What now? With the election behind us, here are five ways forward

The morning of the presidential election, I tweeted that whatever happens in the coming days and weeks, one thing is certain: All our work will still be ahead of us. Our constant culture-warring is unsustainable, and our inability or unwillingness to communicate will end us. Whether you’re reeling or rejoicing over the results, the critical question before us remains: “What now?”

What the First Amendment Is For

Why do we have a First Amendment? This isn’t a facetious question. In fact, it gets at the core of so many arguments surrounding originalist approaches to First Amendment jurisprudence, and why arguments that rigidly appeal to the text and history are often cherry-picked or incomplete. In most cases it would be more productive to ask ourselves, “Why did Madison and his compatriots write ‘Congress shall make no law …’ to begin with?”

Misinformation: A Flawed Concept

“Believe those who seek the truth,” André Gide once wrote, “doubt those who find it.” The same can be said of falsehoods. Few topics are the subject of more debate than misinformation—what it is, how to identify it, and what we should do about it—but all the arguments in favour of legislating against it threaten not only our individual freedoms, but our capacity to live meaningful lives. Recent legal proposals— including Australia’s digital safety bill and multiple acts of legislation throughout the United States—bear this out.

‘Super/Man' is an Honest Homage to a Real-Life Hero | Review

Bring tissues. That was top of mind as my wife and I entered Regal Cinemas to watch an early screening of Super/Man: The Christopher Reeve Story on September 25 — which would have been Reeve’s 72nd birthday. That date made the event all the more significant, but it would have been special to us regardless. Everyone there was old enough to have grown up with Reeve as their Superman, and it was immediately apparent that it was going to be an emotional experience.

Yes, when it comes to using violence to stop speech, even 'rarely' is too much.

As part of our research every year, we ask students, “How acceptable would you say it is for students to engage in the following actions to protest a campus speaker?” with possible responses being “never,” “rarely,” “sometimes,” and “always.” This year, nearly one-third (32%) said that using violence to stop a campus speech is at least “rarely” acceptable — up from 27% last year and 20% in 2022.

John Stuart Mill’s enduring arguments for free speech

If you could trace every pro-free speech argument you’ve ever heard back to John Stuart Mill, it’d be no surprise. The British philosopher’s 1859 essay “On Liberty” remains one of the most concise and comprehensive defenses of individual freedom ever written. In its second chapter, “Of the Liberty of Thought and Discussion,” Mill laid out extensive appeals for free speech, free inquiry, and open discourse that are still quoted by lawyers, teachers, journalists, and free speech advocacy organizations like FIRE to this day.

Dropping DEI statements is a great start, but ideological litmus tests are the real issue

It’s been a very interesting couple of weeks for free speech and academic freedom on campus. On May 28, Harvard University officially announced that it “won’t issue statements on hot-button social and political issues” — in other words, adopting the principles of institutional neutrality as described in the University of Chicago’s Kalven Report.

In big win for campus free speech, Harvard won’t issue statements on hot-button social and political issues

In a refreshing turn of events, Harvard University officially announced on Tuesday that neither the school nor its leaders will “issue official statements about public matters that do not directly affect the university’s core function.”

DEI in higher ed: When it’s constitutional and when it’s not

Regardless of where you stand on “diversity, equity, and inclusion,” or DEI, on college campuses, it’s clear that it’s a contentious issue. In recent years, there have been many efforts to either enshrine or eliminate DEI in school admissions, hiring, curricula, and more — and that’s when things can get hairy from a free speech standpoint.

Texas tramples First Amendment rights with police crackdown of pro-Palestinian protests

A group called the Palestinian Solidarity Committee of Austin planned to stage a “Popular University for Gaza” walk-out just before noon on April 24. Their plan, which the committee announced the day before, was to march to the campus’ South Lawn, where teach-ins, study breaks, pizza, and an art workshop would take place along with a talk from a guest speaker. However, at the request of Texas Gov. Greg Abbott and the university, the protestors were met with a phalanx of law enforcement...

What is jawboning? And does it violate the First Amendment?

With a few narrowly defined exceptions, the First Amendment prohibits government officials from censoring the speech of private actors. But of course, that doesn’t stop them from trying — and there are many sneaky, indirect ways for them to do it.

Queens College calls cops over Muslim student group’s Instagram posts

Imagine you’re in a college student group with strong political perspectives. Your group’s social media account publishes satirical posts expressing skepticism of a major news story. This offends and frightens some people, who then report you to your school. As a result, your group is investigated — not just by your school’s office of compliance and diversity, but also by the local police. If you’re thinking this is Orwellian fan fiction, you should be right. Unfortunately, it’s a very real story.

If Berkeley Wants to Protect Free Speech It Will Expel Its Rioters

It’s said that civilization was founded the moment a man flung a word at his enemy instead of a spear. On our most elite college campuses—most recently, the University of California, Berkeley—the plan seems to be to unfound it.

