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five points:“Don’t assumethatyour own
understandingof the meaningof wordsand
phrases is universallyshared.”For the speaker
who has offendedsomeone,she has abox
titled“GoodApologies.”PointNo.5:“Focuson
regretfor actions committed: Rather than
saying you’resorryfor how someonefelt or
anotherresultof your actions,sayyou’resorry
for whatyou did.”
Will Nossel’s guideposts resonate with po-
larized speakers?It’s impossible to know
whether the tips throughoutthe bookwill
facilitatemorerefineddebateoracceptanceof
otherviewpoints.Readersmayfind someof
the advicebanal,thoughwell-intentioned.
Can asincere, thoughtfulbookwith some
nuggetsofpracticaladviceresolveourinfinite
wars over free speechthatsometimesdevolve
from juvenilename-callingto actual violence?
“Dareto Speak”addsanothervoiceto the
cacophony. Nossel reiterates our long-stand-
ing commitmentto free speechand offers
somewholesomeadvice,whichmaybejust
whatweneed. Instead of less debate, we need
wide conversation to lead us towardthe truth
in the marketplaceof ideas.As Justice Louis
Brandeisexplainedin responseto powerof
negative speech:“If therebe timeto expose
throughdiscussion,the falsehoodsand falla-
cies, to avertthe evil by the processof educa-
tion, the remedyto be appliedis morespeech,
not enforcedsilence.”

RoyS.Guttermanis an associateprofessorand
directorof the Tully Centerfor Free Speechat the
NewhouseSchool at SyracuseUniversity.

objectivelydeterminable.”
Sosocietymustrelyonajudgmentelaborat-
ed by Justice OliverWendellHolmes Jr.inhis
notionof a“marketplaceof ideas.”Ina1919
dissent, Holmesdefended the free-speech
rightsof agroup of socialist-anarchists, argu-
ing,“Theultimate good desiredis better
reachedby the free trade in ideas—thatthe
besttestoftruthis thepowerof thethoughtto
getitself acceptedin the competitionof the
market.”
Holmes’sperceptionwas revolutionaryat
the time,but as Nossel tells us, his vigorous
protection of speechregardlessof the view-
point“becamean anchorof Americanjuris-
prudenceand is amongthe elementsthat
distinguishtheUnitedStates’approachtofree
speechprotectionsastheworld’s mostrobust.”
Suchhistoryilluminates her pages, but
Nossel never losessightof her chiefaim:to
providearoad map for navigating and safe-
guardingfree-speechrightsin our multifacet-
ed, multicultural democracy. “This book,”she
writes,“suggestsguidelinesthatcan protect
ideasand opinionsfrom suppressionand also
widenthe circleof thosewho stand readyto
defend free expression.”
“Dareto Speak”offers principlesfor speak-
ing,for listening,for debating free speechand
for consideringspeech-related policies.Better
debate, Nossel suggests, rests on individuals’
sensitivityand consideration whenspeaking
in the publicarena.She highlightsher points
in brieftips and how-toboxes. In one short
section titled“How to be aConscientious
Speaker,” for instance,she advises,amongher

bookis intendedfor all who seekto voice
controversialviewpoints,hear themout from
others,and keep theirboardrooms, class-
rooms,dormitories,and diningtablesopento
fruitfulconversationsbetween peoplewhose
beliefs differ,” she writes.
Whilemostpeoplebelieve thatthe Consti-
tution holdsall the answersto conflicts over
free speech,Nossel explainsthatthe First
Amendment’s influence is limitedbecauseits
purviewisconfined to infringementsby the
government.She notesthat“the FirstAmend-
mentis silenton manyofthe free speech
conflicts of our time,”addingthatitdoes not
have an “answerto the censoriouspowerof
onlinemobs,”orguidanceon curbing“the
detrimentaleffects of hateful speech,”orad-
vice on how to knowwhen“contentis too
vitriolic,bigoted,deceitful,ormisleadingtobe
sharedonline.”
Thoughbigoted and hateful rhetoric often
stirs the sharpestargumentsover who should
be allowedto speak,Nossel contendsthatthe
principleof free speechis strengthenedby the
airingof unpleasantviews. She quotesaline
attributedto the FrenchphilosopherVoltaire
thatamplysupports free expression,however
offensive:“I disapproveof whatyou say, but I
will defend to the death your right to sayit.”
Socialtabooswill keep mostpeoplefrom
utteringoffensivelanguage, but sometimesit
is impossibleto keep ugly speechout of the
publicrealm.It is also impossible, in many
people’s view, to clearlyidentifyit. “Much of
the time,no such definitivejudgmentis possi-
ble,”Nosselnotes.“Offensivenessisnotalways

