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Freedom & Censorship: A Conversation with Greg Lukianoff (Episode #368) — Transcript

by Sam Harris · 7,520 words · 1,072 segments · language en · Watch on YouTube

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  1. 0:06welcome to the making sense podcast this
  2. 0:08is Sam Harris just a note to say that if
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  17. 0:44one today I'm speaking with Greg lukanov
  18. 0:48Greg is the president of the foundation
  19. 0:50for individual rights and expression the
  20. 0:52acronym is fire he earned his
  21. 0:55undergraduate degree from American
  22. 0:57University and his law degree from
  23. 1:00Stanford and he worked for the ACLU of
  24. 1:02Northern California and other
  25. 1:04organizations before joining fire in
  26. 1:072001 and he's one of America's most
  27. 1:10passionate Defenders of free speech he
  28. 1:12has written about the issue in the New
  29. 1:15York Times The Wall Street Journal The
  30. 1:17Washington Post he has produced
  31. 1:19documentaries on the subject he also
  32. 1:22wrote along with Jonathan height the
  33. 1:24coddling of the American mind and most
  34. 1:26recently he wrote along with Ricky
  35. 1:29schlot the cancelling of the American
  36. 1:31mind cancel culture undermines trust
  37. 1:34destroys institutions and threatens us
  38. 1:37all but there is a solution and that is
  39. 1:40the topic of today's conversation Greg
  40. 1:42and I discuss the origins of political
  41. 1:44correctness free speech and its
  42. 1:46boundaries the Bedrock principle of the
  43. 1:49First Amendment technology and the
  44. 1:51marketplace of ideas epistemic Anarchy
  45. 1:55social media and cancel culture
  46. 1:57comparisons to McCarthyism
  47. 2:00self-censorship by professors
  48. 2:02cancellations from the left and the
  49. 2:04right and how they differ Justified
  50. 2:07cancellations the hunter Biden laptop
  51. 2:10Story how to deal with Trump in the
  52. 2:12media the deplorable state of higher
  53. 2:14education in America and other
  54. 2:18topics and I bring you Greg
  55. 2:26lukianov I am here with Greg lukanov
  56. 2:29Greg thanks for joining me thanks for
  57. 2:31having me so uh we've got a lot to talk
  58. 2:33about the world is on fire and uh you
  59. 2:37you you happened to run an organization
  60. 2:39called fire which addresses some of
  61. 2:41these problems I will have introduced
  62. 2:43you properly in my housekeeping but what
  63. 2:45is fire and and how do you come to be
  64. 2:48running it the fire is a foundation for
  65. 2:50individual rights and expression and
  66. 2:52we're actually celebrating our 25th
  67. 2:54anniversary this year uh we were founded
  68. 2:56back in
  69. 2:571999 by Harvey silverglate who is a
  70. 3:01liberal leaning libertarian and uh Alan
  71. 3:04Charles Kors who's a more conservative
  72. 3:05leaning libertarian who is one of the
  73. 3:08you know world's foremost experts on the
  74. 3:10enlightenment especially
  75. 3:12voler and they founded it because even
  76. 3:15back then they realized that and Allan
  77. 3:19was a professor at Penn that students
  78. 3:21were increasingly getting in trouble for
  79. 3:23what they said not what for they did not
  80. 3:25just for what they did and they wrote a
  81. 3:27book called The Shadow University um
  82. 3:29trying to blow the lid on on what was
  83. 3:31going on that came out in 1998 and
  84. 3:34Harvey always likes to say that he
  85. 3:36thought you know that would solve the
  86. 3:38problem but instead they got emails and
  87. 3:41letters from people all over the country
  88. 3:42asking particularly professors asking
  89. 3:44for help and their free speech and
  90. 3:46academic freedom cases so in order to
  91. 3:49deal with the onslaught of of Interest
  92. 3:52they uh founded fire in 1999 and I
  93. 3:55joined as the first legal director in
  94. 3:582001 and I'm the weird law student who
  95. 4:01actually went to law school specifically
  96. 4:03to do first amendment law MH I took
  97. 4:06every class that Stanford offered on
  98. 4:08First Amendment and then when I ran out
  99. 4:11I did six credits on censorship during
  100. 4:13the tutor Dynasty and I externed the
  101. 4:16weird word for internship at the ACLU of
  102. 4:19Northern California so when Harvey went
  103. 4:23to Kathleen Sullivan who was then the
  104. 4:25dean of the law school to ask for who
  105. 4:27they would recommend to be the first
  106. 4:28legal director of Fire
  107. 4:30uh it Remains the greatest compliment I
  108. 4:32ever received is she recommended me by
  109. 4:34name but what years were you at Stanford
  110. 4:371997 to 2000 right actually we
  111. 4:40overlapped a little bit there but I was
  112. 4:42going back to finish my undergraduate
  113. 4:44but I remember that the first time I was
  114. 4:46there there were some intimations of the
  115. 4:49coming censorship apocalypse I I
  116. 4:51remember that the um the great books
  117. 4:54approach to um I forget what it was
  118. 4:57called in the Freshman years like the
  119. 4:58freshman kind of literature requirement
  120. 5:01was a um kind of a great books seminar
  121. 5:04and you know this was um much maligned
  122. 5:08as just teaching the um products of dead
  123. 5:11white men and there there had been a
  124. 5:13March I think it was might have been a
  125. 5:15year before I got there as a freshman
  126. 5:16but you know Jesse Jackson had led a a
  127. 5:19500 person march on the Stanford campus
  128. 5:21that got a lot of coverage and there
  129. 5:23were it was certainly a a movement of
  130. 5:26foot on that particular campus at that
  131. 5:28point to reset everything with respect
  132. 5:31to how we talk about ideas it's I don't
  133. 5:35quite remember what was happening in
  134. 5:361999 but I I can only imagine the pot
  135. 5:39just continued to boil from there yeah
  136. 5:41it it was interesting that you know I
  137. 5:42started there at 90 '97 and nobody
  138. 5:46really talked about the fact that just
  139. 5:47two years earlier um Stanford law had
  140. 5:50lost a court case defending a speech
  141. 5:54code that it had come up with with
  142. 5:56Professor Tom Gray who was a professor
  143. 5:58who was there when I was there to limit
  144. 6:00nominally racist and sexist speech but
  145. 6:03really going after offensive speech to a
  146. 6:05vast degree and even though it was a
