This fall, the issue of free speech will once more engage our community in powerful and complex ways. Events in Charlottesville, with their racism, bigotry, violence and mayhem, make the issue of free speech even more tense. The law is very clear; public institutions like UC Berkeley must permit speakers invited in accordance with campus policies to speak, without discrimination in regard to point of view. The United States has the strongest free speech protections of any liberal democracy; the First Amendment protects even speech that most of us would find hateful, abhorrent and odious, and the courts have consistently upheld these protections.
But the most powerful argument for free speech is not one of legal constraint — that we’re required to allow it — but of value. The public expression of many sharply divergent points of view is fundamental both to our democracy and to our mission as a university. The philosophical justification underlying free speech, most powerfully articulated by John Stuart Mill in his book, On Liberty, rests on two basic assumptions. The first is that truth is of such power that it will always ultimately prevail; any abridgement of argument therefore compromises the opportunity of exchanging error for truth. The second is an extreme skepticism about the right of any authority to determine which opinions are noxious or abhorrent. Once you embark on the path to censorship, you make your own speech vulnerable to it. . . .