MATTMCCLAIN/THEWASHINGTONPOST

DARE TO
SPEAK
DefendingFree
Speechfor All
By Suzanne
Nossel
Dey Street.
304 pp. $28.99

I


nlateMay,asprotests ragedthroughout
the countryand the coronaviruspan-
demicspread,PresidentTrump signeda
directive titled“ExecutiveOrderon Pre-
ventingOnlineCensorship.”Itcontains
magnanimouspronouncementsabouttheim-
portanceof free speechand FirstAmendment
protections.Theopeningreadslikethekindof
declaration thatshouldend up on aparch-
mentscrollor the baseof astatute:“Free
speechis the bedrockof Americandemocracy.
Our FoundingFathersprotected this sacred
right with the FirstAmendmentto the Consti-
tution.Thefreedom to expressand debate
ideasis the foundation for all of our rightsas a
free people.”
There is something ironic, if not Kaf-
kaesqueor Orwellian, aboutan executive
order,imbuedwithlanguageextollingfree
speech,thatproposesan oppositeeffectby
also callingon the federal governmentto
monitorand regulate Internetand socialme-
dia platforms.It isn’t clearhow the govern-
mentwouldregulatedigitalplatforms,butthe
suggestion runscounterto the wide-open
nature of free speechthatfacilitates all forms
of discussiononline—the hallmarkof the
Internetsince it becamecommercialand ac-
cessibleby ordinarypeoplein the 1990s.
Thepresident’s contradictoryexecutiveor-
der highlightsthe dizzying world of free
speechin Americatoday. Trump has trampled
on FirstAmendmentand free-speechrights
morevigorouslythananypresidentbefore
him.Beyondthe WhiteHouse, free-speech
battles are beingwaged acrossthe country, on
collegecampuses,socialmediaand the air-
waves, amongvoicesfromboth the rightand
theleft.Ourincreasinglyfractiousdebatesare
pullingat thefabricof our free-speechprotec-
tions,whichensurethatall —eventhose with
viewsoffensivetoothers—havetherighttobe
heard.
Now, into the fray comesSuzanneNossel,
the chiefexecutiveof PENAmerica,witha
warningand asteadyvoiceof experienceand
eruditionon how to preserve and expandfree
expression.“The stateofdiscoursein America
todayraisesatroublingquestion of whether
the principleof free speechcan survive intact
in our diverse,digitized,and dividedculture,”
Nosselwritesinhernewbook,“DaretoSpeak:
DefendingFree Speechfor All.” Whileshe
acknowledges thatthere arenoeasy answers,
she hopesto spur“dialogueaboutwhyfree
speechmatters and how it can be protected
withoutrunningroughshodovervalues of
equality.”
Nosselstressestheroleandresponsibilityof
the individualin maintainingour free-speech
principles,rather than the impositionof rules
onsocialmedia,universitiesandotherinstitu-
tionswherepublicdiscourseoccurs. “This

RIGHTS REVIEWBY ROY S. GUTTERMAN

Advice for individuals,


not governments, to


safeguard free speech


Signs in support of
the Black Lives
Matter movement
aredisplayed on a
fence around
LafayetteSquare
nearthe White
HouseonJune9.

