Free Speech for Me but Not for Thee

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The American right has lost the plot on free speech. The passage of Florida’s House Bill 1557, which bans “classroom instruction” on “sexual orientation and gender identity” in kindergarten through third grade and in a manner that isn’t “age appropriate or developmentally appropriate” in all grades, K–12, is merely the latest in a string of what the free-speech-advocacy organization PEN America has called “education gag orders” that have been proposed by Republicans and passed by red-state legislatures from coast to coast.

As the Republican Party evolves from a party focused on individual liberty and limits on government power to a party that more fully embraces government control of the economy and morality, it is reversing many of its previous stances on free speech in public universities, in public education, and in private corporations. Driven by a combination of partisan animosity and public fear, it is embracing the tactics that it once opposed.

To understand the transformation of Republican legal priorities, one need not turn back the clock very far. For more than 20 years, the dominant conservative mantra in education could be summed up in two words: free speech. The reason for the emphasis on free speech was crystal clear—college campuses had enacted speech codes at a breathtaking rate.

In the effort to make campuses more welcoming to historically marginalized communities, colleges promulgated speech regulations that were designed