The ‘repressive tolerance’ of Trump The President has learnt from his enemies

Last year marked the 60th anniversary of the Berkeley Free Speech Movement, the point of origin for the type of campus activism Americans have since come to take for granted and which saw a dramatic resurgence amid the Gaza war. Now Team Trump has moved to deport Mahmoud Khalil, a leader of the pro-Palestinian movement at Columbia University, while taking other measures to crack down against campus protest. These moves return us to the question that drove the Berkeley protests: do students enjoy First-Amendment protection for the full range of free expression on campus? 

The American Right increasingly answers in the negative. In doing so, conservatives are staging their own version of the critical-theory doctrine deployed by progressives until recently to restrict speech.

The triumph of the Free Speech Movement appeared to accord students full rights to participate in the era’s public debate, which fit in with the broader dismantling of the in loco parentis paradigm, under which university administrators acted as parental authorities for students. Where the in loco parentis regime had consigned college students to a status of quasi-adulthood, the Berkeley protesters’ demands successfully redefined the campus as a space in which the full exercise of citizenship could occur; not coincidentally, the voting age was also lowered to 18 in many states during this period. 

In more recent years, the campus Left became widely associated with an anti-free-speech stance, while the Right has often laid claim to the ideals of the 1964 Berkeley students. Hence in 2017, it was the Right-wing provocateur Milo Yiannopolous who attempted to hold a “free-speech week” on the Berkeley campus, after an earlier talk he attempted to give there was shut down amid violent opposition from progressive activists.

It might seem, therefore, that Trump’s crackdown has returned us to the pre-1964 status quo, with progressives once again defending speech rights on campus and conservatives trying to limit them. But this isn’t the full story. In reality, the approach taken by the Trump administration has far more in common with the progressive speech regime than its enthusiasts would have you think. 

The Left’s turn against free-speech maximalism is often traced to a text that appeared soon after the Berkeley protesters’ apparent triumph, under the byline of one of the protesters’ heroes, the philosopher and New Left guru Herbert Marcuse. I refer to the essay “Repressive Tolerance”, in which Marcuse expanded on the central argument of his hugely influential 1964 book, One-Dimensional Man: that the ostensible freedoms of advanced industrial society masked its fundamental unfreedom.

Revisiting the foundational 18th– and 19th-century struggles for freedom of speech, Marcuse argued that their aim was not simply to establish a neutral public sphere. Rather, “the tolerance which enlarged the range and content of freedom was always partisan — intolerant toward the protagonists of the repressive status quo”. In other words, advocacy for unlimited freedom of speech was a tactic of opposition to dominant forces — a tactic that, according to Marcuse, had become obsolete. This is because unlike the ancien régime, the “repressive status quo” of advanced industrial society in fact benefits from a regime of “pure tolerance”. 

This was because, as Marcuse’s Frankfurt School colleagues Theodor Adorno and Max Horkheimer had first argued decades earlier, the 20th-century culture industry had become a regime of propagandistic mass deception that manufactured consent for what they called the “totally administered society”. Accordingly, arguments for free expression and other liberal rights now amounted, as Marcuse put it, to accepting “the toleration of the systematic moronisation of children and adults alike by publicity and propaganda”.

In contrast to authoritarian societies, “totalitarian democracy” bestows formal freedoms on its subjects, but these freedoms are negated by the overwhelming force of technological mass communication that tip the scales in favour of dominant social forces. By this account, demands for free speech like those made in Berkeley might ultimately serve to reinforce this broader unfreedom.

Marcuse’s paradoxical response to this impasse was to replace the value of “pure tolerance” of all views implicit in free-speech protections with what he called “liberating tolerance”, which, as he stated explicitly, “would mean intolerance against movements from the Right, and toleration of movements from the Left”. He characterised this proposal as “utopian”, since “no authority, no government exists which would translate [it] into practice”.

However, there was a way in which the approach he proposed was eventually put into practice. By gaining power and leverage within consensus-making institutions, especially universities and the media, the Left managed to tip the scales of tolerance against the Right, somewhat as Marcuse had counselled. The shift from an ostensibly neutral public sphere to one in which certain views coded as reactionary were subject to aggressive “intolerance” seemed to follow his prescriptions. Hence, Marcuse’s text has sometimes been read as a sort of ur-manifesto of cancel culture; the Left’s centrist and conservative critics have tended to fight back by reasserting “pure tolerance”. 

In the wake of the October 7 Hamas terror attack against southern Israel, however, conservatives dramatically shifted their criticisms of the progressive campus speech regime. From the Nineties battles over political correctness to the early 2020s wars over wokeness, their main concern was with universities’ censoriousness towards conservative-coded views. But their new focus is on the same institutions’ permissiveness towards extreme speech by Leftists — most notoriously, celebration of terrorist violence against Israeli civilians.

