*Greenwald doesn't mention the ACLU piling on Meghan Murphy, and other
feminists, **for *
*planning a panel discussion, at the Seattle Public Library, of transgedner
ideology—an*
*event that came under intense fire, along with the library, by trans
activists and their woke*
*allies who wanted it shut down. Disgracefully, the ACLU came out against
the feminists, on*
*the grounds that their discussion would be "hate speech."*

*(FWIW, such attacks on free speech make me feel "unsafe"; yet I would
never argue that*
*those taking part in them should be prohibited from doing so.)*

*MCM*

The Ongoing Death of Free Speech: Prominent ACLU Lawyer Cheers Suppression
of a New BookFree speech has always been more than a Constitutional
guarantee: it's also a crucial societal value. And it's more imperiled than
ever.

https://greenwald.substack.com/p/the-ongoing-death-of-free-speech


<https://greenwald.substack.com/people/18792891-glenn-greenwald>
Glenn Greenwald
<https://greenwald.substack.com/people/18792891-glenn-greenwald>
Nov 15 374 360
<https://greenwald.substack.com/p/the-ongoing-death-of-free-speech/comments>

*In May of 2019, *a source in Brazil provided me with a massive archive of
secret documents downloaded from the telephones of powerful Brazilian
officials that consumed the next year of my life while reporting it (a new
<https://www.wired.com/story/brazil-hacker-bolsonaro-car-wash-leaks/>*Wired
<https://www.wired.com/story/brazil-hacker-bolsonaro-car-wash-leaks/>* article
published on Friday
<https://www.wired.com/story/brazil-hacker-bolsonaro-car-wash-leaks/> tells
part of that story). One of the effects of the ensuing intense controversies
<https://apnews.com/0e998ebedbd64f6d868a3fa570ed1f6c> was that I was unable
to finish an article I had been working on for months at the time: a
lengthy, deeply reported examination of the internal war engulfing the
ACLU, fueled by a raging conflict between its more traditional lawyers who
still believe in the primacy of free speech and the need to defend it and
the newer political liberal activists and lawyers who do not.

Among the people I interviewed was the organization’s long-time Executive
Director, Anthony Romero, who was forced to navigate the
post-Charlottesville controversy with a series of increasingly confusing
statements
<https://www.vox.com/2017/8/20/16167870/aclu-hate-speech-nazis-charlottesville>
designed
to appease not only public and donor anger over the defense by ACLU lawyers
of the right of white supremacists to march (after one killed a protester
with his car) but also* internal rage* that ACLU lawyers took that free
speech case. Romero insisted to me that the ACLU had not retreated from its
historic commitment to free speech nor its resolve to avoid partisan
politics despite a series of post-Charottesville memos
<https://www.wsj.com/articles/the-aclu-retreats-from-free-expression-1529533065>
 and a highly-funded election campaign
<https://www.newyorker.com/news/news-desk/the-aclu-is-getting-involved-in-elections-and-reinventing-itself-for-the-trump-era>
that
certainly gave the opposite appearance.
*Subscribe*

Numerous ACLU staffers told me that one of the most vocal and effective
advocates for a more “nuanced” free speech approach was Chase Strangio
<https://www.aclu.org/news/by/chase-strangio/>, the ACLU’s Deputy Director
for Transgender Justice of its LGBT & HIV Project, who I also interviewed.
I knew Strangio as an excellent lawyer who earned my admiration from his
years of dedication representing WikiLeaks whistleblower Chelsea Manning,
and I joined him once <https://m.youtube.com/watch?v=Ld-cMzvuURc> at the
ACLU headquarters for a videotaped discussion of that case. A measure of
Strangio’s massive influence is his inclusion in this year’s TIME 100 list
<https://time.com/collection/100-most-influential-people-2020/5888158/chase-strangio/>,
with a tribute from actress Laverne Cox.
<https://cdn.substack.com/image/fetch/f_auto,q_auto:good,fl_progressive:steep/https%3A%2F%2Fbucketeer-e05bbc84-baa3-437e-9518-adb32be77984.s3.amazonaws.com%2Fpublic%2Fimages%2F5c136903-d12e-43a6-90fa-78c5edd34c61_3434x2348.jpeg>LOS
ANGELES, CALIFORNIA - SEPTEMBER 22: Laverne Cox (L) and Chase Strangio
attend the 71st Emmy Awards at Microsoft Theater on September 22, 2019 in
Los Angeles, California. (Photo by John Shearer/Getty Images)