  147. 6:08private school the legislature passed a
  148. 6:11special law which now called the Leonard
  149. 6:13law that actually made sure that
  150. 6:15non-sectarian schools in the state of
  151. 6:17California actually had to abide by
  152. 6:19First Amendment standards so they
  153. 6:21actually lost in court in '95 and this
  154. 6:23was like a dirty little secret by 97
  155. 6:26because it was actually kind of a sweet
  156. 6:27spot to go to school because what I
  157. 6:31missed was what I call in my latest book
  158. 6:34the first grade age of political
  159. 6:36correctness which is essentially 85 to
  160. 6:3995 which is when speech codes came into
  161. 6:42Vogue there was I remember actually the
  162. 6:44chant was famous by Jessie Jackson it
  163. 6:46was hey hey hey ho ho Western Civ has
  164. 6:48got to go right that was it yeah yeah
  165. 6:50and this was a lot of what Harvey and
  166. 6:52Allen were writing about in in the
  167. 6:53shadow University but by say
  168. 6:569596 political correctness had become
  169. 6:58even a joke on the left so there was a
  170. 7:01sense that the speech codes were
  171. 7:02defeated the professor it kind of fell
  172. 7:05out of love with enlightened censorship
  173. 7:07the students you know were more the kids
  174. 7:09of the Boomers who were actually quite
  175. 7:11good on free speech and so this all kind
  176. 7:14there was a sense this all kind of died
  177. 7:15off what I learned in working with
  178. 7:17Jonathan height when I was doing the
  179. 7:19research for codling the American mind
  180. 7:21was that interestingly even though this
  181. 7:24kind of fell off of the public radar
  182. 7:26because there was a sense that political
  183. 7:27correctness was like this fever that had
  184. 7:29brok broken sometime in the mid90s but
  185. 7:31that the Viewpoint diversity of of the
  186. 7:34professor of of Professor hirings
  187. 7:37plummeted in the late 90s it got much
  188. 7:39much worse even as people had taken
  189. 7:41their eye off the ball and when I
  190. 7:43started at fire in 2001 I was pretty
  191. 7:46shocked at how easy it was already to
  192. 7:48get in trouble for what you said on
  193. 7:50campus and I also say when when I got to
  194. 7:52Stanford it was a little bit of a
  195. 7:54culture shock to meet so many wealthy
  196. 7:56kids who were pretty Victorian
  197. 8:00I would almost describe it in in their
  198. 8:02ideas of what acceptable speech
  199. 8:04constituted it seemed like it was very
  200. 8:06easy already to get in trouble for
  201. 8:07saying something in an unapproved way
  202. 8:11but it was a cultural thing it it wasn't
  203. 8:13um that people were actually literally
  204. 8:14getting punished for it it was more that
  205. 8:17it just seemed kind of forgive the
  206. 8:18expression uptight well I should say
  207. 8:21much of what we're going to talk about
  208. 8:23you cover in great depth in your most
  209. 8:27recent book The cancelling of the
  210. 8:28American mind which you wrote with uh
  211. 8:30Ricky Schlott and where you know there's
  212. 8:34just a ton of material in there and many
  213. 8:36case studies of which we are not going
  214. 8:38to get to cover which are we may cover
  215. 8:40some but let's cover all of them yeah
  216. 8:42feel free to introduce any any that you
  217. 8:44want but there's just so much detail in
  218. 8:46there where it's just amazing the the
  219. 8:50certainly amazing for anyone who thought
  220. 8:51that cancel culture wasn't a thing I
  221. 8:54anyone who can be found having said that
  222. 8:56in the last 10 years really needs to
  223. 8:58read your book Thank you but um let's
  224. 9:00start with the concept of free speech
  225. 9:04and its
  226. 9:05boundaries how do you think about free
  227. 9:07speech and and what precisely do we want
  228. 9:10to defend here I have a pretty um
  229. 9:13expansive view of what the term Free
  230. 9:14Speech means and I I think of it as the
  231. 9:17big Boolean sphere that includes the
  232. 9:20First Amendment but is much much larger
  233. 9:22than that um and I definitely you know I
  234. 9:25think of it as not just being about the
  235. 9:27limits of the law of what you're to say
  236. 9:30but also your the cultural tolerance for
  237. 9:33the acceptance of people with any kind
  238. 9:36of opinion I I sometimes explain there's
  239. 9:38no such thing as a free speech
  240. 9:39absolutist or at least I haven't met a
  241. 9:42serious person who is yeah because we
  242. 9:43all believe that some speech is and
  243. 9:45should be unprotected but I am an
  244. 9:48opinion absolutist and what I mean by
  245. 9:50that is that if you're merely expressing
  246. 9:52your opinion even if it's repugnant that
  247. 9:54is protected it has to be something more
  248. 9:56than the mere expression of opinion uh
  249. 9:59it has to be something like
  250. 10:00discriminatory harassment which is a
  251. 10:03pattern of severe persistent and
  252. 10:05pervasive behavior that targets someone
  253. 10:07on the basis of a protected category
  254. 10:09that a reasonable person would also find
  255. 10:11offensive and by the way we actually
  256. 10:13have seen genuine discriminatory
  257. 10:15harassment on campus since October 7th
  258. 10:17in a number of cases so it's not an
  259. 10:19unmet standard intimidation also also
  260. 10:23known as true threats which is when you
  261. 10:25make someone we we' make a reasonable
  262. 10:27person fear that they're in danger of
  263. 10:29Bot harm or death that is not protected
  264. 10:31nor should it be defamation is not
  265. 10:33protected which is basically making a
  266. 10:36factual allegation that someone for
  267. 10:38example is guilty of an odious crime you
  268. 10:40know I always gave the example when I
  269. 10:42was at the student newspaper of you know
  270. 10:45groundlessly asserting that you know
  271. 10:47that someone is a pedophile for example
  272. 10:48is is a classic example because that
  273. 10:50could ruin someone's life if if they
  274. 10:52believed you if they believed you so
  275. 10:55nobody really believes that there
  276. 10:57there's no way to use words in a way
  277. 10:59that isn't protected I mean there's also
  278. 11:01of course you know you use words to
  279. 11:03commit extortion you use words to uh
  280. 11:05that are incidental parts of existing
  281. 11:08crimes use words to commit conspiracies
