
Insensitive speech is productive if by “productive” we mean conducive to individual liberty, economic prosperity, and human flourishing. I take “insensitive” in Merriam-Webster’s definition of “lacking feeling or tact.”
There are at least three arguments in defense of insensitive speech. First, insensitivity is largely in the eye of the listener. This is demonstrated by the wide variation of what was considered insensitive in different societies and historical periods, and by what is now considered insensitive among different groups of people in the same society, especially in advanced societies. Some insensitivity is thus an unavoidable consequence of free speech. And free speech is an essential condition for the search of truth and thus for the intellectual and material progress of mankind. (See John Stuart Mill, On Liberty, 1859.)
A corollary argument is that exposure to insensitive speech can lead people to question their prior beliefs and biases. Depending on the beliefs questioned, this can be judged good or bad, but it is certain that the capacity to question one’s biases is a necessary condition for distinguishing what may need to be changed and what should be conserved in society. Comedy was long a favorite way to challenge popular beliefs, perhaps starting with Aristophanes’s “Lysistrata,” which imagined a women’s sex strike to stop wars. Responding to the leader of the chorus of old men, the chorus of women is pretty insensitive (Catherine Lecomte Lapp, The Essential Classics: An Anthology of Greco-Roman Literature [Les Belles Lettres, 2005]):
Now just you dare to measure strength with me, old grey-beard, and I warrant you you’ll never eat garlic or black beans any more.
Nowadays, stand-up comedian Dave Chapelle “shows how hollow—and marginal—the arguments of the woke left are” (“Dave Chapelle for Gender Realism,” The Economist, October 16, 2021):
Even many of his critics concede that the lead-in to Mr Chappelle’s long transgender riff is pretty funny. Because of his past jibes at the community, Mr Chappelle claims, in mock fear, a conspiratorial well-wisher warned him, “they after you”. “One ‘they’ or many ‘theys’?” he hissed back. But whatever the critics thought of his craft, they adjudged his act “transphobic” and to be condemned. As evidence, many cited his defence of J.K. Rowling’s insistence on the biological reality that trans identity and sex are different. (No wonder, he deadpans, that women are annoyed that Caitlyn Jenner won “woman of the year her first year as a woman, never even had a period…”) “The phobic jokes keep coming,” sighed the Guardian. …
Group politics, zero-sum and exclusionary, is dehumanising; his profane, moral comedy is a corrective.
In the production of ordinary market goods, innovation depends on the capacity to question traditional ways. Entrepreneurs are insensitive to most people except for their potential customers.
Another argument: the proper exposure to insensitive speech helps distinguish between children and adults. A child must be protected from the conscience of certain realities. As Marcel Pagnol wrote at the end of his 1958 biographical novel Le château de ma mère,
Such is life for mankind. A few instances of joy, soon erased by unforgettable sorrows. No need to tell children about that. (My translation)
Telle est la vie des hommes. Quelques joies, très vite effacées par d’inoubliables chagrins. Il n’est pas nécessaire de le dire aux enfants.
An adult, on the other hand, must have gradually learned to face life squarely if he is to enjoy it and have any success in what he wants to do. He must be able to hear and see things he does not like or approve of.
We can think of a demand curve for sensitivity from the sensitive or oversensitive and an offer of sensitivity by what we may call the “sensitivity industry,” made of both private parties and governments. Supply and demand establish an equilibrium price, which represents what demanders must sacrifice in terms of other goods, services, and opportunities (opportunities they would have in a society of “insensitive” people), and what the professional sellers of sensitivity gain from promoting it.
Politically, it is possible that sensitivity feeds on itself, just as a one-time supply problem becomes ongoing inflation when the central bank accommodates it with more money. The more sensitive and childish people are, the more they want to be protected by the state, through restrictions on free speech for example. The state responds by happily providing more protection because politicians and bureaucrats benefit from it. The more protected the subjects are, the more childish and sensitive they become and the more protection they demand. We may borrow Alexis de Tocqueville’s immortal words:
[The sovereign power] hinders, it represses, it enervates, it extinguishes, it stupifies, and finally it reduces each nation to being nothing more than a flock of timid and industrious animals, of which the government is the shepherd.
One caveat: However politically useful insensitive speech can be, it may, together with hairy sensitivity demands, poison personal interactions. We could hope that traditional rules of etiquette would dampen this danger. But along with other moral constraints, etiquette (as it had developed in Western countries) has been declining, with the result that personal interactions have become less predictable and often harsher.
