Freedom of Speech – A New Perspective


Recently there had been much publicity in the media about the lax standards of Facebook in allowing false and inaccurate information to be posted. One of the great liberties of Western society is freedom of speech. In former times, much of society lived in fear that any words they said or wrote could be used against them, interpreted as connoting something negative regarding the government or the official religion of the state. In some countries, this was taken to a fearsome extreme. In the mid-1930s in Germany, Rabbi Shimon Schwab lectured one Shabbos about the sin of the golden calf. Rabbi Schwab explained that this was not true idol worship. Rather, since Moses had ascended Mt. Sinai and not returned at the expected time, the Jews wanted to use the calf as a replacement for Moses. The calf was to serve as a “middleman” between them and Hashem. Rabbi Schwab explained that, in truth, Jews should relate directly to G-d without a middleman. He said, “We did not need a mittler (German for middleman).” An informer told the Nazis that Rabbi Schwab had said that we do not need “Hitler.” Rabbi Schwab was heavily interrogated and ultimately had to flee the country.

In light of this, we have much to appreciate in our society’s right to freedom of speech. But does freedom of speech have its limits? May I say whatever I want about whomever I want? To answer this question from a Jewish perspective, we will delineate the Torah’s views on speech and communication in general. But first let’s take detour to discover the Jewish definition of freedom.

Pesach, which is almost upon us, is called zman cheiruseinu, the occasion of our freedom. But we can ask, was this truly freedom? True, we were no longer enslaved to the Egyptians, but weren’t we loaded down with 613 commandments from Hashem? Hashem Himself calls the Jews his subjects. The Jews merely went from one master to another. Where was the freedom?

To answer this, we must define freedom. We are used to thinking that a free man is one who can do whatever he wants. But is this really so? When we insist that our eight-year-old go to sleep at his bedtime and not stay up until 11 p.m., are we enslaving him? What about when we require our children to eat a wholesome dinner and not fill up on junk food? Are we depriving them of their freedom? Or when we warn teenagers to distance themselves from smoking and drugs? Is that robbing them of their rights? In all these scenarios, it is self-understood that the restrictions are actually liberating. Freedom is not the ability to do whatever our base desires urge us to do; it is the ability to make decisions that will maximize our potential and happiness. Whether it was Pharaoh in ancient Egypt or Hitler in twentieth-century Germany, their rules limited us, crushed us, and robbed us of our growth and happiness. Not so with G-d’s Torah. His laws keep us on the straight and narrow and give us the guidance and opportunity to attain the most out of life.

Let us return to freedom of speech. When we use our mouths and any other form of communication to enhance our lives and the lives of those with whom we interact, that communication is beautiful and liberating. But so much of our speech is full of resentment and anger. We talk about this one’s faults and that one’s limitations. This type of speech is not constructive; it is destructive. It doesn’t mold us into better human beings; it makes us into bitter, arrogant people. This type of speech is not liberating; it is confining. It destroys us and others around us.

This problem is exacerbated with the advent of social media. Although social media has positive qualities, allowing people to share their lives and receive helpful information more easily, it also has many destructive effects. What gives one the right to publicly criticize someone else when that can adversely affect his or her livelihood? There are people who have had to move out of their communities because of false rumors circulated about them. Are those who share such damaging information demonstrating their freedom, or are they enslaved to their own biased perspectives and personal agendas?

Of course, there are situations where it is appropriate to share negative information. One who is in emotional pain may need to confide in their spouse or close friend to alleviate their frustration. Such speech is indeed therapeutic and liberating. Other times, an individual poses a threat to the community, and his dangerous activities need to be publicized so that others can protect themselves. Often, a negative product review is called for so that others will not have to suffer the aggravation of dealing with a faulty product. Relating such information under the appropriate circumstances is commendable as it enhances society.

Yet even this type of information is no longer constructive if it is exaggerated or presented from a biased point of view. As a rabbi who has dealt with many students and who is familiar with the bais din (Jewish court) system, I regularly see individuals who are ready to fight for justice and defame another for what they think are the most noble of reasons, when in truth this individual is working with a narrow perspective. Hearing the other side sheds an entirely different light on the entire situation.

The Torah provides specific guidelines to ensure that negative information is truly accurate and will achieve a productive purpose without unnecessary harm and suffering. A discussion of these guidelines is beyond the scope of this article. I refer the interested reader to my book, What Can I Say… Today? in which I attempt to lay out the proper balance to achieve constructive, liberating communication. Perhaps in light of this article, we will gain a new level of understanding when uttering the words with which we begin the Pesach Seder, “This year we are slaves; next year we will be free.”    

 

Rabbi Dovid Jaffee is a local mesivta rebbe at Yeshivas Toras Chaim. He has recently published What Can I Say...Today?, a comprehensive work about the halachos of proper speech in contemporary society.

 

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