My interview with Strangio was too long ago for me to comfortably summarize
it, but suffice to say there was no question that his views on free speech
are sharply divergent from those that caused me to regard ACLU lawyers and
their free speech absolutism as among my childhood heroes. If you want to
hear reasons why the ACLU should be more reluctant to represent the free
speech rights of “dangerous” extremists and why free speech should give way
to other, more important values — views I vehemently reject — Strangio is
about the most thoughtful advocate I’ve heard in defense of that position.

On Friday, Strangio’s very un-ACLU-like views of free speech were on full
display. On Friday morning, Abigail Shrier — author of a new book exploring
the rapid, massive increase
<https://www.plasticsurgery.org/documents/News/Statistics/2017/body-contouring-gender-confirmation-2017.pdf>
 in teenage girls self-identifying as trans boys
<https://www.psychologytoday.com/us/blog/culture-mind-and-brain/201811/why-is-transgender-identity-the-rise-among-teens>
and
undergoing permanent gender reassignment therapies and surgeries in their
teens — published an article
<https://quillette.com/2020/11/07/gender-activists-are-trying-to-cancel-my-book-why-is-silicon-valley-helping-them/>
 in *Quillette *describing the extraordinary efforts by major corporations
and various activists to prevent her book from being purchased:

The efforts to block my reporting have been legion, starting with staff
threats at a publishing house, which quickly reversed its original
intention to publish my book. Once I obtained a stalwart publisher,
Regnery, Amazon refused to allow that company’s sales team to sponsor ads
on its site. (Amazon allows sponsored ads for books that uncritically
celebrate medical transition for teenagers)….

Because the book tackles an interesting phenomenon, a number of established
journalists wanted to review it….[T]he issue has created surprising
bedfellows. Religious conservatives are concerned about the trend—but so
are lesbians, who look upon the shocking numbers of teen girls
transitioning with abject alarm. Many suspect that all this transitioning
of girls is effectively euthanizing a generation of young lesbians….In any
case, every major newspaper and legacy magazine summarily turned interested
journalists down.

The recent protest by Spotify employees over Joe Rogan’s podcast was
triggered in large part by his decision to invite Shrier onto his program.
Many liberal employees inside the streaming service demanded this episode
be removed
<https://www.vice.com/en/article/xg8jq4/spotify-joe-rogan-transphobic>.
“Many LGBTQAI+/ally Spotifiers feel unwelcome and alienated because of
leadership's response in [Rogan’s] conversations,” was one of the questions
<https://www.inputmag.com/culture/spotify-ceos-support-for-joe-rogans-anti-trans-content-angers-staff>
posed
to Spotify’s CEO at a tense staff-wide meeting, along with a demand to know
why that program had not been deleted from the platform.

Note that what is being discussed here are not efforts to criticize or
protest Shrier and her book. Nobody disputes such criticisms would be
appropriate. It is much more extreme than that: an effort to prevent others
from hearing her views in her book — *i.e.*, censorship: not state
censorship, but corporate censorship.

