There’s a cultural tone where progress is pretty full of its own value. The connotation of progress often suggests, by the same turn, that whatever is not progress is an obstacle. This sense of progress discounts whatever preceded it as obsolete – whether as something quaint or paltry but, either way, as certainly not worth keeping. To this sense of progress, however ironically, history is invective.
Progress is commonly venerated as something that’s coming next that is better and, obviously, thereby to be preferred, as compared to whatever comes next as being simply next. What might have amounted to an organic change is pre-empted by the contrivance of progress. What might have been less characterised than simply observed is superseded by an imperative for progress, the value and desirability of which is clear to any who decide to believe it, and lost on any who decide not to.
Who decided progress gets to play the trump card? When and how was progress excused from easing its way in respectfully, the way I ask students to join us quietly when they arrive late? What makes progress this prevailingly important, as compared to any other approach or way to be that we might choose to try?
Maybe asking these questions is stubborn, but that only makes progress more pushy – and if both are arrogant for saying so, well… I’m pretty sure it takes one to know one.
Progress ought to understand, when it rips the past to shreds, that it’s not the only one who’s expended itself to become what it becomes. Tearing down the past can discount untold gallons of blood sweat and tears. One swing of progress can undo years, decades, centuries of labour, layer upon layer of things learned along the way up til then, things like the forebears of – yeah – progress.
Assuming one and only one stance risks neglecting any other perspective. Careful note here ought to assure that progress, like status quo, doesn’t have to be a nemesis or a victim, not unless it decides to be.
What happened to Gamestop was just as manipulative and false in the ‘save’ direction as being crushed in the ‘zero’ direction, and the ends attempting to justify the means is hypocrisy.
Have you seen this? You must have seen it, or else you heard something, I’m sure.
What this subreddit crew did was give hedge funds a taste of their own medicine, yet if you can imagine, they also put the people at Gamestop, and AMC, and BlackBerry too, into awkwardly middle positions they undoubtedly never asked to find themselves, to face grave uncertainty they definitely never expected, the likes of all this being rather unprecedented. The lives and livelihoods of those company people were taken for a joyride, which seems detached from what the redditors were out to defend. Where some Wall Street practice is questionable, doesn’t it remain questionable when practised by anybody else, likewise? Robbing the rich to give to the poor… it does have that certain romance, doesn’t it? Even so… ask yourself whether it comes justifiably at Gamestop’s expense. Gamestop and these other companies, it seems to me, already shorted and suffering, were basically used.
All this began with a tweet from Chamath Palihapitiya, if I’ve understood the news correctly, which was answered by followers who must have thought how clever it would be to stop the hedge fund game this way. [*NB as of Feb. 03, 2021: read here a little more about the origins of this incident.] With no one from these ‘saved’ companies having a say, no one asking Gamestop’s permission, but simply hoisting them up onto heroic shoulders of retail… surely this would become momentum trading at its finest. Incidentally, I watched a live interview with Chamath Palihapitiya on CNBC while the Gamestop action was churning away on January 27 – it was truly fascinating television – and I will say that Palihapitiya stuck to a thesis that was clear and detectable in every statement he made. Also note that whether you agree with his thesis is beside the point that he had one and stuck to it.
Several times Palihapitiya explained what he’d ‘bought’ with his involvement. He said he’d learned more about the redditors – the range of who comprises their community, and the various motives they have. And he said he’d come to see more clearly the need for total transparency by all market participants – institutional as well as retail – if it’s to be an equitable venue for trade. As for me, I knew nothing about Palihapitiya before today and found him compelling and persuasive and, from his position, fully able to let anchor Scott Wapner dig himself deep into a hole with a +1 spade of ignorance. That was my interpretation, anyway, with no real dog in the fight – watch and judge for yourself.
Historically, the culture of the stock market has changed over time, particularly as the modes, tools, and products of investment and tradingchange with the times. Meanwhile, liars, grifters, and cheaters have always posed a problem; stock markets simply provide them a more sheltered, organised venue in which to ply their trade. But that’s no indictment of stock markets and honest practice; rather, it’s a call to regulators and enforcement officers, and an appeal to the measures of esteem and self-control by which any participant is willing to conduct themselves – and by ‘any’, of course, I mean ‘every’. In another context, I might well agree that some hedge fund is managed by a$$holes who deserve their come-uppance. However, the concern remains about Gamestop being taken up and used, and this remains whether hedge funds are right or wrong – even Palihapitiya didn’t address this question to my satisfaction.
