9:59:59.000,9:59:59.000
What if you own a hotel,

9:59:59.000,9:59:59.000
and one of the key principles[br]in your mission statement

9:59:59.000,9:59:59.000
is a commitment to treat[br]all employees and customers equally,

9:59:59.000,9:59:59.000
including on the basis[br]of gender and religion?

9:59:59.000,9:59:59.000
And then a large group[br]books an event at your space,

9:59:59.000,9:59:59.000
and when you look at the booking,

9:59:59.000,9:59:59.000
you realize that it's a religious group,

9:59:59.000,9:59:59.000
and one of their key principles

9:59:59.000,9:59:59.000
is that women should never leave the home

9:59:59.000,9:59:59.000
and should have no opportunities[br]for professional development

9:59:59.000,9:59:59.000
outside of it?

9:59:59.000,9:59:59.000
What do you do?

9:59:59.000,9:59:59.000
Do you host the event

9:59:59.000,9:59:59.000
and get criticized by some,

9:59:59.000,9:59:59.000
or refuse and get criticized by others?

9:59:59.000,9:59:59.000
In my work, I counsel organizations[br]on how to create rules

9:59:59.000,9:59:59.000
to navigate ideological disagreement[br]and controversial speech,

9:59:59.000,9:59:59.000
and I defend my clients,

9:59:59.000,9:59:59.000
whether in court or from the government[br]when their actions are challenged.

9:59:59.000,9:59:59.000
The structures I recommend[br]recognize the real harms

9:59:59.000,9:59:59.000
that can come from[br]certain types of speech,

9:59:59.000,9:59:59.000
but at the same time seek to promote[br]dialogue rather than shut it down.

9:59:59.000,9:59:59.000
The reason is that we need disagreement.

9:59:59.000,9:59:59.000
Creativity and human progress

9:59:59.000,9:59:59.000
depend on it.

9:59:59.000,9:59:59.000
While it may be often easier

9:59:59.000,9:59:59.000
to speak with someone who agrees[br]with everything you say,

9:59:59.000,9:59:59.000
it's more enlightening[br]and oftentimes more satisfying

9:59:59.000,9:59:59.000
to speak with someone who doesn't.

9:59:59.000,9:59:59.000
But disagreement and discord[br]can have real and meaningful costs.

9:59:59.000,9:59:59.000
Disagreement, particularly[br]in the form of hateful speech,

9:59:59.000,9:59:59.000
can lead to deep and lasting wounds[br]and sometimes result in violence.

9:59:59.000,9:59:59.000
And in a world in which polarization[br]and innovation are increasing

9:59:59.000,9:59:59.000
at seemingly exponential rates,

9:59:59.000,9:59:59.000
the need to create structures for vigorous[br]but not violent disagreement

9:59:59.000,9:59:59.000
have never been more important.

9:59:59.000,9:59:59.000
The US Constitution's First Amendment[br]might seem like a good place to start

9:59:59.000,9:59:59.000
to go to look for answers.

9:59:59.000,9:59:59.000
You, like I, may have often[br]heard somebody say

9:59:59.000,9:59:59.000
that some form of a speech restriction,[br]whether from an employer, a website,

9:59:59.000,9:59:59.000
or even somebody else,[br]violates the First Amendment.

9:59:59.000,9:59:59.000
But in fact the First Amendment[br]usually has little if any relevance at all.

9:59:59.000,9:59:59.000
The First Amendment only applies[br]when the government is seeking

9:59:59.000,9:59:59.000
to suppress the speech of its citizens.

9:59:59.000,9:59:59.000
As a result, the First Amendment[br]is by design a blunt instrument.

9:59:59.000,9:59:59.000
A narrow category of speech[br]can be banned based on its content.

9:59:59.000,9:59:59.000
Almost everything else cannot.

9:59:59.000,9:59:59.000
But the First Amendment has no relevance

9:59:59.000,9:59:59.000
when what we're talking about[br]is a private entity regulating speech,

9:59:59.000,9:59:59.000
and that's a good thing,

9:59:59.000,9:59:59.000
because it means private entities[br]have at their disposal

9:59:59.000,9:59:59.000
a broad and flexible set of tools[br]that don't prohibit speech,

9:59:59.000,9:59:59.000
but do make speakers aware[br]of the consequences of their words.

