What “freedom of the press” should mean

The new pamphleteers.

The phrase “freedom of the press” is perhaps so familiar that its historical origin, and its possible meanings, can be overlooked. 

The “press” to which it refers is often identified by many in England with the big-P Press of Fleet Street: the professional journalists who have “press cards” and go along to “press awards”; the very sort of people who we imagine once upon a time wore “press hats”, were inspired by Scoop, and regularly gossiped and drank at El Vinos. 

Here, the “freedom of the press” is the general right of the gentlemen and ladies of the Fourth Estate to do as they wish without impediment.

But this may not be the best way of understanding the term.  In fact, the expression “freedom of the press” significantly predates the existence of the modern newspaper industry, which was largely a product of the late 1800s and early 1900s.  Instead, the expression “freedom of the press” came out of the great age of pamphleteering and protest which occurred during and after the civil wars in Britain of the mid-1600s.  The actual formulation seems to have been first used in the 1660s, although the concept was promoted emphatically a couple of decades before by John Milton in his Areopagitica of 1644.

So when the term was first deployed it was not a label for the privileges of any big “P” Press consisting of a professional journalistic class working on a finite number of publications, for such a class of people did not then exist.  It would appear to have had a more straightforward meaning: it described the general right of every person to have access to and make use of (literally) a press so as to publish to the world at large, without the intervention of licensors or censors. 

In this way “freedom of the press” was not some entitlement of a media elite but a more basic right of anyone to circulate their ideas more widely than they could do simply by themselves.

And this general freedom was crucial.  Before the rise of newspapers, and long before the extensions of the franchise and the existence of telecommunications and broadcast media, any right to free expression would have had little effect if all what one said or wrote was limited to being received by those around you and your correspondents.  The ability to physically mass publish material was the key means by which wider circulation could be gained for a contribution on a matter of general importance.

If “freedom of the press” is taken with this meaning then its application to internet-based communication is obvious.  Computers, mobile telephones, and tablets have replaced presses as the means by which any person can publish their opinions to the world and assert unwelcome facts in the face of the powerful.  Accordingly, blogging and tweeting are more akin to pamphleteering than newspaper reporting.  And like pamphleteers, bloggers and tweeters are fully subject to the perils of the law of the land but not to any sector-specific regulatory code. 

Sometimes one hears politicians and others talk of “regulating blogging” as if just by saying it makes it a practical possibility.  However, any attempt to license blogging is as inherently absurd and likely to be as futile as an attempt to license pamphleteers; the whole point is that anyone can go off and produce a pamphlet just as anyone can now write on the internet and seek the public’s attention.  This does not mean that the blogger is free from the laws relating to, say, libel or copyright; but it does mean that, subject to the general law, they can publish and even broadcast on the internet as they please.  It is this ability for anyone to publish which may now be a better meaning of “freedom of the press”.

For, as Nick Cohen has recently argued, we are all journalists now.

 

 

David Allen Green is legal correspondent of the New Statesman and the author of the Jack of Kent blog.

A bas-relief (c. 1450) of the German printing pioneer Johannes Gutenberg checking his work while his assistant turns the press. Photo: Getty Images

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

Spudgun67 via Creative Commons/https://creativecommons.org/licenses/by/2.0/
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It might be a pseudo science, but students take the threat of eugenics seriously

Today’s white nationalists and neo-Nazis make extensive use of racist pseudo-science to bolster their political arguments.

In January, the London Student published my investigation, which showed that the controversial columnist Toby Young attended the London Conference on Intelligence, secretly held at University College London. Shortly afterwards, I mentioned to someone in a pub smoking area that I go to UCL. “Did you hear about the eugenics conference?” he asked me.

He was an international student from Africa. “I applied to UCL partly because I thought it was safer than other universities, but now I’m not so sure. I worry about how many other professors hold the same opinions.”

A protest outside the UCL Provost’s office after the article was published attracted scores of students. “I have a right to come to university and not fear for my safety,” one told the crowd, exasperated. “Nothing has been done, and that’s what really scares me.”

