Friday 18 May 2018

Why Moana Jackson is Wrong About Free Speech


In a recent piece for online magazine e-tangata, Moana Jackson outlines the need for society to “debate the whole context and meaning of ‘free speech’”. He does this with reference to the prominent case of rugby player Israel Folau, who said on Instagram to a fan that God’s plan for gay people was to send them to hell. Unfortunately, Jackson’s fundamental argument for why free speech should be curtailed revolves around a central mistake. He argues that because ‘Europeans’ betrayed their Enlightenment ideas and liberal democratic values by extending the project of capitalist imperialism through colonisation, this shows that the right of freedom of speech is ultimately a lie. Now freedom of speech is just used as a shield for racism and bigotry. These two comments are both completely mistaken.


The Israel Folau debacle is not actually a helpful example for Jackson’s argument. In fact, the wave of public backlash and spirited debate with Folau’s comments demonstrated precisely why free discourse and the laxity of limitation on speech is preferable to a culture of censorship. Many young Pacific Islanders demonstrated their unhappiness and resentment with Folau’s comments. Some shared stories of how their gay and lesbian relatives were persecuted and harassed. Others talked about how for Islanders, homosexuality was a taboo topic within families and this encouraged a toxic culture of silence that hurt gay people. Folau’s comments reignited this ongoing conversation in New Zealand and Australia about homosexual acceptance, but more specifically among Pacific Island communities. It is that spirit of ideological clash that allows for the possibility of an understanding, a comprehension of people and their beliefs and conceptualisations of the world that otherwise would be viewed in a prejudicial manner as a feared ‘Other’. Nothing should be beyond criticism, but in order to criticise nothing should be beyond comprehension. Jackson’s talk about ‘colonisation’ being the issue for Folau is all very well and good, but it more or less appears as a nice excuse for Folau to hide behind. By blaming ‘the coloniser’ Jackson also neatly sidesteps the very real work we have to do in our communities to fight residual prejudices, which is actually helped – not hindered – as a result of freely flowing discourse.


People will inevitably say things that offend others. Offense is actually a highly subjective feeling, not an objective function of a supra-ideological matrix of ‘oppression’ as many sociologists and political theorists influenced by the dogmatic reductionisms of ‘identity politics’ wrongly believe today. Offense comes from many places, both legitimate and illegitimate. Speech will offend different people to differing degrees at any one time. The question for us is, in a democracy, how that offense is dealt with in the very informal court of public opinion and debate. The way in which the Folau situation sparked an ongoing conversation, which invited reflective comment on a large scale and for otherwise politically-neutral institutions to seriously question their activities (such as Rugby Australia) shows the benefit that such an explosion of public commentary has to society.


As usual with this line of argument, Jackson conflates the intellectual movement known as Enlightenment, which he identifies as the origin of freedom of speech, with colonialism and racial ideology. He pours cold water on those who use the wonderful quote misattributed to Voltaire – “I disapprove of what you have to say, but I defend to the death your right to say it”. But ultimately, Jackson’s view of the Enlightenment is a product of the worst kind of reductionism; historical inaccuracies and false attributions of collusion that plague contemporary understandings of colonisation, which are everywhere divorced from long-run historical perspective. Jackson says “in the far from noble history of colonisation, the notion of freedom, and certainly free speech, has always been a term subjected to troubling interpretations”; that is, interpretations which result in the dispossession and displacement of indigenous peoples. The reality is that the Enlightenment had nothing to do with these interpretations. The Enlightenment was an intellectual period, not a self-identical ‘project’ as post-colonial scholars claim. It is very difficult to draw a line between it and the expansionist economic project of capitalist imperialism and the political project of empire-building, which in any case was not a specifically ‘European’ project – a view which also arises from an occlusion of history.