  282. 11:11for example but I think that the the
  283. 11:14most clearly protected kind of freedom
  284. 11:17of speech is when you're merely
  285. 11:18expressing a Viewpoint and under that
  286. 11:21they really the law I think is sensibly
  287. 11:23set up in the United States to have what
  288. 11:26we call the Bedrock principle which is
  289. 11:29it comes from a case called Texas V
  290. 11:31Johnson from 1989 which is about whether
  291. 11:33or not you can burn an American flag or
  292. 11:36whether or not a Anti Flag burning law
  293. 11:38would be constitutional uh and it's a
  294. 11:40great opinion by the way like I I really
  295. 11:42recommend reading it because when I used
  296. 11:44to teach First Amendment it does this
  297. 11:46wonderful kind of overview of the entire
  298. 11:48history of the First Amendment and a
  299. 11:49free speech decision so it's a it's a
  300. 11:51great one to just One-Stop shopping for
  301. 11:54for learning about the the field but it
  302. 11:56calls the Bedrock principle of for the
  303. 11:59first amendment is that you cannot in
  304. 12:01the United States ban speech simply
  305. 12:03because it's offensive and I always make
  306. 12:05the point that this is a great rule for
  307. 12:08a genuinely Multicultural Society
  308. 12:10because what people find offensive and I
  309. 12:14my dad's Russian my mother's British I
  310. 12:16grew up in a neighborhood with a lot of
  311. 12:17kids from Vietnam and Puerto Rico and
  312. 12:20Korea and from Peru like all people who
  313. 12:23had very different ideas of like what
  314. 12:26offensive speech looked like and it was
  315. 12:28such a example for why Free Speech had
  316. 12:31to be the rule because we couldn't you
  317. 12:33know my British mom thought all sorts of
  318. 12:35things were offensive my Russian father
  319. 12:38thought practically nothing was but
  320. 12:39Danny nen's you know parents had
  321. 12:41different ideas of what was in what was
  322. 12:43offensive and same thing with Nelson
  323. 12:44bitos and so I think that the Bedrock
  324. 12:47principle is a very sensible rule for a
  325. 12:50free Multicultural diverse Society but
  326. 12:54it is one of the major things that makes
  327. 12:56America so very different from the from
  328. 12:58Europe for
  329. 13:00example let's Linger on that point
  330. 13:02because I'm often guilty of just
  331. 13:05reflexively seeing everything through an
  332. 13:07American lens and then I'm reminded that
  333. 13:10even our closest Cousins over in the UK
  334. 13:14or or um elsewhere in the english-
  335. 13:17speaking world don't enjoy the same
  336. 13:19kinds of protections that we do how is
  337. 13:22it different in in Europe and Canada and
  338. 13:24Australia and New Zealand and and
  339. 13:26elsewhere and and I think you you and I
  340. 13:29both going to agree that we have it
  341. 13:32closer to right in America than exists
  342. 13:35anywhere else at least that I'm aware of
  343. 13:37what do we have that that other other
  344. 13:39nations don't around free speech I was
  345. 13:42ort sort sort of laughing right there
  346. 13:44because I I violate a major convention
  347. 13:47among constitutional lawyers when I
  348. 13:48travel to Europe it's generally
  349. 13:50considered and it's partially because a
  350. 13:52lot of other constitutional lawyers are
  351. 13:54highly sympathetic to Greater
  352. 13:56limitations to to free speech so it's
  353. 13:58it's partially also just agreement but
  354. 14:00even when they're not um there's a
  355. 14:02tendency to go over there and be very
  356. 14:04deprecating of our own system and very
  357. 14:06complimentary towards uh the way things
  358. 14:09work in Europe and I am not that lawyer
  359. 14:11I I go over and I and I'm rude about I'm
  360. 14:14I'm sorry I actually think I'm quite
  361. 14:15polite about it but I I I violate the
  362. 14:18the rule of saying you you guys have it
  363. 14:20all right and we have it all wrong
  364. 14:21because I'm like I don't think we do
  365. 14:22particularly since I attend a lot of
  366. 14:24these hate speech conferences and
  367. 14:26watching someone with a you know German
  368. 14:28accent explain why you know this cartoon
  369. 14:32landed someone in jail but this cartoon
  370. 14:34didn't and you're like this doesn't make
  371. 14:37any sense these These are both arguably
  372. 14:39equally offensive and you're just being
  373. 14:41arbitrary about it so you're not really
  374. 14:43persuading me that this is the way to go
  375. 14:46and that's partially because they don't
  376. 14:47have a Bedrock principle that um You
  377. 14:50Can't Ban speech simply because it's
  378. 14:51offensive but I think that comes from an
  379. 14:53interesting place and I think it's
  380. 14:55essentially oh God I found myself
  381. 14:57thinking about the Treaty of w failure
  382. 14:591648 um the nation state model you know
  383. 15:02essentially I think that in my mother's
  384. 15:05Britain there is an idea that there's
  385. 15:07sort of a modal Brit and that that
  386. 15:10Nation can be kind of almost analogized
  387. 15:13to a single person who has just like any
  388. 15:16person a list of things that are
  389. 15:19offensive and a list of things that
  390. 15:20aren't a John bow kind of character and
  391. 15:23I think that that's something that
  392. 15:25you'll see in sort of like the national
  393. 15:27character of Germany and France and is
  394. 15:29an idea that there is like a a modal
  395. 15:31version of that person and if you think
  396. 15:34of of your country that way it can make
  397. 15:36sense that you can call balls and
  398. 15:37Strikes in terms of what's offensive and
  399. 15:39what's not because you think that
  400. 15:40there's there there's some way that most
  401. 15:42people in your country would I think
  402. 15:44this has gotten much harder to argue as
  403. 15:46all of these countries have become much
  404. 15:48more diverse much more Multicultural and
  405. 15:50I think it was also a little bit asinine
  406. 15:52to argue in the first place particularly
  407. 15:53in a lot of these places because of
  408. 15:55profound class differences Within These
  409. 15:57same cultures m and so I think that
  410. 16:00that's one of the reasons why that they
  411. 16:02can be more comfortable thinking that
  412. 16:04they have that that not having a Bedrock
  413. 16:06principle makes sense but I but I can
