There'S No Such Thing As Free Speech

In an era when much of what passes for debate is merely moral posturing--traditional family values versus the cultural elite, free speech versus censorship--or reflexive name-calling--the terms "liberal" and "politically correct," are used with as much dismissive scorn by the right as "reactionary" and "fascist" are by the left--Stanley Fish would seem an unlikely lightning rod for controversy. A renowned scholar of Milton, head of the English Department of Duke University, Fish has emerged as a brilliantly original critic of the culture at large, praised and pilloried as a vigorous debunker of the pieties of both the left and right. His mission is not to win the cultural wars that preoccupy the nation's attention, but rather to redefine the terms of battle. In There's No Such Thing as Free Speech, Fish takes aim at the ideological gridlock paralyzing academic and political exchange in the nineties. In his witty, accessible dissections of the swirling controversies over multiculturalism, affirmative action, canon revision, hate speech, and legal reform, he neatly eviscerates both the conservatives' claim to possession of timeless, transcendent values (the timeless transcendence of which they themselves have conveniently identified), and the intellectual left's icons of equality, tolerance, and non-discrimination. He argues that while conservative ideologues and liberal stalwarts might disagree vehemently on what is essential to a culture, or to a curriculum, both mistakenly believe that what is essential can be identified apart from the accidental circumstances (of time and history) to which the essential is ritually opposed. In the book's first section, which includes the five essays written for Fish's celebrated debates with Dinesh D'Souza (the author and former Reagan White House policy analyst), Fish turns his attention to the neoconservative backlash. In his introduction, Fish writes, "Terms that come to us wearing the label 'apolitical'--'common values', 'fairness', 'merit', 'color blind', 'free speech', 'reason'--are in fact the ideologically charged constructions of a decidedly political agenda. I make the point not in order to level an accusation, but to remove the sting of accusation from the world 'politics' and redefine it as a synonym for what everyone inevitably does." Fish maintains that the debate over political correctness is an artificial one, because it is simply not possible for any party or individual to occupy a position above or beyond politics. Regarding the controversy over the revision of the college curriculum, Fish argues that the point is not to try to insist that inclusion of ethnic and gender studies is not a political decision, but "to point out that any alternative curriculum--say a diet of exclusively Western or European texts--would be no less politically invested." In Part Two, Fish follows the implications of his arguments to a surprising rejection of the optimistic claims of the intellectual left that awareness of the historical roots of our beliefs and biases can allow us, as individuals or as a society, to escape or transcend them. Specifically, he turns to the movement for reform of legal studies, and insists that a dream of a legal culture in which no one's values are slighted or declared peripheral can no more be realized than the dream of a concept of fairness that answers to everyone's notions of equality and jsutice, or a yardstick of merit that is true to everyone's notions of worth and substance. Similarly, he argues that attempts to politicize the study of literature are ultimately misguided, because recharacterizations of literary works have absolutely no impact on the mainstream of political life. He concludes his critique of the academy with "The Unbearable Ugliness of Volvos," an extraordinary look at some of the more puzzing, if not out-and-out masochistic, characteristics of a life in academia. Penetrating, fearless, and brilliantly argued, There's No Such Thing as Free Speech captures the essential Fish. It is must reading for anyone who cares about the outcome of America's cultural wars.

Contains the author's investigations of issues in literary and legal theory, offering insights into diverse matters ranging from politics and education to literature and culture. "I appear before you," writes Stanley Fish, "by virtue of a mistake made by central casting which has tapped me for the role of ardent academic leftist, proponent of multiculturalism, and standard bearer of the politically correct." Indeed, as head of Duke University's English Department, Fish has drawn fire for supposedly championing campus speech codes (he does not, in fact); for his embrace of deconstruction (he would call himself a pragmatist), and for being a "professor who revels in his affluence" (as one journalist wrote)--despite his own status as a white male and a leading scholar in the traditional field of Renaissance literature. But as Adam Begley wrote in The New York Times Sunday Magazine, Fish is "the epitome of he academic as showman," a professor of both English and law who is "willfully provocative, politically conservative." In There's No Such Thing as Free Speech, Fish shows what all the fuss is about, with seventeen of his pivotal, provocative writings. Fish ranges across reverse discrimination, the First Amendment and hate speech codes, the nature of the law, and the state of the academy, lending his distinctive, insistent voice to the debate with sharply drawn and closely argued opinions. He goes straight to the core of America's orthodox platitudes, arguing that such liberal stand-bys as free speech, tolerance, equality, and nondiscrimination are meaningless in themselves; these concepts only exist in the context of the political views of those who invoke them (the assault on civil rights, he notes, has advanced under the David Duke banner "Equal Rights for All; Special Privileges for None"). Throughout, Fish applies techniques of literary criticism to the political debate, forcing us to examine the basis of our most sacrosanct principles. In the title essay, Fish writes that the First Amendment is "the first refuge of scoundrels." The concept of "free speech" always exists only in reference to speech which is banned in advance because it undermines the basis of a community; it takes a political struggle to decide where to draw the boundary of tolerance--and he finds good reason to put "hate speech beyond the pale. If left-leaning readers take comfort from such arguments, they will be discomforted in the second part of the book when Fish turns his searing critical attention to some of their cherished ideals and programs (including the expansion of tolerance and the politicization of humanistic studies). He concludes his critique of the academy by mocking the masochistic consumption of Volvos by affluent professors. Perhaps no other scholar in America has earned the notoriety achieved by Stanley Fish--notoriety he seems compelled to justify, relentlessly critiquing the values so many take for granted. This remarkable volume captures the essential Fish, with eloquent, witty, argumentative essays that are impossible to ignore.