9:59:59.000,9:59:59.000
Here are some examples.

9:59:59.000,9:59:59.000
When you go to university,

9:59:59.000,9:59:59.000
it's a time for the free[br]and unrestricted exchange of ideas,

9:59:59.000,9:59:59.000
but some ideas,

9:59:59.000,9:59:59.000
and the words used to express them,[br]can cause discord,

9:59:59.000,9:59:59.000
whether it's an intentionally inflammatory[br]event hosted by a student group,

9:59:59.000,9:59:59.000
or the exploration[br]of a controversial issue in class.

9:59:59.000,9:59:59.000
In order to protect[br]both intellectual freedom

9:59:59.000,9:59:59.000
and their most vulnerable students,

9:59:59.000,9:59:59.000
some universities have formed teams[br]that bring speaker and listener together,

9:59:59.000,9:59:59.000
free from the possibility of any sanction,[br]to hear each other's viewpoints.

9:59:59.000,9:59:59.000
Sometimes students don't want to meet,

9:59:59.000,9:59:59.000
and that's fine,[br]but in other circumstances,

9:59:59.000,9:59:59.000
mediated exposure to an opposing view[br]can result in acknowledgment,

9:59:59.000,9:59:59.000
recognition of unintended consequences,[br]and a broadening of perspectives.

9:59:59.000,9:59:59.000
Here's an example.

9:59:59.000,9:59:59.000
On a college campus, a group of students[br]supporting the Israelis

9:59:59.000,9:59:59.000
and those supporting the Palestinians[br]were constantly reporting each other

9:59:59.000,9:59:59.000
for disrupting events,[br]tearing down posters,

9:59:59.000,9:59:59.000
and engaging in verbal confrontations.

9:59:59.000,9:59:59.000
Recognizing that most of[br]what the students were reporting

9:59:59.000,9:59:59.000
did not violate the university's[br]disciplinary code,

9:59:59.000,9:59:59.000
the university invited[br]both groups to sit down

9:59:59.000,9:59:59.000
in a so-called restorative circle

9:59:59.000,9:59:59.000
where they could hear[br]each other's viewpoints

9:59:59.000,9:59:59.000
free from the possibility of sanction.

9:59:59.000,9:59:59.000
After the meeting,

9:59:59.000,9:59:59.000
the ideological disagreements between[br]the groups remained as stark as ever,

9:59:59.000,9:59:59.000
but the rancor between them[br]significantly dissipated.

9:59:59.000,9:59:59.000
Now obviously, this doesn't always happen,

9:59:59.000,9:59:59.000
but by separating reactions to speech[br]from the disciplinary system,

9:59:59.000,9:59:59.000
institutions of higher education[br]have created a space

9:59:59.000,9:59:59.000
for productive disagreement[br]and a broadening of perspectives.

9:59:59.000,9:59:59.000
We're all biased.

9:59:59.000,9:59:59.000
I don't mean that in a bad way.

9:59:59.000,9:59:59.000
All of us are influenced, and rightly so,

9:59:59.000,9:59:59.000
by our family background,[br]our education, our lived experience,

9:59:59.000,9:59:59.000
and a million other things.

9:59:59.000,9:59:59.000
Organizations do have influences,

9:59:59.000,9:59:59.000
most importantly the beliefs[br]of their members,

9:59:59.000,9:59:59.000
but also the laws[br]under which they are governed

9:59:59.000,9:59:59.000
or the marketplace in which they compete.

9:59:59.000,9:59:59.000
These influences can form a critical part[br]of a corporate identity,

9:59:59.000,9:59:59.000
and they can be vital[br]for attracting and retaining talent,

9:59:59.000,9:59:59.000
but these biases, as I'm calling them,

9:59:59.000,9:59:59.000
can also be a challenge,

9:59:59.000,9:59:59.000
particularly when what[br]we are talking about

9:59:59.000,9:59:59.000
is drawing lines for allowing[br]some speech and not allowing others.