‘CNSRD AF’: PennDot’s weird and inconsistent vanity plate rejections

Fans of Seinfeld may remember the episode where Kramer accidentally receives vanity plates for his car that read “ASSMAN.” He is upset about it at first, but then begins to enjoy the perks — including enthusiastic shout-outs on the street and the ability to park in doctors’ spaces by claiming to be a proctologist. Hilarity, of course, ensues. But none of it would have happened if Kramer lived in Pennsylvania today.

The recent concert cancellations of Jewish rapper Matisyahu reflect a continuing threat to free expression

Jewish reggae and hip-hop artist Matisyahu made headlines last week after two of his upcoming live performances were suddenly canceled — one at the Rialto Theatre in Tucson, Arizona, and the other at Meow Wolf in Santa Fe, New Mexico. The venues cited “safety concerns” and “staff shortages” when they pulled the plug mere hours before the shows were about to begin. But Matisyahu believes his speech was the real reason behind it.

Whether you call it institutional ‘neutrality’ or ‘restraint,’ the Kalven Report is the best way forward

The Kalven Report’s authors believed a university’s values stem directly from its fundamental purpose, which is to foster “the discovery, improvement, and dissemination of knowledge.” Far from conflicting with these values, institutional neutrality is meant to preserve them, and to further the core mission of our colleges and universities.

MLK wasn’t a myth or messiah. He was just a man—and that’s enough

It’s a little known fact that immediately after Martin Luther King Jr. was assassinated, his staff made sure to get rid of his cigarettes and tell his mistress to go home. I don’t bring these sordid details up to vilify or malign King. On the contrary, I do it to revere him in a way his current status as a martyr, myth, and messiah doesn’t allow.

Harvard’s Claudine Gay uses ‘free speech’ as a defense after a history of squelching it

During last week’s House Education Committee hearing on campus antisemitism, college presidents like Harvard’s Claudine Gay used free speech grounds to defend anti-Israel protests on campus. The problem is, Gay’s defense rings hollow when stacked against the university’s reputation.

Canceling the anthropology talk doesn’t stop the talk

The thing about cancellations is that they don’t change minds and they encourage people to only talk to those they already agree with. Whether they’re toward people, ideas, or events, attempts to prevent speech often backfire by amplifying and multiplying conversation on the very topic in question. Take the recent dustup behind the scenes of the American Anthropological Association (AAA) and Canadian Anthropology Society (CASCA) annual meeting.

Tolerating Intolerance: The Free Speech Paradox

The philosopher Karl Popper may be best known for his “paradox of tolerance,” a term that comes from a footnote in his book The Open Society and Its Enemies. The paradox states that a society that tolerates intolerance can eventually succumb to it, and as a result intolerance of intolerance—even resisting it by force—may be necessary for self-preservation.

The Supreme Court Case That Exemplifies Our Culture War Blindness

I stopped reciting the Pledge of Allegiance in 7th grade. By then the practice had begun to seem cultish to me and I wanted nothing to do with it. This deeply upset some of my teachers, who considered it a flagrant affront to our nation. But they couldn’t force me.

Civility Isn’t Weakness—It’s How We Win

A commitment to civility is first and foremost about not becoming what we oppose.

Why (most) lies are protected speech, and why they should stay that way

Even with our current climate of fake news, misinformation, disinformation, and election lies, we shouldn’t use government power to try enforcing the truth.

Know Your Enemies

If only out of pure self-interest, we shouldn’t just be willing to hear the arguments of those with whom we disagree, we should be eager to.

The legacy of Malcolm X should be change, not hatred

Malcolm X is still seen by most as a rancorous, racist, and angry antagonist of the Civil Rights Movement—but he was much more than just that.

Twitter is no free speech haven under Elon Musk

Though many hoped for an online oasis of free expression, Twitter with Elon Musk in charge has been anything but.

Why ‘sensitivity readers’ are bad for free speech, art, and culture

The publishing industry’s increasing appetite for “sensitivity readings” is a troubling development for free expression in the arts and our discourse.

Why New York Times v. Sullivan matters more than ever

The 1964 Supreme Court case was a watershed moment in free speech law. Overturning it would be a disaster for free expression and democratic debate.

Don’t Use the W-Word

Whatever it’s supposed to mean, use of the word “woke” forces individuals into one tribe or another, even when almost all of us have complex beliefs about the underlying societal issues in question.

George Carlin Wasn't on Your Team (Or Theirs)

Carlin wasn’t anti-racist or anti-woke—he was anti-bullshit, and he knew that no political or ideological side had a monopoly on that. As he said himself, “Bullshit is everywhere. Bullshit is rampant.”