In other words, the criticism directed at universities shifted away from the “intolerant towards the Right” side of Marcuse’s equation, and toward the “tolerant towards the Left” side. Meanwhile, the Left correspondingly pivoted from demanding “intolerance towards the Right” — keeping Milo off-campus — to “tolerance towards the Left” — letting pro-Palestinian protesters protest, even if their speech may offend some. 

However, this reversal of positions was possible in part because it’s not only the Right/Left polarity that came to determine the range of permissible speech on campus in the post-Sixties era. Indeed, the unofficial campus speech regime didn’t so much legitimise itself in Right/Left terms as in terms of victimhood and oppression. A programmatic statement of this rationale can be found in the pioneering critical race theorist Mari Matsuda’s article “Public Response to Racist Speech”, published in 1989. In Matsuda’s account, it is speech by members of or on behalf of “historically dominant groups” and against “subordinated communities” that should be subject to “intolerance”, while speech going in the opposite direction, even if hateful or violent, should be subject to “tolerance”. 

Matsuda offered, in effect, an update on Marcuse’s “liberating tolerance”, processed through the classifications of civil-rights law. Instead of “the Left” being granted extra leeway, as Marcuse had demanded, it was members of oppressed groups who were to enjoy what Matsuda calls the “victim’s privilege”. In practice, this meant that when any speech generated controversy, the task was to identify oppressor and oppressed, then ensure that the latter is granted “the tolerance of hateful speech that comes from an experience of oppression”, whereas the former is subject to maximum intolerance. 

This is how the attempts to shut down controversial speakers at the height of last decade’s Great Awokening were justified. For instance, in 2017, New York University provost Ulrich Baer argued in The New York Times that efforts to prevent figures like Yiannopolous and Charles Murray from speaking on campus “should be understood as an attempt to ensure the conditions of free speech for a greater group of people, rather than censorship”. Intolerance toward oppressors, that is, equals tolerance toward the oppressed.

Matsuda defined universities as a “special case” because college students are “at a vulnerable stage of psychological development”. Accordingly, “tolerance of racist speech in this setting is more harmful than generalised tolerance in the community-at-large”. Gesturing back at Berkeley and other Sixties protest, Matsuda reaffirmed support for the protesters’ speech rights, but not on grounds of “pure tolerance”. Rather, she appealed to the “power imbalance” between students and “university administrators, multinational corporations, the US military, and established governments”. In other words, insofar as students can be construed as victims, their speech must be protected — but once they can be construed as victimisers, they can no longer lay claim to that privilege. 

The broader implication of the original Free Speech Movement’s demand was, again, that intramural speech be protected by the First Amendment in the same manner as extramural speech. The effect of this demand — like the other factors that eroded in loco parentis — was to merge the university with the broader space of rights-granted citizenship. But a further implication of this move, not necessarily evident to the student protesters when they made their demands, was to weaken the specificity of the university’s function within society: to form young adults.

It was perhaps an inevitable reaction to this drift and evacuation of institutional purpose that new forms of paternalism reemerged to substitute for in loco parentis, not least the differentiated speech regime outlined by Matsuda. This helped define a new moral, values-imparting mission for universities, which over decades became ever more explicitly oriented around social justice.  

Conservative and centrist critics of campus politics have documented the divisive and intellectually stultifying effects of this regime. Now that the Trump administration is attempting to force top-down change on the system, many who opposed it are celebrating.

Yet it should be clear from the administration’s single-minded focus on reining in pro-Palestinian protest — justified on the grounds of protecting Jewish students from harassment — that what it is offering is not at all a fundamental change from the status quo ante. On the contrary, Matsuda’s basic idea that speech must be regulated on the basis of whether it causes harm to a “subordinated community” remains fully in force; it is simply that a different minority group is now asserted to be in need of special protection. In other words, Trump is merely adjusting the dials of the prior campus speech regime, applying greater tolerance here and greater intolerance there. 

The real problem with this shift isn’t the apparent inconsistency with conservative opposition to cancel culture, but that the administration is leaving the deeper assumptions of the prior system for regulating speech intact. Universities need to be reformed, and reimagined, on a much more fundamental level. The post-in loco parentis integration of campuses into the broader realm of citizenship has failed to facilitate the responsible exercise of the citizenship. Rather, it has only succeeded at evacuating institutional purpose in favour of an incoherent mix of anything-goes consumerism and tendentious moralism.

Trump’s heavy-handed actions will succeed in suppressing some of the campus radicalism to which conservatives object. But they will leave intact the divisive and infantilising speech regime.

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