The Indispensable Right

“It’s a free country.” Many of us recall saying that as children as we learned that we were American citizens who were endowed with certain rights—such as free speech. We would use those words when we wanted to assert our own rights when we were being bullied or chastised. We would use them to let others know that even if we did not agree with what they were saying or doing, they were within their rights to express certain opinions or to do certain things.

How many American adults feel as confident now about expressing our views in public settings as we did when we were children or young adults?

In his authoritative but general-reader-friendly new book, The Indispensable Right: Free Speech in an Age of Rage (Simon and Schuster, 2024) legal scholar and public intellectual Jonathan Turley argues that many Americans nowadays are “speech phobic” and employ terms such as “hate speech” to shut down legitimate discussion of such topics as immigration, government policies during the height of the Covid pandemic and transgenderism. He maintains that free expression is imperative for human flourishing and that stifling it can lead to a spiral of frustration boiling up to rage, which is then repressed by expressions of state rage such as the Palmer Raids and the excesses of McCarthyism.

Turley walks us through the history of free speech in America and across today’s minefields of topics that can get even average people cancelled—and what forms “canceling” can take.

In approachable, fairly short chapters Professor Turley reminds us of how quickly some of the heroes of the American Revolution and champions of liberty devolved into semi-tyrants. His treatment of John Adams and the Alien and Sedition Acts (the latter of which rendered it a crime to, “print, utter, or publish...any false, scandalous, and malicious writing” about the government) is particularly eye-opening and provides crucial background as the reader proceeds through the book. The concept of sedition is a major focus of the book and alerts us as citizens that it is not a matter confined to centuries ago, but a matter very much in the forefront of the American legal and political landscape in the wake what happened in Washington DC in January 2021.

Indeed, what we should call what those events is another fascinating focus of the book. Turley argues forcefully and persuasively that January 6 was not an insurrection but a protest that became a riot. This was a brave stance to take given that, as he points out in the book, anyone who argued that January 6 was anything but an insurrection was in danger of being labeled a sympathizer or an apologist for the rioters.

Turley’s book has become even more of a crucial read in the wake of the anti-Israel protests on college campuses in the spring of 2024. Ditto some shockingly anti-free-speech comments recently by supposedly mainstream Democrats such as John Kerry and Hillary Clinton.

We will touch on the status of free speech as an issue in the 2024 presidential election and how free speech has been impacted by the Biden-Harris administration. The topic of censorship came up, for example, in the 2024 vice-presidential debate and we will get Professor Turley’s take on that.

Many listeners may be most familiar with Professor Turley via his testimony before Congress during the first impeachment proceedings against President Trump and from his frequent appearances on Fox News and other major media outlets. His blog is a go-to source of incisive analysis of legal issues ranging from the lawfare campaign against Donald Trump to the crushing of free speech in academia and increasingly, outside it.

Turley’s activities are not restricted to the printed word. He has for decades been an active, hands-on attorney and advocate for a wide range of clients in need of a fierce, shrewd champion. Reading about the breadth of his work as a lawyer and following him on X enable us to grasp the power of the legal leviathan individual Americans have stood up to over the years—like those profiled in the book we will be discussing today.

Hope J. Leman is a grants researcher.