9:59:59.000,9:59:59.000
The temptation to find speech[br]harmful or disruptive

9:59:59.000,9:59:59.000
simply because[br]we disagree with it is real,

9:59:59.000,9:59:59.000
but equally real is the harm that can come[br]from certain types of expression.

9:59:59.000,9:59:59.000
In this situation, third parties can help.

9:59:59.000,9:59:59.000
Remember the hotel trying to decide

9:59:59.000,9:59:59.000
whether or not to allow[br]the religious group to host its event?

9:59:59.000,9:59:59.000
Rather than having to make[br]a complex, on-the-spot decision

9:59:59.000,9:59:59.000
about that group's identity and message,

9:59:59.000,9:59:59.000
the hotel could instead[br]rely on a third party,

9:59:59.000,9:59:59.000
say, for example,

9:59:59.000,9:59:59.000
the Southern Poverty Law Center,

9:59:59.000,9:59:59.000
which has a list of hate groups[br]in the United States,

9:59:59.000,9:59:59.000
or indeed even its own[br]outside group of experts

9:59:59.000,9:59:59.000
brought together from diverse backgrounds.

9:59:59.000,9:59:59.000
By relying on third parties

9:59:59.000,9:59:59.000
to draw lines outside the context[br]of a particular event,

9:59:59.000,9:59:59.000
organizations can make content decisions

9:59:59.000,9:59:59.000
without being accused of acting[br]in self-interest or bias.

9:59:59.000,9:59:59.000
The line between facts[br]and opinions is a hazy one.

9:59:59.000,9:59:59.000
The internet provides the opportunity[br]to publish almost any position

9:59:59.000,9:59:59.000
on any topic under the sun,

9:59:59.000,9:59:59.000
and in some ways that's a good thing.

9:59:59.000,9:59:59.000
It allows for the expression[br]of minority viewpoints

9:59:59.000,9:59:59.000
and for holding[br]those in power accountable.

9:59:59.000,9:59:59.000
But the ability to self-publish freely

9:59:59.000,9:59:59.000
means that unverified[br]or even flat-out false statements

9:59:59.000,9:59:59.000
can quickly gain circulation and currency,

9:59:59.000,9:59:59.000
and that is very dangerous.

9:59:59.000,9:59:59.000
The decision to take down a post[br]or ban a user is a tough one.

9:59:59.000,9:59:59.000
It certainly can be appropriate at times,

9:59:59.000,9:59:59.000
but there are other tools[br]available as well

9:59:59.000,9:59:59.000
to foster productive[br]and yet responsible debate.

9:59:59.000,9:59:59.000
Twitter has recently started[br]labeling tweets as misleading,

9:59:59.000,9:59:59.000
deceptive,

9:59:59.000,9:59:59.000
or containing unverified information.

9:59:59.000,9:59:59.000
Rather than block access to those tweets,

9:59:59.000,9:59:59.000
Twitter instead links to a source[br]that contains more information

9:59:59.000,9:59:59.000
about the claims made.

9:59:59.000,9:59:59.000
A good and timely example[br]is its coronavirus page,

9:59:59.000,9:59:59.000
which has up-to-the-minute information[br]about the spread of the virus

9:59:59.000,9:59:59.000
and what to do if you contract it.

9:59:59.000,9:59:59.000
To me, this approach makes a ton of sense.

9:59:59.000,9:59:59.000
Rather than shutting down dialogue,

9:59:59.000,9:59:59.000
this brings more ideas,

9:59:59.000,9:59:59.000
facts and context to the forum,

9:59:59.000,9:59:59.000
and if you know that your assertions[br]are going to be held up

9:59:59.000,9:59:59.000
against more authoritative sources,

9:59:59.000,9:59:59.000
it may create incentives[br]for more responsible speech

9:59:59.000,9:59:59.000
in the first place.

9:59:59.000,9:59:59.000
Let me end with a hard truth.

9:59:59.000,9:59:59.000
The structures I've described[br]can foster productive debate

9:59:59.000,9:59:59.000
while isolating truly harmful speech,

9:59:59.000,9:59:59.000
but inevitably some speech[br]is going to fall in a grey area,

9:59:59.000,9:59:59.000
perhaps deeply offensive

9:59:59.000,9:59:59.000
but also with the potential[br]to contribute to public debate.