READER COMMENTS
David Seltzer
Nov 5 2021 at 3:08pm
Pierre: well done. It seems even civil critique offered in the interest of improving ones work is construed as insensitive. True story. I was teaching finance at Loyola of Chicago, 1992. The course material included CAPM and derivative instruments. I made it clear that while the material is not easy, I will help any student who is struggling. Available for office hours, study group seminars…etc. I made it clear that the student had purchased a product, paid for in the form of tuition, and was free to do with the course as they chose. I said I didn’t care what they did with the course as they are consumers with various preferences. My analogy; the butcher who sells you filet mignon doesn’t care if you cook it to your taste or give it to your pooch. The fallout. I was called into Dean Myer’s office. The reason; several students complained I said I didn’t care about them. Dean Myer asked me to clarify my statement in class or apologize to those offended. I refused as I never said I didn’t care about them. In fact I respected their fundamental right to choose. My contract for the next academic year was not renewed.
Pierre Lemieux
Nov 5 2021 at 5:21pm
David: Infantilization of students had already started at that time?
David Seltzer
Nov 5 2021 at 6:03pm
Yes. There were informal discussions on campus among students and some instructors about avoiding words, no matter how innocently used, that might be construed as offensive to people of various societal groups.
Craig
Nov 5 2021 at 6:07pm
On this one I happen to be of two minds. On the one hand, Professor Seltzer is absolutely correct, they paid the tuition and if they want to show or not show for the class then its up to them. Makes perfect sense. But now I’m 49 and I have discovered that 90% of success is basically showing up.
Its all fun and games in college when you wanted to chat up Suzy Q at the kegger on Thursday night and you blew off that lecture at 9AM on Friday because you were hung over, right? Then you turn 22 and Corporate America has many policies in place and one of them is that they insist you show up.
College I got straight A’s, Phi Beta Kappa, did the min. And then I graduated and before doing law school real life hit me like a ton of bricks. I wasn’t ready for that because college didn’t prepare me for the time burden of a full time position.
So yes, I get the infantalization argument, Professor, but now we have the years and have been wizened by experience to know that actually just getting in the habit of ‘showing up’ is actually more important the course. Frankly, if you ask me, that’s exactly what colleges fail to do.
Conversely that is kind’ve what high schools actually do. The bells and the time regimentation might be hallmarks of the industrial era but it begins to get the student ready for adult time management.
Get up, be on time!
David Seltzer
Nov 5 2021 at 6:11pm
Craig: Good points. I was not a professor. I was an instructor in finance. I was pursuing a PHD at that time.
Jose Pablo
Nov 5 2021 at 10:34pm
There are always very well-intentioned reasons to infantilize others.
But that’s precisely the bad thing about “infantilizing others”: we perpetuate current mistakes by imposing our beliefs in other individuals and leaving them with no room to “experiment” with different approaches (“obviously” for their own good).
What if today college students, left freer to do their will, end up eradicating the obvious stupidity of showing up being 90% of success in our society? (Which, in any case, is, I think, a clear overstatement).
Great quote from Tocqueville, Pierre!
Pierre Lemieux
Nov 6 2021 at 12:08am
If I understand you correctly, Craig, we should be of two minds. On the one hand, if a college caters to a crowd of parents and students who want a sensitive environment and infantilization, we have to accept this sort of trade. On the other hand, we might rise economic arguments (the impact on freedom of speech and innovation, for example) and moral arguments (that an infantilized adult will miss a lot in life) against those practices. Just as we may raise economic and moral arguments against drugs (or at least some drug abuse) but still think that adults should have the liberty to experiment and choose their own lifestyles.
The heavy intervention of governments in education messes and politicizes the whole situation though.
john hare
Nov 6 2021 at 5:30am
Is there a market for colleges that explicitly reject this sort of thing? Could they operate legally? What are the chances that parents or students might choose such an institution that did prepare for real life?
Craig
Nov 6 2021 at 10:50am
Just a quick note, Professor, Mr. Seltzer’s anecdote was about statements made perceived to be insensitive in the context he described which I took to be him communicating a ‘no attendance’ policy. Had he simply wrote ‘no attendance policy’ on the syllabus for the course, no student would have said anything. Discussing attendance policy’s generally in my response to Mr. Seltzer I am off a bit on a tangent!
Craig
Nov 6 2021 at 10:56am
At law school the law school did mostly have attendance policies. I believe these attendance policies were instituted to retain accreditation.
“Standard 308. ACADEMIC STANDARDS
(a) A law school shall adopt, publish, and adhere to sound academic standards, including those for
regular class attendance, good standing, academic integrity, graduation, and dismissal. ”
In large lecture hall settings this was typically a sign in sheet passed through the class and you had to sign it. In a large class one could sign it and leave. In smaller classes you weren’t going to get away with that.