Art and the Search for Immortality

Our limited lives give us only a cruel taste of what might be possible if we had unlimited time. None of us are safe from the supposedly most important drawback of immortality—the loneliness and heartbreak of surviving while our loved-ones die—even though we don’t live forever.

Twitter is Not the Town Square

No matter what we think, want, or feel, Twitter is not, has never been, and likely can never be a public square.

I Thought I Was a Skeptic, But I Fooled Myself

Once, when I was home sick from school, I noticed something odd: none of what was on TV was meant for me. The programming was either cartoons for kids under four or talk shows and soap operas for adults way older than me. I wasn’t the target audience for the advertising, which allowed me for the first time to observe things more critically.

DEI can be a good thing, but it often isn't

Years ago, at an old job, I watched as the office assistant delivered a box to the wrong person. There was a brief, awkward exchange before it dawned on him: There were two short, slender Korean women with long black hair and glasses in our office, and he had confused one for the other.

Frederick Douglass didn't hate America, and neither should you

For all the venom in his Fourth of July speech, Frederick Douglass didn’t hate America. He believed in it—so much so that he fought his whole life for his rightful place in it, on the basis of its founding principles.

Representation matters. We need to do it right

When was the first time you saw yourself represented in media? I saw this question going around on Twitter, and as other people’s responses came up on my feed over the next day or so, I started thinking about my own.

No, We Don't Need to Go Back to Church

So much has been said about “wokeness” being a religion that it can fill a book—perhaps several. John McWhorter has written one, and it wouldn’t surprise me if we see more in the next few years.

Twitter Can Be Awful—But Also Glorious. The Choice Is Yours

It's a cliché at this point to talk about how terrible social media is and how terrible we are when we're using social platforms. There's no shortage of articles pointing out the corrosive effects of Twitter and Facebook and Instagram on our discourse, psyches, and relationships.

Conflict Resolution Strategies for the Workplace

It’s often said that you can’t choose your family—and for the vast majority of us, this is true of our co-workers too. We will always find ourselves among colleagues who have different ways of working, collaborating, and communicating, and tensions created by those differences can sometimes affect productivity and morale.

Mistakes are Wrapping Paper | The Benefits of Being Wrong

I love finding out I’m wrong, but I didn’t used to. In school I was that kid who, when he knew the answer, would raise his hand high and wriggle in his seat while ooh-ooh-oohing to get the teacher’s attention. I wanted the validation of being correct. I wanted to be seen as smart by my peers. And when I was rewarded with a “That’s right,” or a “Good job,” I gushed in my seat, edified. I wasn’t always right, though, and when that happened, I suffered the inverse.

Call 'Latinx' What It Is: Lexical Imperialism

I've always found the the term "Latinx" irritating, and a new nationwide poll of Hispanic voters by Politico told me something I already knew: I'm not the only one from my community who does. The poll found that just 2 percent of Hispanics use the term "Latinx" to define themselves, while 40 percent found it offensive.

'The Closer' Isn't About Laughing at Trans People. It's About Laughing at Yourself

Dave Chappelle's Netflix special, "The Closer," has already been picked apart and protested to death thanks to a preponderance of politically incorrect jokes about trans people. But there's something that's been overlooked: the laughter—specifically, the laughter of Daphne Dorman.

Butterflies & Hurricanes | How Small Beliefs Can Be Dangerous

Insofar as they are genuinely believed, everything from the tiniest superstitions to full-fledged religious faiths have one trait in common: a willingness to depart from objective reality when it is convenient. And that can be really dangerous.

Last Leaves

“Hey!” Antony trailed behind his friends. “Wait up!” He had paused to stare at the trees. Wide, yellowed leaves bigger than his palms danced their way to the ground as a late September wind coiled through the branches. Orchard Street was a patchwork of emerald and ochre, a wet mat of autumn left from last night’s rainstorm.

Stop Calling Me 'White' For Having the Wrong Opinions

I call it the One Thought Rule: Disagree with the orthodoxy and your "of color" card gets revoked. Toe the line or your very being will be called into question by the ideological powers that be.

The American Dream is Real. I’m Living Proof

I am the product of the American Dream. There was a time when that notion wasn’t soaked in cynicism and meant something to people. It must have meant something to my father, who left a budding career as an oral surgeon in the Dominican Republic and, rather than start dental school all over again, quickly got a technician’s license here so he could support us.

Stop Telling Critical Race Theory's Critics We Don't Know What It Is

Disregarding concerns over the excesses of critical race theory from one side and dismissals of the useful aspects of it on the other leaves us with two fervent, imprecise, and idiotic sides opposing one another into oblivion.

Science Isn't Biased—We Are

What is science? It is an approach. A methodology. A system. A tool. What it is not is an ideology, and it is certainly not biased.

Superman: Jesus without the Mess

I was ten years old and on the verge of theft. We were at Toys “R” Us, and my brother and I both wanted the same action figure.