Isupposethereisvalueincompilingallthis
vile stuff. There will be first-timevotersin
2020whoweren’tevenbornwhenBillClinton
was president,and theyshouldknowwhere
the Trumpistwing-nutterycame from.Forthe
restofus, though,thereis alarger question,
unasked in this book:In theend, whatare we
to makeofBilland HillaryClinton—not just
as“magical”scapegoatsbutaspublicservants.
They are not in verygood standingnow:
Bill, laid low by the #MeToo movement;Hil-
lary, by her ineffective campaign against
Trump.But Bill Clintonwas an admirable and
substantivepresident(except for his personal
life). He taxed the rich, balancedthe budget,
reformedwelfareand passedascad of laws to
benefitthe workingpoor.Hedidn’t pursue
silly wars overseas.Whentherewas trouble—
liketheOklahomaCityterroristbombing—he
couldsootheand lead the country.
HillaryClinton’s legacyismore complicat-
ed.D’Antonio’s assessmentissaintly,although
he does allowthatshe has atemper.Hedoes
not mentionthatitwas Hillarywho nixedThe
Washington Post’s offertogothroughthe
Whitewater materials,no matter how long it
took —asessionthatmight have prevented
the explosionof thatnon-scandal.Herstrict,
defensivequality, reinforced by astaunch
senseof moral superiority, didher greatdam-
ageattimes,cripplingher efforts to produce
universalhealthcare and renderingher presi-
dentialcampaignajoylessdeath march.Suc-
cessfulpresidentsrequireagreatnessofspirit,
aprevailingsenseofoptimism,alighttouch,a
certain lyricism.She had noneof those.At
least, not for publicconsumption.
But was she afailure?Idon’t think so. She
was an excellentsenator fromNewYork. I
watchedher master the intricaciesof defense
policyafter the terroristattacks of 9/11. When
David Petraeus was asked, in 2006,whether
therewereanyDemocratic presidentialaspi-
rants who understood how his mindworked,
he said:“You mean,asidefromHillary?” She
representedthe United States brilliantlyas
secretaryofstate, especiallywhenit cameto
public diplomacy. She cultivated, overthe
years,asmartanddedicatedstaff—noinsider
ever wroteatell-allabouther.The realityof
HillaryClintonwas always moretraditional,
more Methodistthanradical, than the
trumped-upfantasiesabouther.
In theend,atruescapegoatsacrificetellsus
moreaboutthe sins of the society in question
than aboutthe goat.The “Huntingof Hillary”
was always moreaboutus than it was about
her.

Joe Kleinisthe authorof sevenbooks,including
“PrimaryColors” and, mostrecently,“CharlieMike.”

There are RupertMurdoch andRush Lim-
baughand all the right-wingfake-news pro-
moters.And thereare the mainstreamjour-
nalists —WilliamSafire, MichaelIsikoff, oth-
ers —who pasteurizedthe poisonfor public
consumption.Icouldgo on; D’Antoniocer-
tainlydoes.Clinton-hating was, and remains,
alasciviousphenomenon.
There are occasionalrevelations—orredis-
coveries—along the way. GeorgeConway, the
currentTrump scourgeand husbandof Kelly-
anne,makesaspecialguestappearanceasone
of the “Elves,”the lawyersrepresentingPaula
Jones againstBillClinton: “[Conway] was so
virulentlyanti-Clintonthathetypically re-
ferredto the presidentnot by namebut by the
termscumbagand literally jumpedfor joy”
whenhe sawaTVreportofnew sexual
allegations.And then there’s futureSupreme
Courtjustice Brett Kavanaugh,workingfor
Starr,who seemeddemonicallyfixed on Fos-
ter’s suicideand “persuaded”Starr to reopen
the caseas amurderinvestigation, which
lasted threeyearsand cost$2million.“Mem-
bers of Foster’s familywere interviewed again
and again,resentedthe interference,but Ka-
vanaughpressedon,”D’Antonioclaims,“and
even sent FBI agents to collectasampleof
Foster’s daughter’s hair.”