  414. 16:07see that that the strain on the system
  415. 16:10is really happening in places like
  416. 16:12Scotland and Ireland and Germany for
  417. 16:14that matter in terms of how do you
  418. 16:15enforce this fairly and the answer is
  419. 16:17it's incredibly difficult meanwhile in
  420. 16:19the United States we've always had an
  421. 16:22understanding that Boston is not like
  422. 16:25Richmond is not like Georgia is not like
  423. 16:27and then later Califoria
  424. 16:29uh not like Texas so we've never really
  425. 16:32thought of ourselves despite the image
  426. 16:34of Uncle Sam we've always been a country
  427. 16:36that we know full well that that
  428. 16:38different parts of us are simply not
  429. 16:40going to agree and I think frankly we've
  430. 16:42been at the genuinely Multicultural
  431. 16:45generally multiethnic Society thing
  432. 16:48longer than a lot of the countries in
  433. 16:50Europe and so I think we actually did
  434. 16:52get this one right and I think that what
  435. 16:55you see going on currently in Europe
  436. 16:57particularly around issues like
  437. 16:58immigration I mean I I think about that
  438. 17:01the the polling that you you you
  439. 17:03presented on on Bill marah's show about
  440. 17:06so some conservative Muslim attitudes
  441. 17:08about a variety of of issues that struck
  442. 17:12me as something that absolutely
  443. 17:13protected the United States but I could
  444. 17:15imagine that even some factual
  445. 17:17assertions could be treated in some
  446. 17:18countries in Europe as if they're actual
  447. 17:20offenses now yeah yeah yeah well the the
  448. 17:23the modal Brit or the modal German or
  449. 17:26the mo modal Frenchman is increasingly
  450. 17:28to be guilty of islamophobia in that
  451. 17:31context so let's return to the American
  452. 17:36view of things I so I think we both
  453. 17:38agree that as well- intended as they
  454. 17:40might be prescriptions against offensive
  455. 17:44speech in other countries like the UK or
  456. 17:47Germany Holocaust denial laws for
  457. 17:50instance inh places like Germany and I
  458. 17:52think Austria has it I'm not sure where
  459. 17:54else you they can you know literally
  460. 17:57land you in prison for denying the
  461. 17:59Holocaust you know as much as I am a
  462. 18:02student of the Holocaust and am alert to
  463. 18:04the even to the the forward-looking
  464. 18:06prospect of future Holocaust I think
  465. 18:10laws of that sort are just wrong-headed
  466. 18:11I mean they're not they they don't
  467. 18:13accomplish what you would hope they
  468. 18:14would accomplish which is to get
  469. 18:16everyone to understand that you know in
  470. 18:18this case the Holocaust really did
  471. 18:19happen and it was horrific and it's just
  472. 18:22the wrong algorithm to be running
  473. 18:25socially so as to purify people's
  474. 18:28thinking and to get people to converge
  475. 18:30on a fact-based and well-intentioned
  476. 18:32discussion about reality right I what I
  477. 18:35think we want and I'm now putting words
  478. 18:37in your mouth and feel free to take them
  479. 18:39out but what I think we want is the the
  480. 18:41proper error correcting mechanism of it
  481. 18:44being legal to more or less talk about
  482. 18:48anything leaving aside those cases where
  483. 18:51speech isn't quite just speech uh where
  484. 18:54it is you know I think as you said a
  485. 18:57provocation to imminent law Lawless
  486. 18:59action or you know obvious harassment or
  487. 19:01it's more you know you're it's a kind of
  488. 19:04behavior you know you could be
  489. 19:05defrauding someone with speech Etc but
  490. 19:08if you're if you're just expressing
  491. 19:10opinions and even you know
  492. 19:11extraordinarily odious ones and and even
  493. 19:14in principle Dangerous Ones and you know
  494. 19:17dangerous if acted upon I think we want
  495. 19:20the generally speaking in the public
  496. 19:23sphere which is to say you know that the
  497. 19:25sphere that the government coercion cast
  498. 19:28a shadow over I think we want just the
  499. 19:32best idea to win in collision with all
  500. 19:35other ideas is that how you do you agree
  501. 19:37with what I've said on that well the
  502. 19:40marketplace of ideas theory of freedom
  503. 19:42of speech I think is I think it's a
  504. 19:44great idea and I think it's particularly
  505. 19:46relevant um in higher education where it
  506. 19:49is supposed to be a Clashing of ideas
  507. 19:52and VI of disconfirmation to you know
  508. 19:54chip ever closer to the truth by
  509. 19:56chipping away at falsity but I have a
  510. 19:59little bit of a more idiosyncratic
  511. 20:01theory on freedom of speech that
  512. 20:03unsurprisingly is fairly expansive and I
  513. 20:06just call it simply the pure
  514. 20:07informational theory of free speech
  515. 20:09which is that there is if the goal of
  516. 20:11human knowledge is to know the world as
  517. 20:13it is then you can't really know the
  518. 20:17world as it is without knowing what
  519. 20:19people actually think and if you create
  520. 20:21a situation in which people aren't too
  521. 20:23terrified to say what they actually
  522. 20:25think for fear of punishment you are
  523. 20:26depriving yourself of really important
  524. 20:28knowledge about the world and I and
  525. 20:30extend this also to conspiracy theories
  526. 20:32so like let's take a real one the
  527. 20:34protocols of the Elders of Zion if uh
  528. 20:37the idea that that wasn't a relevant and
  529. 20:40important thing to know about its
  530. 20:41existence in history it is just
  531. 20:45delusional I I think it's very important
  532. 20:47that people understand that there was
  533. 20:48this massive conspiracy theory at the
  534. 20:50early part of the 20th century that was
  535. 20:52based on very shoddy writing that
  536. 20:54basically were saying that Jews
  537. 20:56controlled the world is it true no no is
  538. 20:59it worth knowing of course it is and so
  539. 21:02when it comes to conspiracy theories
  540. 21:04when I'm being a little more
  541. 21:05light-hearted about it the way I explain
  542. 21:06it is listen lizard people who live
  543. 21:09under the Denver Airport do not control
  544. 21:11the world but knowing that your
  545. 21:13girlfriend or Uncle believe that lizard
  546. 21:16people living under the Denver Airport
