No, conservatives shouldn’t try to punish radical professors for offensive speech

We’re reaching a disturbing point in American discourse where increasingly both sides of the national debate (it’s not the Left that’s driving the firestorm against Jarrar) are looking for ways to justify and rationalize censorship and suppression of offensive views. If the censorship comes through a public employer or government entity, then the Twitterati transforms into a squad of hapless law students, hunting through the results of hasty Google searches to find just the right exceptions to the relevant First Amendment jurisprudence — exceptions that allow for the infamous phrase, “I believe in free speech, but . . .”

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If the suppression comes through private employers, then it’s easier to justify. From the left — “Sure, The Atlantic can fire a conservative.” From the right — “Get those damn football players off their knees.” Both sides eagerly obliterate the culture of free speech in the quest to cleanse the marketplace of ideas we don’t like.

But culture drives law, and law drives culture. Every time that we refuse to tolerate offensive expression, we incentivize the culture of crocodile tears. We motivate government officials to expand state power over speech until the silencing exceptions swallow the free-speech rule. California’s recent efforts to compel crisis-pregnancy centers to advertise for free or low-cost abortions represents what happens when the people, to borrow my friend Greg Lukianoff’s excellent phrase, “unlearn liberty.” Periodic conservative efforts to expel radical professors from the academy demonstrate the pernicious effects of a “fight fire with fire” mentality. In both cases, a culture of coercion triumphs and liberty loses.

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