Those interested in the full story can find Flynn’s own account published by the excellent Quillette. But the nuts and bolts are that Flynn had written what sounds like a rigorously scholarly work called In Defense of Free Speech: The University as Censor and Emerald Press had scheduled it for publication in its September 2019 catalogue.
There the publishers had said:
“In Defense of Free Speech surveys the underlying factors that circumscribe the ideas tolerated in our institutions of learning. James Flynn critically examines the way universities censor their teaching, how student activism tends to censor the opposing side and how academics censor themselves, and suggests that few, if any, universities can truly be seen as ‘good’.”
But, then, in June Professor Flynn received an email from his publisher saying that they were regretfully no longer able to publish his work.
“Emerald believes that its publication, in particular in the United Kingdom, would raise serious concerns. By the nature of its subject matter, the work addresses sensitive topics of race, religion, and gender. The challenging manner in which you handle these topics as author, particularly at the beginning of the work, whilst no doubt editorially powerful, increases the sensitivity and the risk of reaction and legal challenge.”
Emerald then gives two main reasons for refusing to publish the manuscript. First, that the work “could be seen to incite racial hatred and stir up religious hatred under United Kingdom law”. Though keen to stress that they were aware that there was no such intent on the part of the author, the publisher did add that because of “modern means of digital media expression…The potential for circulation of the more controversial passages of the manuscript online, without the wider intellectual context of the work as a whole and to a very broad audience — in a manner beyond our control —represents a material legal risk for Emerald.”
That is an extraordinary thing in itself. For it is true that the online world can pick up a piece of anything and make it into a worldwide social media storm. But the simple job of all grown-ups — let alone grown-ups who believe in free speech — in such a situation is not to bow to the storm, but to say, “So what?”
Emerald had another justification at hand.
“Secondly, there are many instances in the manuscript where the actions, conversations and behaviour of identifiable individuals at specific named colleges are discussed in detail and at length in relation to controversial events. Given the sensitivity of the issues involved, there is both the potential for serious harm to Emerald’s reputation and the significant possibility of legal action.”
The only possible interpretation of these words is that in recounting the outrages at various colleges and universities in recent years (such as the assault and hospitalisation of Professor Allison Stanger at Middlebury College in 2017), some of the authorities who had culpability for such actions might have been named. And some of them might have minded being named. And some of them may have sued.
This is familiar terrain. In 2006, the book Alms for Jihad by Millard Burr and Robert O Collins was published in America but not in the UK; it was believed that Britain’s libel laws would make it possible for at least one of the wealthy individuals named in the book as having provided material support for terrorism to sue. That may have been a legitimate fear then (since the slight reform of the libel laws in Britain it is a slightly less serious fear today). And it may be an illegitimate fear now (just how many millions will an American academic be willing to burn in the UK courts to deny something that is true?). But it is also a pusillanimous decision and one which any publisher should be ashamed of themselves for conceding, let alone kow-towing to.
But that returns me to the point I started off at. Which is that what Emerald’s weaselly communication actually offers is a weaselly reminder that to a great extent the publishing industry has stopped being a place for the fair and free exchange of ideas. It has instead, in significant part, become a body which believes that its job is in some way to hold the line on what is acceptable discussion and what is not.
If that line were put around, say, Holocaust denial materials (as it is) then that may be all well and good. But in recent years much of the publishing industry in countries such as the UK, US and Australia has seen fit to attempt to anathematise views which are held by large swathes – even majorities – in the general public.
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