  547. 21:18control the world is very important
  548. 21:20information to have and so knowing what
  549. 21:23people really think and why is a key
  550. 21:25part to under understanding the world
  551. 21:27and when it comes to conspiracy theories
  552. 21:29I mean here's one thing that I just have
  553. 21:31to say over and over again if you're
  554. 21:33battling someone who believes that
  555. 21:35there's a conspiracy to shut them up do
  556. 21:38absolutely nothing that looks like a
  557. 21:41conspiracy to shut them up because
  558. 21:43they're just going to take that is like
  559. 21:45well I must be on to something and then
  560. 21:47the the last part of like why you have
  561. 21:49to let these bad ideas out is something
  562. 21:52that I call the um call Mills Trident
  563. 21:55from the uh from on Liberty which is
  564. 21:58that in a truth seeking discussion which
  565. 22:00is actually not most discussions but in
  566. 22:02a discussion to try to get towards truth
  567. 22:04there's only three possibilities you're
  568. 22:06either completely wrong you're partially
  569. 22:10wrong or partially right or you're
  570. 22:12completely right and now that middle
  571. 22:14category is the one that's going to be
  572. 22:16the most common yes well populated yeah
  573. 22:18exactly but in the case that you're
  574. 22:20completely wrong of course free speech
  575. 22:22is useful because people can point out H
  576. 22:25how and why you're wrong in the middle
  577. 22:27one there's really no other way to get
  578. 22:30at what's the wrong parts of your
  579. 22:33opinion uh without usually a somewhat
  580. 22:35long process of of debate and discussion
  581. 22:38but even under that final one if you're
  582. 22:40completely right that obviously that the
  583. 22:42Holocaust really happened but you never
  584. 22:45actually get tested on that people tend
  585. 22:47to hold their beliefs like they hold
  586. 22:49prejudices they know that something's
  587. 22:51true or they believe that something's
  588. 22:53true but they don't know why and that's
  589. 22:55a very brittle State of Affairs because
  590. 22:58if basically you know that it's illegal
  591. 23:01to say that the Holocaust didn't happen
  592. 23:03but you're never actually challenged on
  593. 23:05whether or not it happened you may not
  594. 23:06even end up being aware of how
  595. 23:08overwhelming the evidence that it
  596. 23:10absolutely completely happened is and so
  597. 23:13I I think that a lot of these
  598. 23:14anti-conspiracy laws backfire in of
  599. 23:18multiple ways and one thing that is I I
  600. 23:20think interesting is when you look at
  601. 23:23the prevalence of a holocaust denial but
  602. 23:25also of things like anti-Semitism in
  603. 23:28Europe versus the United States yet
  604. 23:30Europe passed a lot of laws that
  605. 23:32critically places like France laws that
  606. 23:34were designed to go after anti-semitic
  607. 23:37speech there was also a push of course
  608. 23:39on college campuses to do the same thing
  609. 23:41both in the 90s but they actually got
  610. 23:43passed in France and they only got
  611. 23:44passed on campuses in in the United
  612. 23:47States and for the most part they were
  613. 23:48defeated in court but when you look at
  614. 23:51sort of like the rates of anti-Semitism
  615. 23:53in Europe they're much much higher than
  616. 23:57they are in the United States although
  617. 23:58unfortunately things have been getting
  618. 23:59worse in the past couple years and I
  619. 24:02think that's at least in part
  620. 24:03underestimating what can happen if you
  621. 24:06don't actually create a situation in
  622. 24:08which people are people are actually
  623. 24:10finding out what people really think and
  624. 24:12why I think we should introduce a few
  625. 24:14more distinctions here because I I think
  626. 24:16as as much as we seem to agree that we
  627. 24:19may disagree on a few points and it'll
  628. 24:21be interesting to to have you defrag my
  629. 24:23hard drive if uh it needs it so there
  630. 24:27there's a distinction between laws and
  631. 24:30norms and there's a distinction between
  632. 24:33public and private spaces or or you know
  633. 24:36platforms and and a failure to notice
  634. 24:39these distinctions in my view does
  635. 24:41confound a lot of the discussion around
  636. 24:43censorship and misinformation and you
  637. 24:45know the big Tech and what should have
  638. 24:48happened on Twitter during Co Etc and
  639. 24:51some of what you cover in your book so
  640. 24:54as I just said I'm I'm I fully agree
  641. 24:56agree with you that nobody is a free
  642. 24:58speech absolutist that's just a cartoon
  643. 25:00of a cartoon and especially when you
  644. 25:03move into private space and private
  645. 25:06platforms and businesses that have
  646. 25:08Brands to be maintained right your meta
  647. 25:11or Instagram or uh your Twitter now X
  648. 25:15right you're you're a business that has
  649. 25:17to make money at some point presumably
  650. 25:20and then the question is what what sort
  651. 25:22of information do you want on your
  652. 25:24platform you're you're in a position to
  653. 25:26make decisions you know curatory you
  654. 25:28know moderating decisions you have to
  655. 25:31make those decisions unless you're going
  656. 25:34to become the next 4chan or a Chan or
  657. 25:37some other digital sewer that nobody or
  658. 25:41few few of us want to spend much time in
  659. 25:43and certainly no one wants to advertise
  660. 25:44in right and yet any effort to clean up
  661. 25:49the sewage is you know your routinely
  662. 25:52described you know mostly right of
  663. 25:54center now as censorship right and this
  664. 25:59has always just struck me as pure
  665. 26:01confusion and especially in a political
  666. 26:03context where you're you're you're
  667. 26:06seeing the the algorithmic amplification
  668. 26:09of obvious misinformation and
  669. 26:11disinformation some of which obviously
  670. 26:14is is put there maliciously by you know
  671. 26:16Russian troll Farms right although
  672. 26:18that's not the bulk of it that certainly
  673. 26:19happens but much of it is just generated
  674. 26:21by Maniacs whether it's Alex Jones or or
  675. 26:24someone you've never heard of and the
  676. 26:27way it's different than ordinary speech
  677. 26:29is once again it is algorithmically
  678. 26:31Amplified based on the Dynamics of these
