The Future of Free Speech in a Polarized World: An Interview with Jacob Mchangama
In an interview with **Jillian York**, **Jacob Mchangama**, founder of The Future of Free Speech, discusses the global decline of free speech and the challenges in maintaining it in an era of polarization and digital control. Mchangama highlights the tendency to take free speech for granted while focusing on its perceived harms, especially in the context of online discourse.
<div><article role="article"><div><p><b>Interviewer: <a href="https://www.eff.org/about/staff/jillian-york">Jillian York</a></b></p><p><i>Jacob Mchangama is a Danish lawyer, human rights advocate, and public commentator. He is the Founder and Executive Director of The Future of Free Speech, a nonpartisan think tank located at Vanderbilt University. His new book with Jeff Kosseff, The Future of Free Speech: Reversing the Global Decline of Democracy's Most Essential Freedom, comes out on April 7th.</i></p><p><b>Jillian York: </b><span>Welcome, Jacob. I'm just going to kick off with a question that I ask everyone, which is: what does free speech mean to you?</span></p><p><b>Jacob Mchangama: </b><span>I like to use the definition that Spinoza, the famous Dutch renegade philosopher, used. He said something along the lines, and I'm paraphrasing here, that free speech is the right of everyone to think what they want and say what they think, or the freedom to think what they want and say what they think. I think that's a pretty neat definition, even though it may not be fully exhaustive from sort of a legal perspective, I like that. </span></p><p><b>JY: </b><span>Excellent. I really like that. I'd like to know what personally shaped your views and also what brought you to doing this work for a living. </span></p><p><b>JM: </b><span>I was born in Copenhagen, Denmark, which is a very liberal, progressive, secular country. And for most of my youth and sort of young adulthood, I did not think much about free speech. It was like breathing the air. It was essentially a value that had already been won. This was up until sort of the mid-naughties. I think everyone was sort of surfing the wave of optimism about freedom and democracy at that time. </span></p><p><span>And then Denmark became sort of the epicenter of a global battle of values over religion, the relationship between free speech and religion with the whole </span><a href="https://en.wikipedia.org/wiki/Jyllands-Posten_Muhammad_cartoons_controversy"><span>cartoon affair</span></a><span>. And that's really what I think made me think deep and hard about that, that suddenly people were willing to respond to cartoonists using crayons with AK-47s and killings, but also that a lot of people within Denmark suddenly said, βWell, maybe free speech doesn't include the right to offend, and maybe you're punching down on a vulnerable minority,β which I found to be quite an unpersuasive argument for restricting free speech. </span></p><p><span>But what's also interesting was that you saw sort of how positions on free speech shifted. So initially, people on the left were quite apprehensive about free speech because they perceived it to be about an attack on minorities, in this case, Muslim immigrants in Denmark. Then the center right government came into power in Denmark, and then the narrative quickly became, well, we need to restrict certain rights of hate preachers and others in order to defend freedom and democracy. And then suddenly, people on the right who had been free speech absolutists during the cartoon affair were willing to compromise on it, and people on the left who had been sort of, well, βmaybe free speech has been taken too farβ were suddenly adamant that this was going way too far, and unfortunately, that is very much with us to this day. It's difficult to find a principled, consistent constituency for free speech. </span></p><p><b>JY: </b><span>That's a great way of putting it. I feel like, with obvious differences from country to country, it feels like that kind of polarization is true everywhere, including the bit about flipping sides. I guess my next question, then, is: what do you feel like most people get wrong about free speech?</span></p><p><b>JM: </b><span>I think there's a tendencyβand I'm talking especially in the West, in the traditional free and open democraciesβI think there's a huge tendency to take all the benefits of free speech for granted and focus myopically on the harms, real and perceived, of speech. I mean, just the fact that you and I can sit here, you know, I don't know where you are in the world, but you and I can have a direct, live, uncensored conversationβ¦that is something that you know was unimaginable not that long ago, and we just take that for granted. We take it for granted that we can have access to all the information in the world that would previously have required someone to spend years in libraries, traveling the world, finding rare manuscripts.