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Jack Benny was once “threatened” on his program with the statement: “Your money or your life.” Urged on by the “criminal” of the piece for an answer, Benny replied, “I’m thinking, I’m thinking.”

Walter Block

https://substack.com/inbox/post/142785947

It is difficult to overestimate the importance of free speech. It is imperative for society and even more important on campus. After all, the latter is the place where ideas and the search for the truth are held to be particularly precious. Without untrammeled free speech, it is difficult to see how this mission can even begin to be accomplished.

Is there any sort of speech that ought to be banned anywhere at all, whether at any of our institutions of higher learning or in civil society as a whole? Yes, there is one. It is the only exception to this general rule. In mentioning it, being an absolutist on free speech is not the correct position. The exception? Threats of physical violence. “If you don’t shut up, I’ll punch you in the nose.” “If you don’t give me your money and your automobile,” says the carjacker, “I’ll shoot you.” Unless these sorts of statements are part of a movie or a play or mentioned in the present context as part of a philosophical discussion, they are criminal acts.

Jack Benny was once “threatened” on his program with the statement: “Your money or your life.” Urged on by the “criminal” of the piece for an answer, Benny replied, “I’m thinking, I’m thinking.” Apart from considerations of this sort, the university should be a bastion of free speech. And so should be our general society.

But what about libel and slander? I now falsely claim that Jones is cheating on his wife. As a result, Jones loses his marriage, his job, his children, and his friends. I just ruined his reputation. Presumably, what the general public thinks of Jones is more valuable to him than his house and his car. If I stole those items from him, surely I would be a criminal. But by using my speech to make slanderous statements of him, I besmirched his reputation, and did him even more severe harm. Should I not be incarcerated, and should my “free speech” be prohibited by law? No.

He is the rightful owner of his home and automobile but not, paradoxically, of his reputation.

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