correctly,thattheywere beingmanipulated.”
D’Antonioproducesoccasionalnuggetslike
thatone throughout“The Huntingof Hillary,”
whichraisethehopeofamoreinsightfulbook
than the one he has produced.But his aim is
simple:to layout,indetail, the often lunatic
40-yearcampaignto destroy HillaryClinton.
We’veread mostofthisbefore. D’Antoniois a
workmanlikecompilerof otherpeople’s re-
porting and insights—heproducesanew
bookeveryyear or so —and his intentionsare
good.Butthereisnoarttoit.Indeed,quitethe
opposite: Thebook plods along through
Whitewater and Lewinskyand Benghaziand
the emailnon-scandals,and ahostofothers.
There is the familiarcastoftwisted charac-
ters: RichardMellon Scaife,who fundsascad
of hit groupsto “investigate”the Clintons,and
then winds up votingfor Hillaryagainst
DonaldTrump;CongressmanDanBurton,
whoshotameloninhisbackyardtoprovethat
Clinton’s closefriendVinceFoster didn’tcom-
mit suicidebut was murdered(by the Clin-
tons,of course);the eternal“investigator”
DavidBossie,whoturnedconspiracy-monger-
ing into millions;specialprosecutor Kenneth
Starr,who took aweirdlysalaciousinterest—
worthyofascapegoatsacrifice —inBill
Clinton’s relationshipwith Monica Lewinsky.

I


nthe introduction to this exhausting
book,MichaelD’Antonioraisesthepossi-
bilitythatHillaryClintonhas achieved
mythic status, and not in agood way. He
comparesher to the ancient“ghosts and
goblins and devils”whoare “unconscious
projectionsof the insecurities... of their
creators. ‘They’ are heapedwith our sins and
shortcomingsso that‘we’can feel pure.”
D’Antonioletsitgoatthat,butthenotionof
scapegoatsacrifice deserves
more thoughtful explora-
tion. In the ancientworld,it
was adeath sentence.It was
the mostprofoundand sa-
credof all ritualsbecause
the scapegoatwas always
guilty. It was anecessary
expiation, asymbolic
cleansingofsociety’s ills.“In
Greekmythology, thescape-
goat is never wrongfullyac-
cused,”René Girard, the au-
thorof “Violenceand the
Sacred,”oncetold me. “But
he is always magical.He has
the capacitytorelieve the
burdenof guilt fromasoci-
ety. This seemsabasic hu-
man impulse. There is a
need to consume scape-
goats.”(TheJewscivilized
the ritualby replacinghu-
manswith actual goats.)
This maybethe bestanthropologicalexpla-
nation for the dementedand relentless“hunt-
ing”ofClintonand her husband.They are
perfectscapegoatsforthecaricaturedexcesses
of the babyboomgeneration. They represent
the permissiveness—sexual for him, feminist
for her —thatterrified and entranced,and
tempted,their opponents.
TheClintons were also stupendouslyguilty
of the more subtle failingsof their (my)
generation, the solipsistic idealismand sense
of entitlement;the beliefthattheycould cut
corners—fly free on privateplanes,give
speechesfor fabuloussums,indulgeininsider
stock trades —for the greater good. Earlyon,
D’Antonioproducesaquote fromthe revered
Arkansasliberal Dale Bumpers, wholater
defendedPresidentBill Clintonin his im-
peachmenttrial:“Clintonoughtto be most
grateful ...buthenever is.You can never do
quiteenoughfor him and Hillary. ...They are
the mostmanic obsessedpeopleIhaveever
knownin my life, andperhapseven the most
insensitiveto everybodyelse’s feelings.Every-
thingcentersaroundthemand theirambi-
tions.ItispreciselythereasonBillgotbeat[for
governorofArkansas]in1980.Peoplefelt,and

POLITICS REVIEWBY JOE KLEIN

Why have so many tried to take down Hillary? She’s America’s scapegoat.


THE HUNTING
OF HILLARY
TheForty-Year
Campaignto
DestroyHillary
Clinton
By Michael
D’Antonio
ThomasDunne.
338 pp. $29.99
MATTMCCLAIN/THEWASHINGTONPOST
Alongsideher
husband, Bill
Clinton,and
runningmate,Tim
Kaine,Hillary
Clintonspeaksin
NewYork on Nov.
9, 2016, theday
after losing the
presidential
election to Donald
Trump.
Free download pdf