Maximizing Speech (Malik Speaking)
		Comment		Source		MAIN PATH: Dee
			John	Fred		Malik	Dee

We're all talking as though there is a clear conflict between a speech code and the value of free expression. In one respect there is a conflict. Any code prevents some things from being said, and that limits speech. But I want to make a different point.

We should not talk about the value of free expression in the abstract. What matters is how our regulations (or lack of regulations) on expression function in concrete situations for real people. If we look at the way 'free speech' functions in the real world, we may find that a narrowly drawn code increases free expression. This isn't as impossible as it sounds. Think of traffic laws. They place restrictions on how and where people drive; but the result is that much more driving by many more people is possible. Here's my argument:

• The purpose of a liberal policy on free expression is to maximize the amount of speech on campus or in society at large.
• Hate speech, and racist speech in particular, attacks its victims and reduces their capacity to speak. It threatens them and thereby silences them.
• Beyond the immediate victims, hate speech affects the entire group to which they belong. For example, racist speech affects all blacks on campus and not just those who are targeted. By silencing a sizable group of people on campus hate speech reduces the total amount of speech.
• Therefore, a ban on hate speech may well increase the amount of speech on campus.

By removing the force that silences so many, the code will make it possible for them to speak and increase the amount of speech on campus. In short, it you really want a "marketplace of ideas" you have to weed out a small number of ideas that restrict rather than expand that market.

Let me add one more thing. If we are talking about society at large, and not just this campus, restrictions on hate speech would not only increase speech but would increase participation in the democratic political process. Right now African Americans are silenced and pushed out of the political process by racist speech. Restrict that speech and they will be able to participate much more fully. The result is that this particular restriction on speech will serve one of the classic goals of free expression; namely, the development of democracy.

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