In a world with no hedge funds or shorts, saving Gamestop rests with Gamestop, full stop. What’s been demonstrated by the redditors as the power of ‘the people united who’ll never be defeated’ is the power of mob mentality. In fact, what actually happened to Gamestop was just as manipulative and false in the ‘save’ direction as being crushed in the ‘zero’ direction, and the ends attempting to justify the means is hypocrisy. That so much support of the r/wallstreetbets trading action doesn’t reflect that Wall is a two-way street suggests to me a position equally destructive for being equally one-way, just coming from another direction. One wonders if this game of chicken is, or ever really was, about Gamestop at all.
Somewhere along the way, this incident made me think that Occupy Wall Street had finally found a concrete objective which, you’ll recall, so few were able to assign ten years ago. I’m fully against the avarice of shorting more stock than exists, especially in the name of “our pensioner clients” and so forth… yet even as I can read that and roll my eyes, the defence of r/wallstreetbets – good intentions and all – is just as misguided. The road to hell with good intentions or, as some redditors have even said to Wall Street, be careful what you wish for.
First of all… throughout this series, I’ve left aside rioters, brutality, and wicked prejudice – these are implicated, and consequential, and obviously current – but they’re also particularly for another discussion. The corollary of free speech is what might be prohibited. In this context, what is prohibited is the act of government censorship, with some qualification reserved for government to negotiate with the speaker, via judicial systems, on such bases as common obscenity, so-called “fighting words” of hatred, malicious defamation of public officials, and more generally the balance in likelihood between the “gravity of the ‘evil’” and whatever “invasion of free speech” might be deemed necessary, say if someone were inciting others toward government overthrow. By definition, free speech is the opposite of sedition. Here I discuss free speech.
In more recent times, when I’ve noted people invoking “free speech,” what I’ve tended to notice more plainly is their apparent desire for the power to control: in a battle draped by free speech, at stake seems not so much free speech per se as who gets to define illegal speech – illegal being relative to what the one ‘side’ believes ought to be legal – as though somebody’s right to speak is tangential to somebody else’s impetuosity to judge.
[NB: throughout, what I’ve been calling a ‘side’ can be populous or solitary. I’ve been presenting ‘side’ in single quotations because it’s also a word loaded with partisan and polar connotations, none of which I mean to suggest – not overtly, at least – besides which, I haven’t really decided on a more suitable word.]
The First Amendment prohibits government (including funded entities, such as public universities) from prohibiting speech on the basis of content. But as First Amendment rulings have contextually narrower scope, is it any wonder that this battle I describe might enjoin its participants? In the battle I describe, for gaining the control to define illegal speech, the fight is for the power to adjust the balance of favour toward what the one ‘side’ deems morally right and away from what another ‘side’ has said or might say that is morally wrong, none of which is quite free speech per se but more about a power of control. This is specifically why I consider the speaker in Part I and why it’s taken three posts further to reach this one.
The battle I detect seems unbecoming of the Supreme Court’s standard by which the principled right to speak ought to supersede the imposition of censorship. The Court favouring an individual’s right over a censor’s power is something akin to the glass half-full, or as Cose puts it of Justice Brandeis’s widely held presumption, “incredibly naïve.” Alternatively, the battle I detect ignores the glass completely – full or empty notwithstanding, weigh those rights and impositions any way you like. The battle I detect prizes something else entirely: predominance, as if the whole notion of freedoms or rights were contingent upon some grander notion that is earned before ever being learned, by which I mean might makes right. For a fact, I know this phrase makes some people squeamish, I gather in the name of all that is civilized – is it all the more surprising that any might see it lived out, seemingly in spite of themselves? As for me, I distinguish subtly but significantly between aspiration and sentimentality, between the world we try to create and the world we would prefer to see. The Land of Should is ideological, a fantasyland. Should we so choose, the only reality it will ever serve up is to host our last battlefield.
In the battle I detect, all of the above is the context in which free speech is brought to market. I don’t know about you, but to me, it’s as though all ‘sides’ have lost sight of what made them sides in the first place, or maybe just no one has ever understood. Are we obliged to lean one direction: to the individual, or to the censor? Does the citizen really leave off somewhere beyond where government begins, or are thems fighting words? The courts may offer “careful weighing of conflicting interests,” but nature eschews a vacuum – and lo & behold, there we are, doing our part, playing our role: just as government of, for, and by the people has no “right to control the moral content of a person’s thoughts,” even so We the People are there, on the streets, to battle it out. Democracy in action… QED?
