Civil liberties expert visits Thomas Jefferson Independent Day School

Feb. 12—Civil liberties expert Nadine Strossen emphasized the role of education in protecting free speech during a visit Monday to Thomas Jefferson Independent Day School.

She returned to the school as part of the Steven McCollum Distinguished Speakers Series. During the forum open to the public, she noted it's the only school where she's made a return visit, expressing admiration for the school's mission and its dedication to free speech and academic freedom.

Strossen served as president for the American Civil Liberties Union for 17 years and was its first female president. She is the John Marshall Harlan II Professor of Law Emerita at New York Law School and a senior fellow with the Foundation for Individual Rights and Education. She's also the author of several books and host of a three-part documentary on PBS, "Free to Speak."

In a conversation moderated by Jeff Park, Thomas Jefferson's president, Strossen talked about why she's made free speech her life's work.

"Freedom of speech is absolutely the essential bedrock for all other rights," she said. "If we do not have freedom of inquiry, freedom of thought, freedom of debate and discussion, then we are never going to be able to promote any other right or any other cause."

Strossen said that as freedom of speech comes under attack from both sides of the political and ideological spectrum, the best way to support free speech is by understanding more about it.

"The more people know what free speech principles are, the more they understand about the history that gave rise to them and what the adverse impacts are of censorship, even censorship that is well intended to promote really important goals, like countering hatred," Strossen said.

Equality and free speech are mutually interdependent, she said. If speech constitutes targeted harassment and if that harassment is discriminating on the basis of something like race or gender, then it can be punished. Also, false or misleading speech, like defamation, fraud and perjury, can be punished under this principle.

But, Strossen continued, people must be careful in this regulation. If speech conveys, rather than harassment, an idea that some people may see as discriminatory, it should be protected.

It may not be pleasant, but allowing the government to target ideas does more harm than good, she said. In the same manner, disinformation laws can be used by governments to suppress views or punish the press.

"One person's hate speech is somebody else's loving speech," Strossen said. "One person's disinformation, or fake news, is somebody else's cherished truth."

Commitment to education about free speech, especially for younger people, is why Strossen said she made the return visit to Thomas Jefferson. In addition to Monday's talk, she will meet with Thomas Jefferson High School students for a forum Tuesday.

She said there's a need to instill in students the habits of open inquiry, entertaining different perspectives and being willing to listen to different viewpoints.

"Young people are the future leaders of our democracy," Strossen said. "We have to instill in them an understanding and respect for free speech."

Strossen said there has been a perception that college students are coming to campus and being indoctrinated by professors. Rather, studies have indicated students have been coming into universities already wanting to be shielded by ideas that make them uncomfortable, she said.

"To me, that's a problem," Strossen said. "It's important ... starting at the youngest possible age to instill enthusiasm about the benefits of free speech. The Supreme Court has said our schools are the nursery of democracy."

In the conversation, Parks brought up the recent congressional hearings with the CEOs of several social media companies over government regulation.

Strossen replied that every time a new communications medium has come along in history, the same arguments that people now hear about social media have followed, all the way back to the printing press.

She said studies have shown there's a relatively small portion of the vast communications on social media of disinformation; disinformation on social media is a serious problem, but the solution isn't regulation.

"The answer is massive education in media and information literacy," Strossen said. "A number of states have now required these kinds of courses, starting at K-12. The only answer is to help us to be able to sort the truth from the false, to do fact-checking, to determine credible sources."