After various commentators noted Shrier’s article, the ACLU’s Strangio
stepped forward to say that he not only agreed that the book was inaccurate
and harmful — which he obviously has every right to believe — but that
he *supported
and championed the efforts to stop its circulation*:
<https://cdn.substack.com/image/fetch/f_auto,q_auto:good,fl_progressive:steep/https%3A%2F%2Fbucketeer-e05bbc84-baa3-437e-9518-adb32be77984.s3.amazonaws.com%2Fpublic%2Fimages%2Ff454fa1b-bab8-445a-89ce-0d9897af4fc9_1372x676.jpeg>
<https://cdn.substack.com/image/fetch/f_auto,q_auto:good,fl_progressive:steep/https%3A%2F%2Fbucketeer-e05bbc84-baa3-437e-9518-adb32be77984.s3.amazonaws.com%2Fpublic%2Fimages%2Fdda7fd58-adcd-48cf-9990-889d566bef29_2035x707.jpeg>

It is nothing short of horrifying, but sadly also completely unsurprising,
to see *an ACLU lawyer *proclaim his devotion to “stopping the circulation
of [a] book” because he regards its ideas as wrong and dangerous. There
are, always have been, and always will be people who want to stop books
from being circulated: by banning them, burning them, pressuring publishing
houses to rescind publishing contracts or demanding corporations refuse to
sell them. But why would someone with such censorious attitudes, with a
goal of suppressing ideas with which they disagree, choose to go to work
for the ACLU of all places?

Share
<https://greenwald.substack.com/p/the-ongoing-death-of-free-speech?&utm_source=substack&utm_medium=email&utm_content=share&action=share>

Sometime on Friday, Strangio deleted that second tweet without comment, and
then noted he was locking his account. In response to a series of questions
I sent Strangio about his position, he told me that he had read the book
over the summertime and found it repellent. He said he deleted the tweet
because “ there were relentless calls to have me fired, which I found
exhausting as I was navigating work and childcare” and “it was supposed to
be a cheeky response to Bari [Weiss]
<https://twitter.com/bariweiss/status/1327101009164812289> not something to
be taken on its own terms without that context.” He told me, however, that
the book is dangerous:

The book and the arguments contained within it are fueling a wave of bills
in state legislatures to criminalize health care for trans youth including
through felony bans on the provision of care and forced outing of trans
youth by school officials (an actual serious First Amendment concern).

Strangio emphasized that “I am not speaking for the ACLU nor do I have the
ACLU in my Twitter bio” and, despite this tweet, insists that he “never
advocated with an entity to ban a book.” (My full exchange with Strangio,
including his full comments, is here
<https://twitter.com/ggreenwald/status/1328019232190304257>).

It is important to note that Strangio’s views are mostly definitely not
shared by everyone at the ACLU. Many of the group’s more traditional free
speech advocates still prioritize its civil liberties principles over
liberal politics and liberal political causes. As I noted when I defended
the organization in 2017
<https://theintercept.com/2017/08/13/the-misguided-attacks-on-aclu-for-defending-neo-nazis-free-speech-rights-in-charlottesville/>
for
its free speech representation in Charlottesville, the ACLU has defended
Milo Yiannopolous
<https://www.aclu.org/blog/free-speech/first-amendment-literally-banned-dc?redirect=blog/speak-freely/first-amendment-literally-banned-dc>
against
the Washington Metropolitan Area Transit Authority’s refusal to allow ads
for his book, and this year publicly defended the National Rifle Association
<https://www.wsj.com/articles/the-nra-has-a-right-to-exist-11598457143> against
the efforts by New York State General Letitia James to disband it.

But for numerous reasons, the ACLU — still with some noble and steadfast
dissenters — is fast transforming into a standard liberal activist group at
the expense of the free speech and due process principles it once existed
to defend. Those reasons include changing cultural mores, an abandonment by
millennials and Gen Z activists of the long-standing leftist belief in free
speech
<https://abc7news.com/uc-berkeley-mario-savio-free-speech-movement-50th-anniversary/326400/?ex_cid=kgospddsa>
and
replaced by demands that views they dislike be silenced (which in turn
causes Gen X and Boomer managers and editors fearful of losing their jobs
or being vilified to succumb to this authoritarianism); and a massive
influx of #Resistance cash
<https://www.washingtonpost.com/news/morning-mix/wp/2017/01/30/the-aclu-says-it-got-24-million-in-donations-this-weekend-six-times-its-yearly-average/>
donated
to the ACLU not in the name of civil liberties but stopping Trump and the
Republicans, much of which was used for political rather than legal
staff-building.

*Click on the link for the rest.*
---

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