As I said earlier, it’s been known to happen. I also said earlier, all this can be said of any given ‘side’ – yet, then again, can it? Surely “all this being said” includes me, here and now, writing this blog post… QED? Is there a context in which some ‘side’ might justifiably be censored, and silenced? I mean a context somewhere in between, say, protest and sedition, demonstration and insurrection, somewhere in between conscientious objectors and ignorant rioters, in between sincere agency and prevaricating lickspittle… if we can so definitively know who’s who in the extremes I’ve just listed, and I’ll bet you have your favourites, then surely there’s a line censors may rightly or even righteously draw.
Of course, it depends on whom you ask, which is not irony but debate, which is not battle – if they meant the same thing, we’d use the same word. As for me, since you’ve read this far, I think we gather best as a collective group of individuals when we are a collective group of individuals – and if that seems obvious, still, we continue to battle as well as debate. And where we may debate over free speech, more precisely, it seems to me, we battle for free speech. We battle for control and make free speech the slogan. We uphold free speech as a virtue, yet it’s a child in a divorce, to whom the parents owe not just their primary respect and concern but their efforts and their behaviour and their decisions and real consequences. Not their irreconcilable differences.
I suppose, if we are to battle (vs debate), we’d be wise to distinguish with the sharpest clarity a ‘combatant’ (from a ‘disputant’): after all, words matter.
Free speech is subject to prohibition of those abuses of expression which a civilized society may forbid. As in the case of every other provision of the Constitution that is not crystallized by the nature of its technical concepts, the fact that the First Amendment is not self-defining and self-enforcing neither impairs its usefulness nor compels its paralysis as a living instrument.
Or have I just seen too much within this of myself? Have I left off well past the point where others begin? Do I impose or intrude? Unlike me, Cose describes not specifically a battle but tension: “… we’ve always had this tension between the right to absolute speech and the right to speech that somebody or other considers dangerous or harmful.” Even so, I detect in his words what I’ve just distinguished, i.e. absolute combatants versus searching disputants. The Supreme Court, unlike Cose or me, discusses free speech more respectfully still, as neither battle nor tension, in a ruling that I think, to be fair, is more instructive than incredibly naïve:
“For social development of trial and error, the fullest possible opportunity for the free play of the human mind is an indispensable prerequisite. The history of civilization is in considerable measure the displacement of error which once held sway as official truth by beliefs which in turn have yielded to other truths. Therefore, the liberty of man to search for truth ought not to be fettered, no matter what orthodoxies he may challenge. Liberty of thought soon shrivels without freedom of expression. Nor can truth be pursued in an atmosphere hostile to the endeavor or under dangers which are hazarded only by heroes.”
For my part, I’m no hero although – as with anyone who says this – context may decide otherwise. How about, I don’t want to be a hero. Whatever… if we live in a world where these words of Justice Frankfurter remain only words, what hero could save us anyway? Words matter. They’re as symbolic as every statue and every sculpture in which we’ve imbued our values and our histories, and history. You’ll note this is an observation about statues and sculptures, not a judgment about this statue or that sculpture. The reason I make this distinct is not to poke or agitate but, rather, to set up the following: a statue, a sculpture, a court ruling – any symbol – can manifest beyond elevated words. They can disseminate and dilute their way into biased hearts and minds if-and-when two things happen: the speaker of those words understands who’s listening, and the audience of hearts-and-minds knows how to incorporate them. At that point, we may actually see them become lived-out realities, and now we might argue that the symbol matters. Even so, I will argue that the speakers and the listeners, the thinkers and the doers, matter even more.
Ideologies are the assumptive roots of our division, and what’s to stop any one from gaining acceptance besides the overwhelming weight of conformity – the rule of law comes to mind, if might making right is not your thing. Symbols that represent values – yours, mine, anybody’s – may need explanatory context since they’ve arisen out of specific histories, but as censorship is an absolute, that sure rules out the audience. Does that make censorship destined only for battle, or can the outcomes of censorship be reached some other way? When disputants do become combatants, how is it determined that any were justified, not just petulant? Who even gets to say? Come now, don’t be naïve… as in any battle, to the winner go the spoils. Is that not frequently the motive to fight, or not always?
