Tuesday, May 16, 2017

Free Speech Against Free Speech





- Hey Rex. Where are you coming from? Are there any events today?
- Could be. I was at the sculpture garden, and do you know what happened?
- What?
- I was sitting, writing, computer on my lap, when I felt something on my arm: a sparrow had landed on me!
- What did you do?
- I flinched, and the sparrow flew away.
- Why did you do that?
- I'm not accustomed to birds being summoned by my words. I'm not Saint Francis. And then, do you know what?
- What?
- The sparrow flew back.
- To your arm?
- Yes.
- Did you shake it off?
- No. It stood still for a few moments, then flew away. You know, I'm going to put you in what I'm writing. I'll bring in the bird somehow.
- Are you using my name?
- Sure.
- You have to change it.
- I'll change it from 'Dolly' to 'Molly'.
- That's too close.
- No matter. Upon reconsideration I don't think I will be making a change. As a committed supporter of our new president you're not deserving of my charity.
- What are you writing about?
- Thought experiments. How about I do one on you? See that old man over there?
- Yes. You know him?
- No. Imagine him coming over here and saying to you, Will you be my friend?
- No, I won't. Why should I?
- Wait, we haven't finished setting up the experiment. This old man goes on to describe himself to you, and not to make a mystery of this, everything he is going to say about himself is true of our new president who you are so attached to. Not true because someone somewhere says it is, but because court documents and videos of him admitting the truth himself prove their truth. So this is what he says:
Please, little old lady who's lived on the street for the past seventeen years, sleeping on church porches and going to lectures at the university for the free food and drink, pretending to be interested: dear little old lady, will you be my friend? May I tell you about myself? I love to brag about how I molest women and get away with it. I cheat people, both rich and poor, in the many contracts I make. I refused to pay immigrant workers from Poland I hired to build my buildings. I refused to pay caterers for my many parties. Courts ordered me to pay these people, and then since I had to I did. I loved defrauding poor people desperately trying to better themselves by buying from me a high priced education, I loved cheating them by claiming I was personally involved when I wasn't, lying that I was offering accredited university education when I was only offering trade school. I love to incite crowds to beat up people who disagree with me, offering to pay their legal expenses if they're arrested for the crimes I ask them to commit. I love to lie, to lie, to lie and lie and lie again, to lie all the time. I lied yesterday when I got the head of the FBI fired who kept investigating me for my illegal business arrangements with Russia, I lied when I told people I got him fired because he had illegally exposed my greatest adversary, though I've been recorded many times praising the man for making that very exposure. I lie careless of consequences or obviousness. I'll say it's sunny when it's raining. Look at me. I twist my face into repulsive grimaces, the hair on my head seems to belong to another species, and both my face and hair have an unnatural orange color. My use of language, vocabulary and grammar, is worse than an average three or four year old child's. In fact what I'm telling you now is far beyond my language abilities, I must be inspired by god. So, Dolly, will you be my friend? I molest, cheat, lie, incite people to violence, can barely speak and am physically repulsive. Will you be my friend, Dolly?
- Don't call me 'Dolly' when you write.
You will be my very good friend, Molly-Dolly? You know, my very good friend, though I molest, cheat, beat up others, I'd never do that to you. You know that could never happen, my dear Dolly.
- Write 'Molly'!
- Can this man be your friend, Dolly-Molly?
- You're just resentful because you're not rich like he is.
- So your answer is, Yes? You do take him for your well-chosen friend?
- Yes. He's unconventional, like me
- You don't care about the sexual assaults and cheating the poor, his incitement to violence and non-stop lies?
- That's just what you say.
- For the thought experiment I ask you to assume that it is all true, as in fact it is. Making that assumption, he'd still be your chosen friend, right? It wouldn't make any difference.
- No, it wouldn't! No one's perfect. All politicians lie.
- They do. But in the same quantity? Are they corrupt to the same extent? Haven't the efforts of other politicians to keep the appearance of good behavior restrained them from the worst possible excesses while in office? Whereas we see in our new president's behavior that absolutely nothing restrains him from the most outrageous, openly dishonest behavior.
- That's your opinion, I have mine.
- For our thought experiment then your answer is, Yes, my dear, I accept your friendship.
- You've told me about Dolly before. I like her. You make fun of her, but I think by some miracle she is enjoying herself in her difficult circumstances. I like your sparrow too. Do you assign it any meaning? A symbol portending your future?
- No.
- Is that because, as you said about narcissists, they make the world their instrument,* you'd be using the incident as tool of interpretation?
- Can't I simply say it was beautiful? 
- I won't stop you. Speaking of thought experiments: Do you know 'The Trolley'? A trolley car is out of control, rushing towards five people tied to the tracks. You have in your hand a lever to shift the trolley to another track where only one person is tied. What would you do?
- What would you do?
- Last night I saw an Australian / Indonesian movie** built around the experiment. A teacher asks his students to select those few they'd take with them into a bomb shelter before a nuclear attack and those they'd leave behind there was no room for. In the course of the movie they make the selection several times, and we watch dramatizations of how the chosen make out in the bomb shelter.
- And how do they make out?
- The first groups, selected to have the most useful skills, not well: they all die. In the last selection the choice is made to include, not the most useful, but the best, the most sympathetic. Even if they have, with little practical skills, little chance of surviving, their time will be spent trying to live the best lives human beings can. Is that what you mean by non-instrumental?
- It is. The Trolley experiment leads participants into accepting the 'bad means to good end' argument: accepting use of present bad means for the sake of an expected future good. It's a variety of the 'the lesser evil'*** argument.