While hecklers derided the protest as an overreaction, students have good reason for taking eugenics seriously. UCL has a long history of support for scientific racism, beginning with Francis Galton, the Victorian polymath who, among other achievements, founded the science of eugenics. UCL’s Galton Chair in National Eugenics, which survived under that name until 1996, was first held by Karl Pearson, another ardent racial eugenicist. Pearson talked about creating a nation from “the better stocks” while conducting war with the “inferior races”, and in 1925 co-authored an article published in the Annals of Eugenics warning of the dangers of allowing Russian and Polish Jewish children into Britain. The London Conference on Intelligence was held in a building named in Pearson’s honour.

Eugenics is most closely associated in the popular imagination with fascism, and the twisted ideology of the Nazi party. Yet racial eugenics was closely linked to wider European imperialism, as illustrated by one object in the Galton collection, contributed by Pearson. Dr. Eugene Fischer’s hair colour scale is a selection of 30 different synthetic hair varieties in a tin box, a continuous scale from European to African. Fischer’s work was used in the early 20th century by Germany to ascertain the whiteness of Namibia’s mixed-race population, even before it was used by the Nazis to design the Nuremburg Laws. In apartheid South Africa, Afrikaans researchers used his tools as late as the 1960s.

Its importance to the imperial project meant that eugenics enjoyed widespread support in British scientific and political establishments. Galton’s Eugenics Society, set up to spread eugenicist ideas and push for eugenic policies, had branches in Birmingham, Liverpool, Cambridge, Manchester, Southampton and Glasgow, drawing hundreds of academics to their meetings. It was a movement of the educated middle class, including leading progressives such as John Maynard Keynes, Marie Stopes and the Fabians. Society presidents hailed from the universities of Edinburgh, Oxford, Cambridge, LSE, and UCL.

With this history in mind, it is easier to understand why students take the UCL eugenics scandal so seriously. Science journalist Angela Saini, who has been researching the history of race science for her upcoming book, argues that the problem lies in the co-opting of pseudoscience for political purposes. “These people are on the fringes, they’re not respected in mainstream academia,” she says. “The problem is when people like Toby Young come in from outside and use these studies to promote their own political agenda.” (Young said he attended the conference purely for research).

The rise of the far-right in Europe and America also means that the tolerance afforded to racist pseudoscience is not a purely academic question. Today’s white nationalists and neo-Nazis make extensive use of racist pseudoscience to bolster their political arguments.

Our investigation into the London Conference on Intelligence uncovered the involvement of at least 40 academics from at least 29 different universities in 15 different countries. Among these was the Oxford academic Noah Carl, a postdoctoral researcher in the social sciences at Nuffield College, who has spoken twice at the London Conference on Intelligence. Carl has also written several papers for Emil Kirkegaard’s OpenPsych, which include two looking at whether larger Muslim populations make Islamist terrorism more likely, and one suggesting that British stereotypes towards immigrants are “largely accurate”.

One external reviewer responded to the last paper by stating that: “It is never OK to publish research this bad, even in an inconsequential online journal.” Nevertheless, the paper was featured by conservative US website The Daily Caller, under a picture of Nigel Farage’s “Breaking Point” poster. The far right European Free West Media cited the paper to claim that “criminal elements are represented by certain ethnic groups”, and on the blog of a far-right French presidential candidate under the headline “Study validates prejudices”. It even ended up on InfoWars, one of the most popular news websites in the USA, and can be found circulating on far-right corners of Reddit. The fact that Carl is linked to Oxford University was mentioned frequently in the coverage, providing legitimacy to the political opinions presented.

Another contributor to the London Conference on Intelligence was Adam Perkins of King’s College London, whose book The Welfare Trait proposed that “aggressive, rule-breaking and anti-social personality characteristics” can be “bred out” of society by reducing child support for those on the lowest incomes. Perkins actively engaged with far-right media outlets in promoting his book, appearing in hour-long interviews with Stefan Molyneux and Tara McCarthy. Molyneux doesn’t “view humanity as a single species because we are not all the same”, and argues that “ordinary Africans were better off under colonialism”. McCarthy was banned from YouTube for alleging a conspiracy to commit “white genocide”, and supports deporting naturalised citizens and “killing them if they resist”. Perkins himself attracted criticism last year for tweeting, alongside data from Kirkegaard, that Trump’s Muslim ban “makes sense in human capital terms”.