  679. 26:35hallucination machines that we have
  680. 26:36built and it's just a much more
  681. 26:39complicated picture again there are
  682. 26:42distinctions between laws and Norms
  683. 26:43public and private normal speech versus
  684. 26:46algorithmically boosted speech speech
  685. 26:48whose terrible effects you can see play
  686. 26:51out hour by hour and in certain cases
  687. 26:54you know many of us worry that the
  688. 26:56misinformation component of this if Le
  689. 26:59left
  690. 27:01unchecked could render us just
  691. 27:03ungovernable politically right I mean
  692. 27:05the people are so confused when you look
  693. 27:07at what's happening on college campuses
  694. 27:09now mhm I look at it as just a a a it's
  695. 27:12a manufactured hysteria based on almost
  696. 27:16pure misinformation I there's a lot of
  697. 27:18stupidity you know greasing the wheels
  698. 27:19there and and moral blindness but
  699. 27:22there's a tremendous amount of
  700. 27:24misinformation and so that you know the
  701. 27:27happy talk I I uttered a few minutes ago
  702. 27:29about how you know the best idea should
  703. 27:31win in collision with all other ideas we
  704. 27:33have created private and public and you
  705. 27:37know semi-private semi-public you know
  706. 27:39contexts whether you think of each of
  707. 27:41these things as Publishers or platforms
  708. 27:43you know depending on how you squint
  709. 27:45your eyes you can make a case for either
  710. 27:47we've created a situation where we
  711. 27:50appear to be driving ourselves fairly
  712. 27:52crazy and it's worth worrying about this
  713. 27:55and so I'm I'm just wondering I mean
  714. 27:58take any side of that you know grotesque
  715. 28:00object I just put in view you want but
  716. 28:02how does your commitment to free speech
  717. 28:07in a in a very you know deep way help
  718. 28:10you navigate the the mess I just made
  719. 28:13yeah no this this is I and I wish I
  720. 28:17could I could have a a short answer to
  721. 28:19this but I don't I don't think we I
  722. 28:21really can because I I think that we
  723. 28:23have to take a big step back to where we
  724. 28:26are in 2024 and I talk about this a lot
  725. 28:30within my organization probably people
  726. 28:32are sick and tired of hearing the
  727. 28:33printing press but I mentioned that I
  728. 28:36did censorship during the tutor Dynasty
  729. 28:38but the reason why I was uh studying
  730. 28:40censorship during the tutor Dynasty is
  731. 28:42that was all directed at the printing
  732. 28:44press as being this Infernal Device that
  733. 28:47spread misinformation that led to all of
  734. 28:49these social ills and I always want to
  735. 28:52be clear here it did it really did um in
  736. 28:55a in a lot of ways because and this is
  737. 28:58this is a point that I sometimes you
  738. 28:59know take a somewhat different approach
  739. 29:01than my much beloved friend John hey is
  740. 29:04that I'm you know I'm more of a civil
  741. 29:05libertarian but also I come from you
  742. 29:07know a little bit of a different sort of
  743. 29:10academic background and I definitely you
  744. 29:13know tend to see Solutions as more
  745. 29:15bottom up than top down because I look
  746. 29:18at what happened in England around the
  747. 29:21printing press starting with Henry and
  748. 29:22then also going all the way through
  749. 29:24Elizabeth actually all the way through
  750. 29:26through the Glorious Revolution a little
  751. 29:28Beyond about the printing press and
  752. 29:31essentially what happened there was you
  753. 29:33suddenly had millions of of additional
  754. 29:36people in a fast in a faster paced
  755. 29:39Global discussion about what is true and
  756. 29:42what is not and in the short run it was
  757. 29:46devastating it meant an increase in The
  758. 29:49Witch Trials it meant religious unrest
  759. 29:53it meant political unrest it meant
  760. 29:55genuine Bloodshed and in some ways this
  761. 29:58disorder led to the the biggest war in
  762. 30:01European history before the before World
  763. 30:03War I the 30 Years War yeah which was
  764. 30:06just a absolute Calamity so Henry's and
  765. 30:09and and Elizabeth's and Mary and
  766. 30:11Edward's you know concerned about the
  767. 30:13printing press you know it honestly
  768. 30:15should not be so easily dismissed
  769. 30:17because it really was a device that led
  770. 30:19to all this destruction but that's going
  771. 30:22to happen anytime that you have this
  772. 30:24many additional people brought into a
  773. 30:26conversation over the long term it
  774. 30:28actually turns out that this many
  775. 30:29additional eyeballs and Minds on
  776. 30:31problems was a tremendous Boon for the
  777. 30:34production of thought and for human
  778. 30:36progress because it allowed for things
  779. 30:38like the Scientific Revolution it
  780. 30:40allowed for decentralized
  781. 30:42disconfirmation of of information which
  782. 30:45which is you know one of a great that
  783. 30:47we're still benefiting from to this day
  784. 30:49social media has added billions of
  785. 30:53people to an instantaneous and
  786. 30:56fast-paced Global conversation ation so
  787. 30:58there's literally no way to avoid that
  788. 31:02being a anarchical epistemically
  789. 31:05anarchical uh period so I feel like
  790. 31:08we're unavoidably in a crazy period
  791. 31:10right now and I get sometimes more
  792. 31:13concerned about ways to fix the problem
  793. 31:15if they're heavy-handed top- down
  794. 31:17problems but another thing that happened
  795. 31:19when you have this many new minds and
  796. 31:21voices into a conversation is you
  797. 31:23realize that the old authorities
  798. 31:25probably didn't necessarily deserve to
  799. 31:28be authorities in many ways because with
  800. 31:30this many minds and eyes on a problem
  801. 31:33you realize you know the thinness of
  802. 31:36what you know some of the ancient voices
  803. 31:37were actually telling us particularly
  804. 31:39about things like science and so the old
  805. 31:42Authority gets destroyed and there's
  806. 31:43always a period before new new Authority
  807. 31:47is able to establish itself and it can
  808. 31:49be a messy ugly process I feel like
  809. 31:52we're in the epistemic Anarchy period
  810. 31:54still but I do think that people are
  811. 31:56kind of raising their hands to say