- Choosing a bad means to a good end is less evil that doing nothing and getting the worse end?
- Yes. The argument has big problems: we can't accurately account for consequences; we can't know if choosing the lesser evil will become a habit of bad action, a corrupting model followed by others and oneself; even if good results are foreseen, we don't know if bad results will not soon follow; we don't know how far ahead we have to look, which factors are most important to be taken account of.
- But the simplified situation of the experiment evades those challenges. We know nothing of the past or future of the world of trolley cars, nothing of your character as decision maker or of the character of the six people in the experiment.
- It does. But don't you see?
- The lack of characterization forces upon the participant instrumental thinking, thinking that doesn't respect individuality.
- Yes. I for one do all I can to avoid making a world for myself like that of the trolley experiment. I keep a distance from people I don't care about, who don't know me and I don't know, no matter how useful they might be. I choose to live with those I do know and care about, no matter how great the danger they might represent.
- Even if the people you know and care about are making you their instrument?
- Sometimes even then.
- But what about the Trolley experiment: what would you do?
- What you said was done at the end of the movie. You tell yourself the world you live in is filled with known and unknown, liked and disliked. You make decisions to make your world more known and more likable, make yourself more known and likable, which is another way of saying you aim with your decisions to make yourself and others happy. You never will be in a situation where you know and like nothing about yourself and others. Finding yourself in such a world is proof you have given up on ethical life, you have made your choices on the basis of quantitative predictions of what will make you more wealthy, secure, more powerful.
- When the world you have to decide in is the world of the trolley experiment, you have already left the world of morality, consequently the experiment, not allowing a moral choice, has no relevance to moral decision making?
- Yes. Last night, maybe while you were watching your Australian movie, I watched a video of 'The Battle For Berkeley'.**** Have you heard about it?
- The riots when Trump supporters came to U.C. Berkeley and tried to speak?
- Yes. In the tradition of Neo-Nazies marching in a Jewish neighborhood of New York, conservative speakers scheduled lectures in this place of student protest. Massive resistance from students and others forced cancellation. The conservatives complained, Didn't they too have a right to free speech? No they didn't, not there, answers Sunsara Taylor, veteran of the civil rights movement, co-founder of the "Refuse Fascism"***** organization. Can you guess her argument?
- As the trolley experiment fails to have moral application because it blanks out all individual characteristics of the people involved, so does an absolute application of any rule or law. Laws are only approximations. Unforeseen circumstances arise. More than one law or rule may apply in the same situation, leading to different resolutions. For example, the law does not allow us for the fun of it to cry 'fire!' in a crowded theater, with people trampled to death in the resulting panic. How'd I do?
- You're right on track. She says the right to free speech has never been absolute. She very properly observes that there is also a common law right of self-defense involved. What the conservatives propose, the substance of their speech, is a real danger to the people. Should you let someone come close to you who is already shouting far and wide you have no right to exist? Should you let him try to convince your neighbors or even your family to kill you? The rule of free speech, when free speech has already been widely exercised elsewhere, has no force when weighed against the imperative need for self defense. The application of common law right to self-defense may create a disruption of ordinary rules, demonstrations may disrupt free flow of traffic in a city center, but that too must be accepted by the same argument that in any particular situation different rules carry different weights.
- But how can we be sure we are not manipulating the argument for self-defense, claiming views are dangerous when they are not? Can't the conservatives claim liberal views are a danger to the their people? In fact aren't they now doing exactly this when they and our new president call the press the enemy of the people?
- We rely on our ability to define clearly what is dangerous.
- How? Not every situation is as obvious as shouting 'fire' in a crowded theater.
- In the case of the conservatives trying to speak in Berkeley we rely on our ability to define and identify fascism. Fascism, a ritual movement of a crowd, openly exhibits its ritual origins: it is both violent and convention bound. It is violent in its formation of the crowd identity, attacking outsiders who endanger the people, secretly infiltrating within; and rule bound and conventional, demanding mindless observance of the laws and mores that keep the crowd thus formed together. The same president who with fierce vulgarity incites his crowd to violence, calling on all to smash protesters in the face, this president says in justification, suddenly shy and afraid of open words, that the protesters 'made this gesture, you know, this rude thing, with a finger...' This same president who for fifty years has been breaking laws, promises, contracts, who's been continually cheating, assaulting, defrauding, wants to strictly enforce on others existing and new laws.
- Instead of defining Fascism as a form of government, or a psychology, you say it has a distinctive signature in its relation to violence: in the same person, at different times, violence together with strict obedience to rules.
- Yes. It is violence that creates and defines the crowd, conformity that unifies it. 
- Maybe we could say that the trolley experiment forces the decision maker into participation in a crowd: the five to be saved are the un-individualized participants in a ritual of exclusion, the one to be sacrificed is the strange and unknown foreigner.

Further Reading:
Bird Song & Machine Talk
A Study Of The Influence Of Custom On The Moral Judgement
_______________________
The Narcissist
** After The Dark / The Philosophers, 2013
*** Lesser Evil Voting
**** The Battle For Berkeley
***** Refuse Fascism