How to Improve Your Decision-Making Process, Part 2

Here are three more tips for improving your decision-making process and keeping stress and anxiety at bay.

How to Improve Your Decision-Making Process, Part 1

Our decision-making process is often affected by stress, exhaustion, and fatigue. Here are three tips for keeping your head.

Does Superman Have to be White?

All I’ve ever wanted was to be Superman. Once when I was three years old, my aunt brought my cousin over to visit me, and after giving us both a bath, she styled his hair for him. I watched as a single, Black lock fell over his forehead in the shape of an “S,” just like Superman’s spit curl, and I burned with envy.

Why Calling Merit Racist Erases People of Color

Regardless of what side of success we're on, we are often tacitly—and sometimes explicitly—being told we aren't good enough; that we either need to be carried across the finish line or have the finish line cross us where we stand. That notion alone does far more damage to an already downtrodden people than failing to meet any standard ever could.

How to Star-Man | Arguing from Compassion

To star-man is to not only engage with the most charitable version of your opponent’s argument, but also with the most charitable version of your opponent, by acknowledging their good intentions and your shared desires despite your disagreements. If used properly, star-manning can serve as an inoculant against our venomous discourse and a method for planting disputes on common ground rather than a fault line.

The Virtue of Selfishness

Selflessness—a concern for the welfare of others above our own—isn’t a virtue at all; it’s an illusion. The ethical problem at hand isn’t the pursuit of our own self-interest, it’s that we often stop halfway. In other words, we aren’t selfish enough.

Why Keeping Your Beliefs To Yourself Is Immoral

It’s often repeated in secular circles that people should keep their beliefs to themselves. On its face, it’s an understandable sentiment. Much like moral relativism, however, it is a fundamentally flawed, albeit well-intentioned idea.

Words Don’t Hurt, Ideas Do.

I am often told that, as a writer, I should recognize the power of words. As a crafter of poetry and prose, they tell me, surely I must understand the weight that words have, the beauty they create, and the damage they can cause.

The Orchid and the Moth | Why Scientists are the True Prophets

In 1862, Charles Darwin received a sample of orchids from Madagascar. Among them, he noticed, was a flower with an unusually long nectary, the orchid’s nectar-producing gland.

I’m a Nobody. The Harper’s Letter was for Me.

I’m terrified to write this—and that’s the problem. In the wake of the Harper’s letter, I’ve witnessed flabbergasting displays of casuistry.

Race Bating | Stepping Back from the Edge of Hate

“Your first two words,” I announced, “are I want.” I started the timer and watched as the room full of seventh graders scribbled into their notebooks. It was five minutes for them to free write, but also time for me to get my bearings. I had no idea how any of this would go over.

Go

“Lemuel, te voy a decir una cosa.” My father pauses, guiding his gold Cadillac DeVille up the ramp towards the George Washington Bridge. I shift my legs in the backseat, absorbing the warmth trapped in the car’s beige leather, waiting for him to continue.

We Stand Together

As I approached Astoria Park, I was struck by a wave of incongruities. It was a gorgeous day—the trees lush with leaves, a nascent summer sun beaming from a clear blue sky—but I had to keep it at a distance.

3 Tips for Having Difficult Conversations

We've all been there: someone says something we disagree with, and we suddenly have a decision to make. "Do I speak up, or do I let it go?" For many of us, the latter is the simplest way to keep the peace.

Why Burning the Flag is More American Than Saluting It

If you don’t want politics in sports, then eliminating the flag and national anthem — which are inherently political — should be Step One.

Riding the A

One way or another, everybody needs to get on the A train. I’m leaning against the back wall of the car, in that tiny corner beside the conductor’s compartment, still managing to read despite all the other people crammed in around me.

How Mindfulness Can Help You Through Stressful Times

Whatever our particular situation, these past few months have been a whirlwind for us all. Feelings of uncertainty, stress, and anxiety can easily overwhelm us, and it can be difficult to know what to do to alleviate them.

Drawing

An el train chugged across the tracks, shadows cutting in and out from the sun beaming above it. Cars cruised along the streets of Corona, Queens, as though there was nowhere to go. Storefronts sat like rows of sleepy eyes, their riveted steel lids rising just enough for their doors to open.

Telling to Remember: Gitta Ryle, Holocaust Survivor, Turns Trauma into Teaching

Gitta Ryle was born Brigitta Spindel on April 4th, 1932, in Vienna, Austria. By the time she was 5 years old, Adolf Hitler had risen to power in Germany and moved in to occupy Austria, where the Nazis began registering Jews and enlisting the men to work in labor camps.

Homeward

“Lemuel,” my mother cried out to me. “No puedo ver.” I looked up. Her eyes were shut, her grip was tight around my hand, and she was telling me she couldn’t see.