  812. 31:58actually or and institutions and papers
  813. 32:02and Publications as being I will
  814. 32:04actually you know I I can I I will be
  815. 32:07straight I will I will actually be be
  816. 32:09someone who will be a reliable source of
  817. 32:12expertise and information but the thing
  818. 32:15that one of the reasons why trust is in
  819. 32:17the title cancelling of the American
  820. 32:19mind is because I think cancel culture I
  821. 32:22think what the calamities we're seeing
  822. 32:24on campus has been a well-deserved
  823. 32:28disaster for The credibility of the
  824. 32:30academic class and for the for the
  825. 32:32expert class overall because nobody
  826. 32:34really after you know a professor loses
  827. 32:37their job for example for saying
  828. 32:38biological sex is real which really
  829. 32:40happened you're nobody's going to listen
  830. 32:42to you again when you try to claim
  831. 32:44actually it exists on a spectrum because
  832. 32:45they realize you can't be objective in
  833. 32:47an environment where your job would
  834. 32:49depend on giving the quote unquote right
  835. 32:51answer on that so I think that right now
  836. 32:55we're seeing a much bigger disruption
  837. 32:57because nobody knows who to trust and a
  838. 33:00lot of the voices that we were supposed
  839. 33:02to be able to trust whether it's
  840. 33:03mainstream media whether it's Academia
  841. 33:05whether it's the expert class have shown
  842. 33:08themselves to not be that trustworthy
  843. 33:09and and unfortunately I I actually agree
  844. 33:12with that to a large degree I actually
  845. 33:14think that the expert class has really
  846. 33:15shot itself in the foot in in a lot of
  847. 33:17ways but we haven't yet reached the the
  848. 33:20stage where we know which experts are
  849. 33:22actually reliable and unfortunately the
  850. 33:25a lot of those same experts you know
  851. 33:27that we that we would hope would be are
  852. 33:29the same people who created sort of the
  853. 33:31the misinformation on campus so there's
  854. 33:33a big problem there and I've been
  855. 33:35thinking a lot about how to create
  856. 33:39social media specifically for Truth For
  857. 33:43Truth identification and and I think
  858. 33:45it's possible I I talked about on Lex
  859. 33:47freedman's podcast about the idea of um
  860. 33:49being able to even create a truth
  861. 33:52seeking stream within X now the rules
  862. 33:54have to be different in order to create
  863. 33:56that in order to create but if you do it
  864. 33:58top down people aren't going to trust it
  865. 34:00but it also largely be based on the
  866. 34:03expertise of existing Authority who've
  867. 34:04proven themselves not that trustworthy
  868. 34:06so it has to be a process it has to be
  869. 34:08relatively transparent but we're not
  870. 34:11quite doing it yet I think that some of
  871. 34:13the authorities that you should have
  872. 34:15some faith in have raised their hands
  873. 34:17for example on substack um I think the
  874. 34:20New York Times is trying to improve its
  875. 34:22trustworthiness to to the larger public
  876. 34:24at least to some degree but I think
  877. 34:26we're unavoidably in a messy period
  878. 34:28where we haven't figured out a way to
  879. 34:31make our systems for chipping away at
  880. 34:33falsity for establishing what is true by
  881. 34:36get getting rid of what isn't I I think
  882. 34:38we need to figure out a way to make that
  883. 34:39whole knowledge system more reliable
  884. 34:42yeah I take your point about the
  885. 34:43printing press and I I have a uh printed
  886. 34:46copy of the malas malif aarum somewhere
  887. 34:49in the house oh wow so uh not not an old
  888. 34:51one I mean a new one so but uh it's just
  889. 34:55I understand the chaos rought of
  890. 34:57suddenly being able to manufacture crazy
  891. 35:00documents and has it help you find some
  892. 35:02witches yeah yeah I'm still looking but
  893. 35:05uh it's a good read but the I I I worry
  894. 35:10about drawing a false analogy here or
  895. 35:13being misled by an analogy that doesn't
  896. 35:16quite capture the Dynamics of what we're
  897. 35:19suffering here because it's not just a
  898. 35:22matter of more people talking right
  899. 35:24because it's you know if you're going to
  900. 35:27talk about just literacy and its
  901. 35:29consequences well we we almost got maxed
  902. 35:31out before the internet right I mean not
  903. 35:34you know leaving aside like perhaps
  904. 35:36great swaths of illiterate people but
  905. 35:38when you're talking about the developed
  906. 35:40world you know we had something like you
  907. 35:42know 90 plus% literacy across it and we
  908. 35:47were talking to each other about
  909. 35:48everything under the sun and what's
  910. 35:50happened now is we're talking much
  911. 35:54faster yeah and the usual Gatekeepers
  912. 35:57know no longer you know really can man
  913. 36:00the gates because because we go around
  914. 36:02them and above them and Below them on
  915. 36:04social media and it's introduced some
  916. 36:09fairly perverse incentives to the and
  917. 36:12that have undermined the the business
  918. 36:13model of of Journalism in particular
  919. 36:16it's made you know Academia brittle in
  920. 36:19the face of public opinion online you
  921. 36:22know perhaps quite unnecessarily but
  922. 36:24nonetheless they respond to the the ious
  923. 36:27mobbins we have seen on Twitter in in
  924. 36:29ways that have proven totally
  925. 36:32dysfunctional you know firing a
  926. 36:34professor for claiming that they're only
  927. 36:35two biological Sexes is the perfect
  928. 36:38example we've so we've created a
  929. 36:40Machinery that is it's not just more
  930. 36:43voices it is a again it's algorithmic
  931. 36:47amplification that preferentially
  932. 36:49spreads misinformation over the truth it
  933. 36:53biases us toward outrage I mean all of
  934. 36:56these these effects have been you know
  935. 36:58at this point endlessly described by me
  936. 37:01and others but um and and I'm not saying
  937. 37:03there's there there no benefits to you
  938. 37:06know every piece of this machine I mean
  939. 37:08it's not that social media has been bad
  940. 37:11for us across the board but it does have
  941. 37:14this effect of I mean now we have you
  942. 37:15know people in Congress who are there it