Craig
Nov 6 2021 at 10:58am
Part of the reason I would have an attendance policy for undergraduate courses is because a ‘full’ load is considered to be 15 credit hours. Its literally half as onerous as high school. It was a four year “Fantasy Island” — a perfect example of how not to prepare young adults for actual adulthood. I’m sorry that was my takeaway.
David Seltzer
Nov 5 2021 at 6:08pm
Pierre: apologies for the punctuation and grammar errors. Thanks.
Everett
Nov 6 2021 at 4:18pm
I presume you learned a lesson about refusing a ‘request’ of your employer with respect to how you perform your job?
Tangentially, as a person who naively chose a poor-fit university, got depressed, stopped attending classes, and ultimately dropped out, I appreciate those professors who reach out to students who stop attending class or otherwise show signs of problems. It’s too bad most professors are those who had no show-stopping problems in school, and are thus themselves naive of the serious problems that they and their university are causing some of the students.
David Seltzer
Nov 6 2021 at 7:35pm
“I presume you learned a lesson about refusing a ‘request’ of your employer with respect to how you perform your job?” You presume incorrectly. My employer’s suggestion in no way altered what I believed was most important to me. To wit. Respect another’s right to choose. Why would I, in principle, apologize for behaving in accordance with a core value. The lesson for me, be my own person. It has served me well for nearly 80 years.
Everett
Nov 6 2021 at 11:06pm
You’ve been very fortunate in employers afterward then. Either that or in your ability to make ends meet when unemployed.
Everett
Nov 6 2021 at 11:07pm
And I never assumed you should apologize. I wouldn’t. But since I need my job to survive I would have adapted to the request.
Phil H
Nov 7 2021 at 4:25am
(1) A nice piece of evidence that the current political correctness is just like the old political correctness. It’s really not as new and scary as some like to claim.
(2) I will never understand the “don’t apologise” mindset. Why not? What do you lose by it? Particularly in this case: you said something in class that some of your students clearly did not understand. I teach sometimes, and if my students haven’t understood something (even if I made it perfectly clear), then I try telling them again.
I think there’s a bit of tension between the “don’t apologise” idea and the free speech idea. I mean, if apologies are that powerful that you can’t possibly contemplate making one, maybe speech is more powerful than you think, and it shouldn’t be free…
Everett
Nov 7 2021 at 12:15pm
Some people are hypersensitive to being accused of wrongdoing, and thus saying anything that could be perceived as an admission of wrongdoing. David straight up admitted that he was asked to “clarify” or “apologize”, yet seems to be hung up on the “apologize” part of the request. I see the world much like you do Phil, but I presume David is one of these people.
We’ve all got some trait that some others find perplexing, annoying, or otherwise non-understandable.
KevinDC
Nov 8 2021 at 11:50am
This might be a lost cause given that you’ve declared at the outset not just that you don’t understand the idea, but also declared in advance that you will never understand it, but hey, I’m a sucker for lost causes, so I’ll take a stab at it anyway.
I think the mindset in question is better described as “don’t apologize when you haven’t done anything wrong,” not “never apologize for anything no matter what”, as though apologies were terrible things to be avoided in and of themselves. As for what you lose by apologizing for something which doesn’t merit apology – your integrity? If I come to believe I’ve done something wrong, I will apologize for it. If I don’t believe I’ve done anything wrong, but still go through the motions of making an insincere apology, I’d only be condescending to them and be dishonest with myself. Who is benefitted by apologies coming from someone who doesn’t actually believe they have done anything to apologize for?
Which is not to say I think there’s nothing bad about causing offense. But there is a reciprocal element that I think is being lost. One should make an effort to not cause needless offense. But one should also make an effort to not take needless offense as well. It goes both ways. The onus is not solely on the speaker to always make sure they phrase things in a way that nobody could ever claim to be offended by – because that’s an impossible and unreasonable task. In my youth, I was a terribly sensitive person who got upset very easily. One of the better pieces of life advice I got from my father was along the lines of “If someone say something that can be interpreted in two different ways, and one of those ways makes you sad or angry, just assume they meant the other one, no matter how it felt to you at first.” This rule has never failed me – and has prevented a good deal of needless and perfectly avoidable mental anguish. Remembering and applying this rule has made me a significantly more resilient person than I once was, as well as less of an emotional and psychological drain on everyone else. If I had instead gone through life demanding everyone apologize to me anytime anything upset me, as though they were under obligation to treat my personal sensitivities as an unchallengeable and unquestionable restraint on their conduct, I’d only have made the world a more miserable place, for them but also for me. In short, it wasn’t their responsibility to walk on eggshells around me. It was my responsibility to work on myself. If everyone had instead applied your philosophy of “if he’s upset just apologize anyway, you won’t lose anything by it,” I would have turned out very much worse off as a person. I’m glad that people didn’t behave that way. I shudder to think how I would have developed had that been the case.