Perkins is not the first KCL academic to use his platform to promote contested science in the far-right press. In the 1980s, the Pioneer Fund supported the work of Hans Eysenck, whose work has been credited by his biographer with helping to “revive the confidence” of “right-wing racialist groups” such as the National Front by providing an “unexpected vindication from a respectable scientific quarter”. The original mandate of the Pioneer Fund was the pursuit of “race betterment”; it is considered a hate group by the US civil rights group the Southern Poverty Law Center. KCL did not respond to a request for comment.

An association with a high profile university can help bigots to legitimise their beliefs, but the infiltration of mainstream academia by eugenicists is even more complex than this.

After we exposed his involvement with eugenicists, Toby Young pointed out that the conference at which he actually spoke, that of the International Society for Intelligence Research (ISIR), was “super-respectable” and attended by “numerous world-renowned academics”.

He is entirely correct. The ISIR is home to many great scientists, and its journal Intelligence is one of the most respected in its field. Yet Richard Lynn, who has called for the “phasing out” of the “populations of incompetent cultures”, serves on the editorial board of Intelligence, along with fellow director of the Pioneer Fund Gerhard Meisenberg, who edits Lynn’s journal Mankind Quarterly. Two other board members are Heiner Rindermann and Jan te Nijenhuis, frequent contributors to Mankind Quarterly and the London Conference on Intelligence. Rindermann, James Thompson, Michael Woodley of Menie and Aurelio Figueredo, all heavily implicated in the London Conference on Intelligencehelped to organise recent ISIR conferences. Linda Gottfredson, a Pioneer Fund grantee and former president of the ISIR, famously authored a letter in the Wall Street Journal defending Charles Murray’s assertion that black people are genetically disposed to an average IQ of “around 85”, compared to 100 for whites.

The tolerance afforded to eugenicists threatens the reputation of respectable scientists. Stephen Pinker, the world-renowned cognitive psychologist, spoke at last year’s ISIR conference. Another speaker at the conference, however, was the aforementioned Emil Kirkegaard, a “self-taught” eugenicist who has written a “thought experiment” which discusses whether raping a drugged child could be defended, and whose research into OKCupid made international headlines for its “grossly unprofessional, unethical and reprehensible” use of personal data.

Saini spoke to Richard Haier, editor-in-chief of Intelligence, about the involvement of Lynn and Meisenberg. “He defended their involvement on the basis of academic freedom,” she recalled. “He said he’d prefer to let the papers and data speak for themselves.”

Publishing well-researched papers that happen to be written by eugenicists is one thing, but putting them in positions of editorial control is quite another. “Having researched Lynn and Meisenberg, I fail to understand how Intelligence can justify having these two on the editorial board,” Saini said. “I find that very difficult to understand. Academic freedom does not require that these people are given any more space than their research demands – which for a discredited idea like racial eugenics is frankly minuscule.” I contacted the ISIR but at time of publishing had received no response.

UCL has published several statements about the London Conference on Intelligence since my investigation. In the latest, released on 18 January 2018, the university said it hoped to finish an investigation within weeks. It said it did not and had not endorsed the conference, and had formally complained to YouTube about the use of a doctored UCL logo on videos posted online. UCL’s President described eugenics as “complete nonsense” and added: “I am appalled by the concept of white supremacy and will not tolerate anything on campus that incites racial hatred or violence.” UCL management has also agreed to engage with students concerned about buildings being named after eugenicists.

UCL’s statement also stressed its obligation “to protect free speech on campus, within the law, even if the views expressed are inconsistent with the values and views of UCL”.

Yet there is a direct link between the tolerance of eugenicists in academia and the political rise of the far-right. Journals and universities that allow their reputations to be used to launder or legitimate racist pseudo-science bear responsibility when that pseudo-science is used for political ends. As one UCL student put it: “This is not about freedom of speech – all violence begins with ideas. We feel threatened, and we want answers.”

Ben van der Merwe is a student journalist.