  943. 37:18seems just to talk to their social media
  944. 37:22followers right I they're not there to
  945. 37:24govern you you somebody like margorie
  946. 37:25Taylor green it's just she's building
  947. 37:28a lunatic brand on social media from
  948. 37:32Congress that seems to be the project
  949. 37:35and I worry that it's a different
  950. 37:38situation and like you know for instance
  951. 37:41one like one thing you said before we
  952. 37:43hit this topic which you seem to take as
  953. 37:45a a fairly Ironclad heuristic which is
  954. 37:48you know if in the face of a conspiracy
  955. 37:51theorist who claims that he he's being
  956. 37:53deprived of speech or a community that
  957. 37:56claims as much
  958. 37:58by no means do anything to deprive such
  959. 38:00people of speech because then you're
  960. 38:02just you know then you have you know
  961. 38:04you've it's like the um I guess the
  962. 38:06David Kesh principle you know that he
  963. 38:08pulled himself up in a bunker claiming
  964. 38:10the government was going to come and
  965. 38:12take his guns and the government came to
  966. 38:13try to take his guns and all hell broke
  967. 38:16loose but given the Dynamics of the
  968. 38:19situation I think a very strong case
  969. 38:22could be made for canceling certain
  970. 38:25people that is depriving them of speech
  971. 38:26on these priv platforms I I think Alex I
  972. 38:28think the defenestration of Alex Jones
  973. 38:31has always made a lot of sense given
  974. 38:33what he was doing on Twitter yeah and I
  975. 38:37was actually kind of shocked that he was
  976. 38:38invited back to Twitter because well I
  977. 38:42it's also kind of personal I I I grew up
  978. 38:45in Danbury Connecticut and New Town is
  979. 38:47kind of a suburb of Danbury and one of
  980. 38:50the guys who used to come to parties at
  981. 38:51my house lost a little girl at Sandy
  982. 38:54Hook and so yeah I knew from friends and
  983. 38:58family you know that that some of the
  984. 39:00Alex Jones Insanity was leading to you
  985. 39:04know people showing up and targeting
  986. 39:06parents who lost their kids but here's
  987. 39:09the thing that was defamation like like
  988. 39:12and that was textbook defamation that
  989. 39:14and and and the idea of actually saying
  990. 39:17that these particular parents are
  991. 39:19engaged they're part of a conspiracy
  992. 39:22they they didn't even lose their kids
  993. 39:24you know and leading to a situation in
  994. 39:26which they were actually being targeted
  995. 39:29that's something that that I I actually
  996. 39:31thought that him being devastated in
  997. 39:34court was completely appropriate and I
  998. 39:36think once you have a finding like that
  999. 39:37against you it would have been perfectly
  1000. 39:39justifiable because that's unprotected
  1001. 39:41speech that the he not be invited back
  1002. 39:43to a but Greg I'm sure there's a version
  1003. 39:45of it where he let's say he hadn't named
  1004. 39:47the parents specifically but he's still
  1005. 39:50talking about it in such a way on again
  1006. 39:53this media platform that facilitates
  1007. 39:57this kind of MBL convergence on untruth
  1008. 40:01he's propagating his lies and you know
  1009. 40:04his quote opinions in a way that doesn't
  1010. 40:06meet the standard of defamation no one
  1011. 40:08could sue him over no one would have the
  1012. 40:11standing to sue him over it it's a
  1013. 40:13little bit like you know mini Holocaust
  1014. 40:15denial which we you you and I think
  1015. 40:18should be legal and I I I think to be
  1016. 40:20clear I think everything that I'm aware
  1017. 40:22of for defamation aside most of what
  1018. 40:24Alex Jones has said I think he should be
  1019. 40:26free legally free to say but I think any
  1020. 40:30platform should be free to say we want
  1021. 40:33nothing to do with this and we certainly
  1022. 40:34don't want to help this Maniac ruin the
  1023. 40:37lives of people who have already
  1024. 40:39suffered the worst worst thing on earth
  1025. 40:42so yeah well he's he's gone right we've
  1026. 40:45effectively buried him in a digital hole
  1027. 40:47out in the desert I think that's totally
  1028. 40:50fair game and if I was running one of
  1029. 40:51those platforms I would have kicked him
  1030. 40:54off in the first five minutes of my
  1031. 40:56tenure there and many people Beyond him
  1032. 40:59who are participating in the same kind
  1033. 41:01of destruction of our of our information
  1034. 41:05Wilderness you know in many cases
  1035. 41:07consciously and maliciously but in many
  1036. 41:09other cases they're just insane right so
  1037. 41:12the way I tend to think about this is if
  1038. 41:14you shrink the scale of it if you just
  1039. 41:16imagine you if I own a restaurant and
  1040. 41:18the bar I find out that the bartender is
  1041. 41:20talking to customers about how the the
  1042. 41:23Holocaust never happened or you know the
  1043. 41:25Jews deserved it on October 7th right
  1044. 41:27well you know I'm totally within my
  1045. 41:29rights to fire that bartender right it's
  1046. 41:31just he's destroying the brand of the
  1047. 41:33restaurant right he doesn't get to do
  1048. 41:35that as my employee uh and so it would
  1049. 41:37be with a patron to the restaurant if
  1050. 41:39somebody's is actually just making it an
  1051. 41:41unpleasant place to be I should be able
  1052. 41:43to kick them out right so how does that
  1053. 41:46change when it scales to the size of a a
  1054. 41:50quote platform like X or meta or or does
  1055. 41:54it change in your view yeah I mean the
  1056. 41:57primary concern with misinformation and
  1057. 42:00disinformation as a rationale for for
  1058. 42:02kicking people well certainly like you
  1059. 42:04know as rationale for punishing people
  1060. 42:07in a legal sense scares a hell of us if
  1061. 42:10you'd like to continue listening to this
  1062. 42:11conversation you'll need to subscribe at
  1063. 42:13samh harris.org once you do you'll get
  1064. 42:16access to all fulllength episodes of The
  1065. 42:18Making Sense podcast the podcast is
  1066. 42:21available to everyone through our
  1067. 42:22scholarship program so if you can't
  1068. 42:24afford a subscription please request a
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  1072. 42:33subscribe now at Sam harris.org

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