President-elect Joe Biden’s transition team leader for US-owned media outlets wants to redefine freedom of speech and make “hate speech” a crime.
Richard Stengel is the Biden transition “Team Lead” for the US Agency for Global Media, the US government media empire that includes Voice of America, the Middle East Broadcasting Networks and Radio Free Europe/Radio Liberty.
Stengel, an Obama administration alumnus, wrote last year in a Washington Post op-ed that US freedom of speech was too unfettered and that changes must be considered.
He wrote: “All speech is not equal. And where truth cannot drive out lies, we must add new guardrails. I’m all for protecting ‘thought that we hate,’ but not speech that incites hate.”
Stengel offered two examples of speech that he has an issue with: Quran burning and circulation of “false narratives” by Russia during the 2016 election.
“Even the most sophisticated Arab diplomats that I dealt with did not understand why the First Amendment allows someone to burn a Koran. Why, they asked me, would you ever want to protect that?” Stengel wrote.
“It’s a fair question. Yes, the First Amendment protects the ‘thought that we hate,’ but it should not protect hateful speech that can cause violence by one group against another. In an age when everyone has a megaphone, that seems like a design flaw.”
Stengel wrote that “our foremost liberty also protects any bad actors who hide behind it to weaken our society,” adding, “Russian agents assumed fake identities, promulgated false narratives and spread lies on Twitter and Facebook, all protected by the First Amendment.”
Stengel until recently worked as a paid MSNBC contributor. He led the National Constitution Center from 2004 to 2006, and was under secretary of state for public diplomacy and public affairs from 2014 to 2016 during the final years of the Obama administration.
“Since World War II, many nations have passed laws to curb the incitement of racial and religious hatred. These laws started out as protections against the kinds of anti-Semitic bigotry that gave rise to the Holocaust. We call them hate speech laws, but there’s no agreed-upon definition of what hate speech actually is. In general, hate speech is speech that attacks and insults people on the basis of race, religion, ethnic origin and sexual orientation,” Stengel wrote.
“I think it’s time to consider these statutes. The modern standard of dangerous speech comes from Brandenburg v. Ohio (1969) and holds that speech that directly incites ‘imminent lawless action’ or is likely to do so can be restricted. Domestic terrorists such as Dylann Roof and Omar Mateen and the El Paso shooter were consumers of hate speech. Speech doesn’t pull the trigger, but does anyone seriously doubt that such hateful speech creates a climate where such acts are more likely?”
USAGM and VOA leadership ranks were gutted this year as Trump-nominated CEO Michael Pack, a conservative filmmaker, sought to reform the agency. Pack fired and suspended executives over a pro-Biden video produced by VOA Urdu and for allegedly faulty security checks in hiring foreign workers.