9:59:59.000,9:59:59.000
In this situation,

9:59:59.000,9:59:59.000
I think as a general matter,

9:59:59.000,9:59:59.000
the tie should go to allowing[br]more rather than less speech.

9:59:59.000,9:59:59.000
Here's why.

9:59:59.000,9:59:59.000
For one, there's always the risk

9:59:59.000,9:59:59.000
that an innovative[br]or creative idea gets squelched

9:59:59.000,9:59:59.000
because it seems unfamiliar or dangerous.

9:59:59.000,9:59:59.000
Almost by definition,

9:59:59.000,9:59:59.000
innovative ideas challenge orthodoxies[br]about how things should be.

9:59:59.000,9:59:59.000
So if an idea seems[br]offensive or dangerous,

9:59:59.000,9:59:59.000
it could be because it is,

9:59:59.000,9:59:59.000
or it might simply be[br]because we're scared of change.

9:59:59.000,9:59:59.000
But let me suggest that even if[br]speech has little to no value at all,

9:59:59.000,9:59:59.000
that deficiency should be shown[br]through open debate

9:59:59.000,9:59:59.000
rather than suppression.

9:59:59.000,9:59:59.000
To be very clear,

9:59:59.000,9:59:59.000
false speech can lead[br]to devastating real-world harms,

9:59:59.000,9:59:59.000
from the burning of women[br]accused of being witches in Europe

9:59:59.000,9:59:59.000
in the 15th century

9:59:59.000,9:59:59.000
to the lynching of African-Americans[br]in the American South,

9:59:59.000,9:59:59.000
to the Rwandan Genocide.

9:59:59.000,9:59:59.000
The idea that the remedy[br]for false speech is more speech

9:59:59.000,9:59:59.000
isn't always true.

9:59:59.000,9:59:59.000
But I do think more often than not[br]more speech can help.

9:59:59.000,9:59:59.000
A famous story from First Amendment[br]case law shows why.

9:59:59.000,9:59:59.000
In 1977, a group of Neo-Nazis[br]wanted to stage a march

9:59:59.000,9:59:59.000
through the leafy, peaceful suburb[br]of Skokie, Illinois,

9:59:59.000,9:59:59.000
home to a significant number[br]of Holocaust survivors.

9:59:59.000,9:59:59.000
The City Council immediately passed[br]ordinances trying to block the Nazis,

9:59:59.000,9:59:59.000
and the Nazis sued.

9:59:59.000,9:59:59.000
The case made it all the way[br]up to the Supreme Court

9:59:59.000,9:59:59.000
and back down again.

9:59:59.000,9:59:59.000
The courts held that the Neo-Nazis[br]had the right to march,

9:59:59.000,9:59:59.000
and that they could[br]display their swastikas

9:59:59.000,9:59:59.000
and give their salutes while doing so.

9:59:59.000,9:59:59.000
But when the day for the march came,

9:59:59.000,9:59:59.000
and after all that litigation,

9:59:59.000,9:59:59.000
just 20 Neo-Nazis showed up

9:59:59.000,9:59:59.000
in front of the Federal Building[br]in Chicago, Illinois,

9:59:59.000,9:59:59.000
and they were met[br]by 2,000 counter-protesters

9:59:59.000,9:59:59.000
responding to the Nazis' messages of hate

9:59:59.000,9:59:59.000
with ones of inclusion.

9:59:59.000,9:59:59.000
As the Chicago Tribune noted,

9:59:59.000,9:59:59.000
the Nazi march sputtered[br]to an unspectacular end after 10 minutes.

9:59:59.000,9:59:59.000
The violence in Charlottesville, Virginia,[br]and indeed around the world

9:59:59.000,9:59:59.000
shows this isn't always[br]how these stories end,

9:59:59.000,9:59:59.000
but to me the Skokie story is a good one,

9:59:59.000,9:59:59.000
one that shows that the fallacy[br]and moral bankruptcy of hateful speech

9:59:59.000,9:59:59.000
can best be responded to[br]not through suppression

9:59:59.000,9:59:59.000
but through the righteous power[br]of countervailing good and noble ideas.