To use a real world example, a few years back the actor Michael Keaton was speaking at a movie awards ceremony. There were two movies up for an award, both of which were about the experiences of black Americans – one was Fences, and the other was Hidden Figures. At one point in the evening, Keaton got his words slightly garbled and said Hidden Fences – this kind of verbal mix-up is something that everyone has made a thousand times before. Of course, the woke world responded by screaming bloody murder about it and demanding that Keaton apologize for his transgressions. This, I contend, is absurd, and I don’t think Keaton should have apologized. If someone says something that can be interpreted in a perfectly mundane, innocuous way, but you instead interpret it in a way that makes you upset, then that’s on you. If someone responds to Keaton’s meaningless verbal gaffe by claiming to be emotionally traumatized and demanding an apology, then quite frankly, they are the one who is being a jerk and a bully. And bullies don’t stop bullying when the response is to give them what they demand or feel entitled to.
There may be people out there who have defended free speech on the grounds that speech is powerless, but I don’t think I’ve ever encountered one. On the contrary, many of the classic defenses of free speech (Milton’s On Liberty and Mill’s Areopagitica come to mind) as well as the contemporary defenses I’m familiar with, argue that speech should be free precisely because it is powerful. The Supreme Court has also upheld free speech time and again specifically because of the idea that speech is powerful as well. This is also true of the close cousin of free speech – the free press. Nobody I’m aware of has said “press should be free because the press is powerless.” The opposite is usually the contention – it’s precisely because the press can be such a powerful force, and no state can be entrusted with the level of power they’d gain by controlling the press.
KevinDC
Nov 8 2021 at 12:57pm
Ugh. Swap the names of Milton and Mill with the associated works in my above comment. Seriously Kevin. Drink more coffee.
David Seltzer
Nov 9 2021 at 11:59am
KevinDC…brilliant commentary as always. Thank you so much. As for more coffee, try a French press with espresso roasted beans ground for FP.
Everett
Nov 6 2021 at 4:10pm
On your final paragraph: While a variety of things cause a decrease in etiquette (such as the impersonality of modern commerce and large cities), probably a big, but overlooked, one is the government’s “sensitivity protection” of making duels illegal.
When people can no longer be held to account by a socially sanctioned demand for satisfaction there’s less of the natural inhibition against rudeness.
I just realized that ‘cancel culture’ may be society’s belated means of addressing the antisocial consequences of the elimination of duels and feuds.
Pierre Lemieux
Nov 7 2021 at 1:37pm
Everett: Challenging ideas. Tomorrow, 7:00 AM, at Weehawken.
More seriously, it seems to me that there is a big difference between etiquette and the rules of honor that had evolved into a sort of hyper-sensitivity. Also, I am not sure that the impersonal character of modern life has much to do with the decline of etiquette, which is in large part a way to organize impersonal relations. Paris already had more than half a million inhabitants in the mid-19th century.
An interesting bit from Britannica:
Everett
Nov 7 2021 at 2:43pm
Yeah, but you knew your neighbors, did your shopping from your neighbors, and spoke face-to-face with your neighbors.
Thanks for the info tidbit. That’s really interesting.
I don’t know that etiquette and rules of honor can really be separated (outside of things such as proper table manners) as they evolved in the same societies over time.
David Seltzer
Nov 7 2021 at 12:31pm
To those who commented on my post, They are thoughtful, useful and rendered in a civil manner. Thank you.
Juan Manuel Perez Porrua Perez
Nov 8 2021 at 4:47pm
Unlike rules of politeness, freedom of speech does not impose on anyone a positive obligation on individuals to say anything at all (which is why politeness can coexist with freedom of speech), but protect individuals vis-a-vis the State from being restricted by the state in their speech.
In other words, if you use freedom of speech to denigrate and to demean others, individually or collectively, you are doing something that you don’t have to do: it is entirely one’s own individual intention al choice to denigrate and to demean, which is why such “comedy” as David Chappelle’s is especially offensive. He doesn’t have to be mean, he could be polite, and he expressly chooses not to be. David Chappelle, and people like him, reveal their own rotten character with his intentional and public acts.
Say whatever you want, but don’t be surprised that when you say heateful, degrading, demeaning things, people are going to react strongly.
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