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Reason
Reason
Politics
Eugene Volokh

More from Jacob Mchangama on Frederick Douglass's Views on Free Speech

A short excerpt from Prof. Mchangama's Sept. 3 post (though the whole thing is much worth reading):

Frederick Douglass was a frequent target of vilification and smears—not to mention hostile mobs, stones and rotten eggs. His enemies—and sometimes even erstwhile allies—used press and pulpit to counter the growing influence of his oratorical genius and editorial prowess. Douglass' primary weapon consisted of words—but what to do when opponents turned this weapon against him? Was counterspeech a sufficient remedy, or should legal redress also be an option? What rules—legal or moral—should guide newspaper editors with power to shape public opinion? And as Douglass became an influential speaker, editor and publisher himself, did he practice what he preached?

Douglass the Defamed

"Nigger" and other racial epithets were routinely hurled at Douglass. But far more damaging than crude racist attacks were various allegations of sexual depravity, of lying about his life story, of being a paid anti-American agitator and of being a cowardly co-conspirator in the attack on Harper's Ferry….

To Douglass, the proper response to attacks on reputation and ideas was reciprocal counterspeech. Ideally the venue of attack would provide the target equal access to respond. When reciprocity was denied, press freedom provided a corrective mechanism. Media pluralism increased the chances that a fair-minded newspaper would give voice to those denied a right of reply elsewhere….

Two things underwrote Douglass' conviction that the law should protect the pen rather than restrain it: an extraordinary confidence in counterspeech, and a demanding conception of what press freedom required. A newspaper worthy of being called the "palladium of liberty" did not protect readers from controversy. It enabled accusations to be answered, exposed its own claims to adversarial testing and gave truth a chance to prevail over falsehood. Douglass did not merely preach that ideal. Across more than half a century of vilification, he practiced it with a record that—if not unblemished—was impressively consistent.

And, likewise, from his Sept. 11 post, which I likewise highly recommend:

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