</span></p><p><span>We take it for granted, but this is the difference between us and say dissidents in Iran or Russia or Venezuela. We take it for granted that we can go online and vent against our governments and say things, and we can also vent things on social issues that might be deeply offensive to other people, but generally we don't face the risk of being imprisoned or tortured. But that's just not the case in many other countries. </span></p><p><span>So, I think those benefits, and also, I would say, when you look at the historical angle, every persecuted or discriminated against group that has sought and achieved a higher degree of equal dignity, equal protection under the law, has relied on speech. First they relied on speech, then they could rely on free speech at some point, but initially they didn't have free speech right? So whether it's abolitionist the civil rights movement in the United States, you know my good friend </span><a href="https://en.wikipedia.org/wiki/Jonathan_Rauch"><span>Jonathan Rauch</span></a><span>, who was sort of at the forefront of of securing same sex marriage in the United States, knows that was a fight that very much relied on speech. And women's rightsβ¦fierce women, who would protest outside the White House and burn in effigy figures of the President, would go to prison. Women didn't have political power. They didn't have guns. They didn't have economic power, they had speech, and that's what you need, to petition the government, to shine a light on abuse, to rally other allies and so on. And I think unfortunately, we've unlearned those hugely important precedents for why we have free speech today. </span></p><p><b>JY: </b><span>Iβm definitely going to come back to that. But first I want to ask you about the new book you have coming out with Jeff Kosseff, </span><a href="https://press.jhu.edu/books/title/53896/future-free-speech?srsltid=AfmBOoqg3WFiWtd4wGz_40NZ4W6azKFAtb9mT_Cwkv6AxcyfgRN03ax1"><i><span>The Future of Free Speech: Reversing the Global Decline of Democracy's Most Essential Freedom</span></i></a><i><span>.</span></i><span> I'm very excited, Iβve pre-ordered it. </span></p><p><span>So, in light of that, Iβve got a two part question: First, what are some of the trends that concern you the most about whatβs going on today? And then, what do you think we need to do to ensure that there </span><i><span>is</span></i><span> a future for free speech?</span></p><p><b>JM: </b><span>So first of all, I was thrilled to be able to write it with Jeff, because Jeff is such an authority on First Amendment section 230 issues. But from the personal perspective, you could say that this book sort of continues where </span><a href="https://basicbooks.uk/titles/jacob-mchangama/free-speech/9781529382228"><span>my previous book</span></a><span> on the history of free speech finishes.</span></p><p><span>And so, based on the idea that we are living through a free speech recession that has become particularly acute in this digital age, where we see what I term as various waves of elite panic that lead to attempts to impose sort of top down controls on online speech in particularβand this is not only in the countries where you'd expect it, like China and Russia and Iran, but increasingly also in open democracies that used to be the heartland of free speechβthere's a tendency, I think, in democracies, to view free speech no longer as sort of a competitive advantage against authoritarian states, or a right that would undermine authoritarians, but as sort of a Trojan horse which allows the enemies of democracies, both at home and abroad, to weaponize free speech against democracy, and so that's why the overwhelming</span></p><p><span>legislative initiatives and framing of free speech is often βthis is a danger.β This is something we need to do something about. We need to do something about disinformation. We need to do something about hate speech. We need to do something about extremism. We need to do something about, you know, we need to have child safety laws. We need age verification. And you know, you know the list all too well. </span></p><p><b>JY: </b><span>I do, absolutely.</span></p><p><b>JM: </b><span>Where I think where free speech advocates often fall short, is that we're very good at sort of talking about the slippery slope and John Stuart Mill and all these things, and that's important, but very often we don't have compelling proposals to sell to people who are not sort of civil libertarians at heart, and who are generally in favor of free speech, but who are frightened about particular developments at particular manifestations of speech that they think have become so dangerous to you know, freedom, democracy, whatever interest that they're willing to compromise free speech. </span></p><p><span>And so we try to point to some concrete examples ofβgiving life to the old clichΓ©βfighting bad speech with better speech. So some of those examples are counter speech. There are some great examples. One of them is from Brazil, where there was a black weather woman who was the first black weather woman to be sort of on a prominent TV channel, and she was met with brutal racism. So, you know, what should have been a happy moment for her became quite devastating. And so there was this NGO that printed billboards of these very nasty racist comments, b</p></div></article></div>