Jonathan Israel, the world’s most eminent historian of the Enlightenment, distinguishes between two main ‘tracks’ the Enlightenment took. The ‘liberal Enlightenment’, the public faces of the movement, consisted of well-known philosophers like Kant, Hume and Locke. But the ‘radical Enlightenment’ of Spinoza, Condorcet, Diderot and others is conveniently less well-known. The two tracks were divided on a number of questions, including whether reason and thought should triumph in human affairs (the radical position) or whether reason should be constrained by religion and tradition (the mainstream position). The liberal thinkers did turn to race-thinking and theories when it seemingly became apparent to them that equality was not forthcoming. Because social divisions persisted despite movements in the direction of equality, they took on an illusion of permanence – Marx would say they were reified. Voltaire, Hume, Kant and Hegel all used racist language, although generally, the Enlightenment belief in a universal human nature meant that racial taxonomies appeared very little in Enlightenment works. The radical Enlightenment thinkers, on the other hand, were explicitly anti-racist.


Take Scottish thinker George Wallace for example, who said that slavery was an abhorrent institution and every slave had a right to liberty. Those imprisoned as slaves were human and therefore ‘had a right to be free’. Wallace did not only militate against slavery but against the entire institution of ownership of private property: ‘it must be necessarily banished from the world before an Utopia can be established’. Condorcet said racial theories made ‘nature herself an accomplice in the crime of political inequality’. These ideas not only influenced the French Revolution, the usurpation of the ancien regime, but also the Haitian Revolution led by Toussaint L’Ouverture. As C.L.R. James writes in his book on the revolution, The Black Jacobins, L’Ouverture studied the ideas of those radical intellectuals and put them to use, leading an ultimately successful slave revolt that established the nominal independence of Haiti. The universalist conception of humanity those intellectuals held not only conceives our species as common beyond national or cultural specificity, but also as an idea exceeds social and historical location. Moana Jackson, however, is worryingly keen to localise the radical ideas of the Enlightenment, positioning his system of thought (the fundamentals of which are essentially liberal pluralism and particularism) in opposition to it, and altogether producing an historically incorrect picture of its constitution and effects. To say this reveals that Jackson is not fighting a battle between ‘the West and the rest’, as he thinks. The battle is actually between the liberationist ideologies of progressive and revolutionary movements on the one hand, which Jackson does not realise he opposes. He instead proffers as an alternative a highly undesirable conservative ideology of appealing to tradition and ‘culture’, against those liberationist impulses.


What might happen if we employ Jackson’s preferences for speech in practice? Let’s revisit the Folau case as a demonstration. Jackson says that the idiom “sticks and stones may break my bones but words will never hurt me” is a “Western idea” and that “our people” (presumably Māori) “have understood the contrary”. Putting aside the highly specious nature of such an argument, what Jackson is essentially arguing, though conveniently in an implied manner and in not so many words, is that words which ‘hurt’ a person’s or group’s feelings must be censored. In the Folau case, the group that is presumably ‘hurt’ by these remarks is gay people. If a gay person says they are hurt by Folau’s remarks, Jackson says they must be retracted. But it is unclear whether Folau himself could claim that his religious beliefs are being maligned as a result – for this is exactly what he did do. With the dubious help of venomous creatures like Destiny Church founder Brian Tamaki, Folau constructed for himself a convincing victimhood that popular religious-conservative figures tend to do when their beliefs are challenged in public. How does Jackson decide that Folau’s feelings, and by extension the feelings of religious conservatives, are not also hurt? The condition that Jackson qualifies to be eligible for consideration of hurt feelings, that the person or group must be ‘marginalised’, does not seem to suffice here. For in a liberal polity that has now legally sanctioned same-sex marriages and enshrined gay rights into law, is Folau’s viewpoint not acceptably ‘marginal’ to be nominated as such? But this is not the only thing that is put into question if we adopt Jackson’s mistaken precepts. It is questionable as to whether the same level of public discourse and fervour on the subject – getting usually quiet and taboo-restricted Pacific Island communities to talk about these latent issues – would have actually manifested had Folau merely been silenced by liberal bureaucracy and that was the end of it.


