On Freedom of Expression
And Intellectual Property
It is often said that creative individuals, such as writers and artists, incline towards open-mindedness. They prefer change, spontaneity, and new social trends. They dislike stasis and conformity.
It has struck me as odd, then, that so many writers and artists in the year of our Lord two thousand and twenty-three exhibit hostility towards the freedom of speech. Theoretically, creative types should be the most open to free expression.1
And there was a time not so long ago when creatives proudly took up the banner of free expression. Indeed, what you’ll notice most often about creative individuals of a certain age is that they lament the recent shift away from what they remember as a strong culture of free speech.
I believe that someone who is creative, open-minded, and nonconformist should proudly support the freedom of expression. That includes expression that is “harmful to marginalized groups,” “traumatic,” and expressed by “revanchist” or “reactionary” types just as much as it includes the expression of individuals who subscribe to a certain set of beliefs about identity. It also includes the speech of religious institutions, businesses, political action committees, and various “hate-groups.”
I further believe that creative individuals who make a living from their work should be among the foremost champions of intellectual property rights, without which we cannot properly be compensated for our work. However, it is more natural that openminded individuals who prefer change might view property rights with suspicion. It is more logical, then, for some writers and artists to dislike intellectual property law.
In today’s essay, I’d like to explore the contours of freedom of expression and intellectual property, which should lead us into some interesting areas. I’ll explain where I come down on certain questions, not because I wish all my readers agreed with me, but because I believe in laying my cards on the table. It is my further hope that if I explain my own logic, others will come to understand the contours of these questions better, and perhaps grasp why individuals come to different conclusions on them.
Free Speech: