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JONATHAN TURLEY: France’s free speech crackdown shows what happens when politicians define truth

French President Emmanuel Macron went full Orwell recently. While long the darling of Western media, Macron has been one of the most anti-free-speech leaders in the world. On Sept. 29, he declared that “The so-called American ‘free speech’ today, which some people have promoted, is the opposite of free speech.” Having Emmanuel Macron holding forth on free speech is akin to Joey Chestnut proselytizing on veganism.

France has been in a headlong plunge into censorship and speech criminalization. These laws criminalize speech under vague standards referring to “inciting” or “intimidating” others based on race or religion.

For example, fashion designer John Galliano was found guilty in a French court on charges of making antisemitic comments in a Paris bar in 2010 and 2011.

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In another case, the father of French conservative presidential candidate Marine Le Pen was fined because he had called people from the Roma minority “smelly” in 2013. A French teenager was charged for criticizing Islam as a “religion of hate” in 2020.

Many of us were disgusted recently when Macron celebrated Brigitte Bardot’s life as someone who “embodied a life of freedom.” As I discussed, the French government repeatedly prosecuted Bardot for speaking about her views.

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Macron’s praise for Bardot’s “life of freedom” is reminiscent of the reaction of French officials to the massacre of editors at Charlie Hebdo, a satirical magazine. After hounding the victims for years with criminal investigations, the French government organized a march for free speech. As predicted, it then used the killing by Islamic extremists to further crack down on free speech.

In my book “The Indispensable Right,” I discuss how France has careened down the slippery slope of censorship for decades, and the desire to silence others has now become an insatiable appetite.

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Macron has supported figures like his anti-free-speech ally Thierry Breton in globalizing the reach of the infamous Digital Services Act (DSA) to curtail speech, including Americans and American companies.

In his latest pitch for censorship, Macron pulls out an old saw that if everyone can speak freely, no one can speak freely.

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Macron declared that: “There is no freedom if there is no limit to my freedom, which begins with the freedom of others and respect for a common framework. I know this when I walk down the street: my freedom cannot mean hitting you, insulting you or trashing the public space we all share.”

That line is remarkably telling. It captures how even “insulting” language is treated as a crime in France.

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Since then, France has been a leader in the rollback of free speech in the West, with ever-widening laws curtailing free speech. France regularly charges people for political and religious speech, including comedians and those criticizing the police.

Macron’s visceral reaction to free speech is shared by many in the European Union.

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I spoke in Berlin at the World Forum, which boasted the slogan, “A New World Order with European Values.” Former President Bill Clinton and his wife, former Secretary of State Hillary Clinton, and other Americans cheered on the European efforts.

The Digital Services Act bars speech that is viewed as “disinformation” or “incitement.” When it was passed over the condemnations of many of us in the free speech community, European Commission Executive Vice President Margrethe Vestager celebrated by declaring that it is “not a slogan anymore — that what is illegal offline should also be seen and dealt with as illegal online. Now it is a real thing. Democracy’s back.”

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Despite his unpopularity in France, Macron remains a favorite of the establishment and the media in the United States. I was appalled years ago when he came to Congress to spread his anti-free speech gospel. Macron called for a joint war against “fake news” and declared, “Democracy is about true choices and rational decisions. The corruption of information is an attempt to corrode the very spirit of our democracies.”

Our representatives applauded like seals with little recognition that he was referencing censorship. Macron believes that he should be able to dictate which views are “corrosive” to the spirit of democracy.

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The claim that more speech means less speech is an oxymoronic talking point of the anti-free-speech movement. As I discussed in my book, there has not been a single censorship system in history that has worked to kill a single idea or movement. Instead, it has given more power to politicians like Macron to silence critics and intimidate opponents.

In the end, the only true solution to bad speech is better speech. The public can sort out its own values and weigh opposing views without the strict guidance of the government. Free speech serves as its own disinfectant.

Ultimately, allowing people not just free inquiry, but free expression bends the arc of humanity toward truth. Hate and prejudice are inherently flawed values that tend to collapse when exposed to full, robust debate.

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That does not mean that it will eliminate racism, sexism or other forms of hate. Neither censorship nor free speech can make everyone better people. However, what Macron is peddling is the same tired, dishonest claim that free speech is harmful, and the government must control what people see and say in public discourse.

This is a nation that still echoes the cry of Liberty, Equality and Fraternity (“liberté, égalité, fraternité”). However, in today’s France, “liberté” remains a declining value. Individual rights of religion and speech are routinely sacrificed in the name of “equity” and “fraternity.”

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