Freedom of speech means freedom from interference, suppression or punitive action by the government—and nothing else. It does not mean the right to demand the financial support or the material means to express your views at the expense of other men who may not wish to support you. Freedom of speech includes the freedom not to agree, not to listen and not to support one’s own antagonists. A “right” does not include the material implementation of that right by other men; it includes only the freedom to earn that implementation by one’s own effort. Private citizens cannot use physical force or coercion; they cannot censor or suppress anyone’s views or publications. Only the government can do so. And censorship is a concept that pertains only to governmental action.
While people are clamoring about “economic rights,” the concept of political rights is vanishing. It is forgotten that the right of free speech means the freedom to advocate one’s views and to bear the possible consequences, including disagreement with others, opposition, unpopularity and lack of support. The political function of “the right of free speech” is to protect dissenters and unpopular minorities from forcible suppression—not to guarantee them the support, advantages and rewards of a popularity they have not gained.
The Bill of Rights reads: “Congress shall make no law . . . abridging the freedom of speech, or of the press . . . .” It does not demand that private citizens provide a microphone for the man who advocates their destruction, or a passkey for the burglar who seeks to rob them, or a knife for the murderer who wants to cut their throats.
The communists and the Nazis are merely two variants of the same evil notion: collectivism. But both should be free to speak—evil ideas are dangerous only by default of men advocating better ideas.
The difference between an exchange of ideas and an exchange of blows is self-evident. The line of demarcation between freedom of speech and freedom of action is established by the ban on the initiation of physical force.
In regard to the lawsuit to prevent a Nazi group from marching in Skokie, Illinois:
What I challenge (and not only because of that particular case) is the interpretation of demonstrations and of other actions as so-called “symbolic speech.” When you lose the distinction between action and speech, you lose, eventually, the freedom of both. The Skokie case is a good illustration of that principle. There is no such thing as “symbolic speech.” You do not have the right to parade through the public streets or to obstruct public thoroughfares. You have the right of assembly, yes, on your own property, and on the property of your adherents or your friends. But nobody has the “right” to clog the streets. The streets are only for passage. The hippies, in the 60s, should have been forbidden to lie down on city pavements. (They used to lie down across a street and cause dreadful traffic snarls, in order to display their views, to attract attention, to register a protest.) If they were permitted to do it, the Nazis should be permitted as well. Properly, both should have been forbidden. They may speak, yes. They may not take action at whim on public property.
I want to state, for the record, my own view of what is called “hard-core” pornography. I regard it as unspeakably disgusting. I have not read any of the books or seen any of the current movies belonging to that category, and I do not intend ever to read or see them. The descriptions provided in legal cases, as well as the “modern” touches in “soft-core” productions, are sufficient grounds on which to form an opinion. The reason of my opinion is the opposite of the usual one: I do not regard sex as evil—I regard it as good, as one of the most important aspects of human life, too important to be made the subject of public anatomical display. But the issue here is not one’s view of sex. The issue is freedom of speech and of the press—i.e., the right to hold any view and to express it.
It is not very inspiring to fight for the freedom of the purveyors of pornography or their customers. But in the transition to statism, every infringement of human rights has begun with the suppression of a given right’s least attractive practitioners. In this case, the disgusting nature of the offenders makes it a good test of one’s loyalty to a principle.
Only one aspect of sex is a legitimate field for legislation: the protection of minors and of unconsenting adults. Apart from criminal actions (such as rape), this aspect includes the need to protect people from being confronted with sights they regard as loathsome. (A corollary of the freedom to see and hear, is the freedom not to look or listen.) Legal restraints on certain types of public displays, such as posters or window displays, are proper—but this is an issue of procedure, of etiquette, not of morality . . .
The rights of those who seek pornography would not be infringed by rules protecting the rights of those who find pornography offensive—e.g., sexually explicit posters may properly be forbidden in public places; warning signs, such as “For Adults Only,” may properly be required of private places which are open to the public. This protects the unconsenting, and has nothing to do with censorship, i.e., with prohibiting thought or speech.