The Decline of Free Speech in the United States

HARM AND HEGEMONY: THE DECLINE OF FREE SPEECH IN THE UNITED STATES JONATHAN TURLEY1 INTRODUCTION Throughout its history, the United States has struggled with movements that aim to silence others through state or private action. These periods have been pendulous, with acute suppression followed by relative tolerance for free speech. This boom–or-bust pattern for free speech may well continue. However, the United States is arguably living through one of its most serious anti-free speech periods, and there are signs that the current period could result in lasting damage for free speech due to a rising orthodoxy and intolerance on our campuses and in our public debate. Where fighting for freedom of speech was once a near-universal rallying cry, opposing free speech has now become an article of faith for some in our society. This has led to a rising movement that justifies silencing opposing views, often on the grounds that stopping others from speaking is, in fact, an exercise in free speech. This movement has both public and private components, but it is different from any prior period due to new technological, political, and economic pressures on the exercise of free speech. The struggle for free speech in the United States is interwoven with our history, from the colonial period to the present day. From the outset, there was a clear concept of free speech, but not a clear 1. J.B. and Maurice C. Shapiro Chair of Public Interest Law, The George Washington University. (c) 2022, Jonathan Turley. All rights reserved.