Moana Jackson belongs to what is increasingly becoming the dominant political faction of humanities and social sciences academia. This faction’s thought-system is called ‘culturalism’. It attempts, and ultimately fails, to synthesise a belief in the primacy of ethnic belonging in one’s life with a liberal political outlook. The spirit of ideological debate I have just outlined can only be celebrated if one thinks that it is important for people to unite under a common sign of humanity despite apparent differences. The left used to believe this. The theory of historical materialism postulated that history was defined by class struggle. The systems of material organisation of resources have invariably led to differentials of accumulation and desert, whether in slave societies, feudalism or capitalism. The global structure of capital accumulation can only continue to function if inequality between the capitalist class and workers is maintained. Otherwise profit is cancelled out and the system ceases to work. Marxists saw this class division as the key antagonism of an otherwise unified humanity that should struggle together to realise freedom. Other divisions, such as race and gender, were illusions that sought to divide humanity further. Today’s left wrongly sees the nebulous and largely confected realm of ‘culture’ as the primary foundation of difference. This is what culturalism does. It accepts social division prima facie and coolly distances itself from the idea of a common humanity, sneered at as outmoded, or worse, a function of European colonialism. Jackson has repeatedly made this mistake throughout his work, as have his main intellectual ancestors like Ranginui Walker. 


The culturalist left today that Jackson is a part of performs the same function that the liberal Enlightenment did back in the eighteenth century. When inequality fails to disappear, and people lose faith in the grand narratives of social transformation such as Marxism and the radical Enlightenment, consolatory narratives borne of that failure appear in their place. When the Soviet Union dissolved, Francis Fukuyama wrote that the world has reached the ‘end of history’ – liberal democracy has prevailed. Identity politics is precisely one of those fatalistic narratives that reflects the retreat of the left. But even now when liberal democracy is seriously fraying around the world, the culturalist leftists have barely passed judgment on the dangerous political machines of nationalism and chauvinism sweeping the world, instead choosing to double down on identity politics and bureaucratic means of controlling ‘diversity’. This is not the zenith of progressivism but its exact opposite: an admission of a lack of ambition. Instead of empowering people to identify the sources of social conflict, view social problems objectively with long-run historical perspective, and throw off the shackles of fear and risk to threaten political and economic elites with a project of egalitarian transformation, Jackson and those of his liberal-left ilk view people of ‘minority groups’ as vulnerable victims who are too weak to stand up to these expansionary forces and require special protection. This view of humanity is profoundly negative. It insulates people from developing the critical faculties, argumentative skill, and systems of thought that enable the challenging of power. It also infantilises people in a culture of vulnerability that reinforces gendered and racialised prejudices, for example, the stereotyped ‘weakness’ of women amidst a culture of sexism that threatens their frail being at every turn.


The identitarian notions of censorship are indeed taking a dark turn – take, for example, Carrie Stoddart-Smith’s claim that the phrase “Māori tribal elite”, used in the context of identifying the extraordinary growth of inequalities among Māori as a result of iwi-led corporatisation processes, was a ‘racist’ phrase and ‘distorts how Māori view who they are”. The function of Stoddart-Smith’s claim is to silence those, mostly Māori, who are attempting to speak truth to power by identifying those class inequalities and linking them to wider socio-historical processes of capitalist class reconfiguration. She does this by turning this issue of class and material resources into an identity-based issue that is inappropriate to speak about because it causes offence. This is highly disturbing, yet is precisely the consequence of the narrow-minded culturalist view. This view actually energises the opposite tendencies it claims to support: it reifies differences, encourages prejudicial backlash, and homogenises voices of the distinct ‘cultures’ by amplifying self-appointed representative lobbyists and spokespeople who largely come from the middle class and promote the capitalist status quo. The example from Stoddart-Smith merely demonstrates that culturalism is only a barrier to serious liberationist and emancipatory political movements from emerging. This barrier is set up by figures that have a rhetorical veneer of leftist radicalism in what they say, but they do not actually adhere to any meaningful leftist principles which would differentiate them from current liberal orthodoxy.


The abuse or manipulation of, or diversion from, an ideal does not invalidate the ideal itself. To end on a quote from an 1860 speech from Frederick Douglass, black leader and former slave: “Liberty is meaningless where the right to utter one’s thoughts and opinions has ceased to exist. That, of all rights, is the dread of tyrants. It is the right which they first of all strike down. They know its power. Thrones, dominions, principalities and powers, founded in injustice and wrong, are sure to tremble, if men are allowed to reason of righteousness, temperance, and of a judgment to come in their presence. Slavery cannot tolerate free speech.” We should take Douglass’ word. Asserting the right to free speech is central to fighting racism and bigotry, rather than Jackson’s futile request that it be censored away.