green it's just she's building
- 37:28a lunatic brand on social media from
- 37:32Congress that seems to be the project
- 37:35and I worry that it's a different
- 37:38situation and like you know for instance
- 37:41one like one thing you said before we
- 37:43hit this topic which you seem to take as
- 37:45a a fairly Ironclad heuristic which is
- 37:48you know if in the face of a conspiracy
- 37:51theorist who claims that he he's being
- 37:53deprived of speech or a community that
- 37:56claims as much
- 37:58by no means do anything to deprive such
- 38:00people of speech because then you're
- 38:02just you know then you have you know
- 38:04you've it's like the um I guess the
- 38:06David Kesh principle you know that he
- 38:08pulled himself up in a bunker claiming
- 38:10the government was going to come and
- 38:12take his guns and the government came to
- 38:13try to take his guns and all hell broke
- 38:16loose but given the Dynamics of the
- 38:19situation I think a very strong case
- 38:22could be made for canceling certain
- 38:25people that is depriving them of speech
- 38:26on these priv platforms I I think Alex I
- 38:28think the defenestration of Alex Jones
- 38:31has always made a lot of sense given
- 38:33what he was doing on Twitter yeah and I
- 38:37was actually kind of shocked that he was
- 38:38invited back to Twitter because well I
- 38:42it's also kind of personal I I I grew up
- 38:45in Danbury Connecticut and New Town is
- 38:47kind of a suburb of Danbury and one of
- 38:50the guys who used to come to parties at
- 38:51my house lost a little girl at Sandy
- 38:54Hook and so yeah I knew from friends and
- 38:58family you know that that some of the
- 39:00Alex Jones Insanity was leading to you
- 39:04know people showing up and targeting
- 39:06parents who lost their kids but here's
- 39:09the thing that was defamation like like
- 39:12and that was textbook defamation that
- 39:14and and and the idea of actually saying
- 39:17that these particular parents are
- 39:19engaged they're part of a conspiracy
- 39:22they they didn't even lose their kids
- 39:24you know and leading to a situation in
- 39:26which they were actually being targeted
- 39:29that's something that that I I actually
- 39:31thought that him being devastated in
- 39:34court was completely appropriate and I
- 39:36think once you have a finding like that
- 39:37against you it would have been perfectly
- 39:39justifiable because that's unprotected
- 39:41speech that the he not be invited back
- 39:43to a but Greg I'm sure there's a version
- 39:45of it where he let's say he hadn't named
- 39:47the parents specifically but he's still
- 39:50talking about it in such a way on again
- 39:53this media platform that facilitates
- 39:57this kind of MBL convergence on untruth
- 40:01he's propagating his lies and you know
- 40:04his quote opinions in a way that doesn't
- 40:06meet the standard of defamation no one
- 40:08could sue him over no one would have the
- 40:11standing to sue him over it it's a
- 40:13little bit like you know mini Holocaust
- 40:15denial which we you you and I think
- 40:18should be legal and I I I think to be
- 40:20clear I think everything that I'm aware
- 40:22of for defamation aside most of what
- 40:24Alex Jones has said I think he should be
- 40:26free legally free to say but I think any
- 40:30platform should be free to say we want
- 40:33nothing to do with this and we certainly
- 40:34don't want to help this Maniac ruin the
- 40:37lives of people who have already
- 40:39suffered the worst worst thing on earth
- 40:42so yeah well he's he's gone right we've
- 40:45effectively buried him in a digital hole
- 40:47out in the desert I think that's totally
- 40:50fair game and if I was running one of
- 40:51those platforms I would have kicked him
- 40:54off in the first five minutes of my
- 40:56tenure there and many people Beyond him
- 40:59who are participating in the same kind
- 41:01of destruction of our of our information
- 41:05Wilderness you know in many cases
- 41:07consciously and maliciously but in many
- 41:09other cases they're just insane right so
- 41:12the way I tend to think about this is if
- 41:14you shrink the scale of it if you just
- 41:16imagine you if I own a restaurant and
- 41:18the bar I find out that the bartender is
- 41:20talking to customers about how the the
- 41:23Holocaust never happened or you know the
- 41:25Jews deserved it on October 7th right
- 41:27well you know I'm totally within my
- 41:29rights to fire that bartender right it's
- 41:31just he's destroying the brand of the
- 41:33restaurant right he doesn't get to do
- 41:35that as my employee uh and so it would
- 41:37be with a patron to the restaurant if
- 41:39somebody's is actually just making it an
- 41:41unpleasant place to be I should be able
- 41:43to kick them out right so how does that
- 41:46change when it scales to the size of a a
- 41:50quote platform like X or meta or or does
- 41:54it change in your view yeah I mean the
- 41:57primary concern with misinformation and
- 42:00disinformation as a rationale for for
- 42:02kicking people well certainly like you
- 42:04know as rationale for punishing people
- 42:07in a legal sense scares a hell of us if
- 42:10you'd like to continue listening to this
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