Andrew Koppelman, writing in the Journal of Free Speech Law, addresses the challenge of defending free speech in an era when many Americans, especially younger adults, support restricting hateful speech. Koppelman draws on the ideas of John Milton, John Stuart Mill, and possibly Aristotle to argue that hearing horrible speech ultimately makes individuals better people.

The article emphasizes the purpose of the First Amendment: "to preserve an uninhibited marketplace of ideas in which truth will ultimately prevail." It highlights that the right to speak and the right to refrain from speaking are both vital components of "individual freedom of mind."

Koppelman warns against what he calls "a social tyranny more formidable than many kinds of political oppression," which, although not enforced by extreme penalties, deeply penetrates life and enslaves the soul. He echoes Milton's 1644 argument that censorship fosters "gross conforming stupidity" and that true purification comes through trial by opposing ideas.

The article also references a law school exam scenario involving hateful language directed at African Americans and women, illustrating the real emotional impact such speech can have, including distress and the need for counseling.

Koppelman concludes by reminding readers that even in times when civil rights struggles seem less dramatic than in the past, there remains a sense of being part of an ongoing "Struggle" for freedom and enlightenment.

Notable Quotes:

  • "It is the purpose of the First Amendment to preserve an uninhibited marketplace of ideas in which truth will ultimately prevail."
  • "The right of citizens to inquire, to hear, to speak, and to use information to reach consensus is a precondition to enlightened self-government and a necessary means to protect it."
  • "The right to speak and the right to refrain from speaking are complementary components of the broader concept of 'individual freedom of mind.'"
  • "A social tyranny more formidable than many kinds of political oppression, since, though not usually upheld by such extreme penalties, it leaves fewer means of escape, penetrating much more deeply into the details of life, and enslaving the soul itself."
  • "Whose whole mental development is cramped and their reason cowed by the fear of heresy."

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