Tag Archives: free speech

A Note on the Latest No-Platforming

There are currently a number of arguments being made on both sides of the question whether the no-platforming of Peter Tatchell constitutes censorship. I won’t say they are all good arguments; but I’d like to suggest there’s more at stake in all this than the speech rights of one very outspoken person. This thought was brought home to me by a turn of phrase in Jerry Coyne’s very thorough post on the Tatchell affair:

If someone is invited to an event and then is disinvited, or someone who’s already agreed to speak at an event withdraws because they don’t like the views of another invited speaker, then that is a kind of censorship, as it constitutes breaking an agreement previously made in an effort to prevent someone’s views from being expressed and heard.

Censorship might well have been the intended outcome of Fran Cowling’s childish refusal to take part in a debate with someone who had signed a letter defending the free speech of Germaine Greer and other writers whose views she found unsavory. I don’t know for certain that she meant to do anything other than stomp her feet in public (some people call this behavior “virtue signaling”) or if she had thought her actions all the way through.

All that involves very complicated questions about her intentions and so on, and it’s beside the simpler point I want to make. Before jumping into questions of what Cowling intended or what were the intended or unintended consequences of her actions, I suggest we pause to consider the simple fact that (as Coyne puts it, or almost puts it) Cowling broke an agreement. Full stop.

Of course, we make and break agreements all the time, sometimes reaching and then rescinding an agreement jointly with others, and sometimes in violation of commitments we’ve made, or without fulfilling the explicit or implicit terms of the agreement. It’s in making and breaking agreements where we come up against questions of what we owe each other.

In this instance, the breaking of the agreement could stand at least as much discussion as the censorship question or the question what Cowling hoped to accomplish by breaking the agreement. It’s not simply that Cowling broke or withdrew from the agreement she’d made to appear alongside Tatchell. He’s even said that he’s ok with that (“She has a right to refuse to speak alongside me, but not to make witchhunting, McCarthy-style, untrue allegations.”). It’s her denouncing him as a “racist and a transphobe” that really bothers him.

But there was a much much more basic agreement in place even before the invitation to either speaker was made, and that’s something like a shared commitment to debate, or the very idea that it’s worth talking things over and listening to what others have to say — as opposed to, say, might makes right or some equally ugly proposition. It’s hard to believe that this even needs saying: when we deny others who share a commitment to talking things over the standing to talk, we wrong them and invite all sorts of abuses against them and against ourselves.

This is one reason why Cowling’s actions appear to be unethical and dangerous even if it can be argued that they are not, as her supporters insist, a violation of Tatchell’s individual rights.

Citizen Investors and Citizens United

Home Depot’s Spring 2011 proxy report will include a proposal seeking shareholders’ say on political spending done by the corporation. This proposal is the first of its kind. Chances are it will not be the last.

If shareholders approve the resolution, where and how Home Depot funnels money into the political process and influences elections will be subject to shareholder approval.

Home Depot did not exactly welcome this development. According to documents filed with the SEC[pdf], the company resisted the proposal, arguing that such a resolution would impinge upon and restrict “ordinary business of the company.”

More specifically, Home Depot took three legal tacks, all involving various clauses of SEC rule 14a-8, governing proposals of security holders. First, they invoked SEC rule 14a-8(i)(3), “that the proposal is [too] inherently vague or indefinite…to determine with any reasonable certainty exactly what actions or measures the proposal requires.” Second, they tried rule 14a-8(i)(7), that the proposal seeks “to micromanage the company.” Last, they tried invoking rule 14a-8(i)(10), “that Home Depot has substantially implemented the proposal.”

These are hardly original arguments – we don’t know what you’re asking, you’re trying to tie our hands, we’re already doing this — and they did not carry the day. Writing on behalf of the SEC, Attorney Bryan J. Pitko found all three arguments to be without merit.

“In ruling in favor of allowing the proposal,” writes Sanford Lewis, an attorney who defended the proposal on behalf of Northstar Asset Management, “the [SEC] has essentially determined that after Citizens United, corporate political spending is a significant social policy issue and shareholders can seek to have input on management’s decisions.”

How this will all turn out remains uncertain. As Lewis admits, “a majority of institutional investors typically support whatever the management of a company thinks is appropriate.” But in the absence of any new law restraining corporate speech, “citizen investors” like those Lewis represents may be able take back some of the ground that was lost – or given away by the courts — in Citizens United.