As for me, where I presently enjoy some measure of free speech, I seek no control over others, which maybe means I take no side in the battle… can that be possible? If yes, is it also palatable? I’m almost certain some will feel such a stance shirks responsibility. Could I be so certain unless I felt a tad guilty about it, myself? So am I this mere spectator? I claim to be no hero; I’m also no soldier, so… a diplomat? I’m trying not to be a recluse, so I’ve just laid out an argument of disinterest as amounting to uninterest?
I’ve been trying to comprehend and advocate for free speech insofar as its permissibility respects an audience to listen and think and decide on their own. In light of what I’ve been considering about speaker and audience, I’m almost prompted to recalling E. B. Hall’s overused summary of Voltaire: “I disapprove of what you say, but I will defend to the death your right to say it.” (What Hall meant has been the subject of discussion, but the gist isn’t lost in translation.)
As the ABA sees it, “… confused origins aside, this poetic pledge provides no guidance about how to defend what some would call the indefensible.” Debate “no guidance” as you will, but note, in critiquing Hall, they also qualify what “some” would call the indefensible; okay, indefensible to some, and how about to anyone else… see you on the battlefield, then? With due respect to Hall and Voltaire: I think no one needs to die. As for the ABA, they further suggest, “in a system in which debate on public issues is supposed to be uninhibited, robust, and wide open, there must be protection for the freedom to offend.” Bring it on then. Battle royale, although I’m pretty sure no one ever accused the ABA of defending extremism – that seems the lot of the ACLU.
Where ‘extreme’ might describe some sole belief, yet a remark about ‘extremist-them’ can only arise from a smidgen of self-awareness, so of its usage we may ask: is it diagnostic or defensive, analytic or strategic, cognizant or subconscious? Not so much why say or why call someone “extreme” but, rather, by what measure? How distantly do they pick up from where it is you left off? Meanwhile, ‘polarised’ must only mean more than one belief. Regardless, either ‘extreme’ or ‘polarised’, we are left recently with zero doubt as to the hazards wrought by both.
Moreover, accurate or not, calling a belief “extreme” leaves open the caller as being perceived to be the ‘other’ side of polarisation, if only in the eyes of the called. How distantly do they plotyou, by their reckoning, as picking up from where they left off? As I put it in Part II: what might be the “immediate overwhelming interest which appeals to the feelings and distorts the judgment” of some other person’s perspective – furthermore, I now add, by whose judgment is “distortion” even understood? Who gets to say? Rather than wholeheartedly agreeing, from your current perspective, that the prescription to get up and move is great antidote for others, consider that it may just as well be directed at you as directed by you. Rightly or wrongly directed won’t even matter: there’s battle there to be engaged and, if chosen – by either side or both – then best categorically and decisively won.
Unless… we can still choose civility: added patience to listen, greater tolerance to withstand, plainer wisdom to reflect – reflect upon others, yes, but reflect upon ourselves: reflect upon where we’ve left off, yet maybe, more importantly, upon where we might pick back up? That’s again back to Part II… getting up and moving, yourself; being humble, not humbled.
Humility, self-awareness, tolerance, respect – how about courage, and integrity, and doing what we say: concepts are words, and words must be lived if they’re to have meaning. A denotation is found in the dictionary, but connotation lives. Concepts must be lived, or how else do we disentangle all the strands in the web of freedom? Even more fundamentally: who is “we”? If I brought some nachos, could you bring some board games?
Free speech has to do with nuance and discernment, with speaker, and speech, and audience. Listeners as well as speakers must clear some space for each other, even when they disagree – in fact, probably then most of all. That’s my advice and my aspiration, and this blog and its posts their symbol, a call to action even as they’re part of my act.
I opened this short series on free speech by considering bias – not good, not bad, just something we have. And though I’ve undoubtedly left some tell-tale clues, if anyone reading these posts still can’t quite weigh my politics or decide which ‘side’ I fall… I’ve tried to write down the middle and not for an audience who pumps a fist in agreement, or in rage. I’ve sought to perplex and bemuse and disturb the shit, for all. In fluctuating ratio I’ve tried to summon and stir all three appeals, toward some desired effect: I’ve tried to write for an audience who will read and wonder, and reflect, and want to chat some more – nothing else seemed right than to leave some space for you.
I daresay this series on free speech has likely provoked some out there to characterise me. And thus, as writers are commonly taught, I come full circle to the comfort I find in the statement I featured by Ellis Cose.