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There's No Such Thing As Free Speech: And It's a Good Thing, Too

4.3 4.3 out of 5 stars 19 ratings

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In an era when much of what passes for debate is merely moral posturing--traditional family values versus the cultural elite, free speech versus censorship--or reflexive name-calling--the terms "liberal" and "politically correct," are used with as much dismissive scorn by the right as "reactionary" and "fascist" are by the left--Stanley Fish would seem an unlikely lightning rod for controversy. A renowned scholar of Milton, head of the English Department of Duke University, Fish has emerged as a brilliantly original critic of the culture at large, praised and pilloried as a vigorous debunker of the pieties of both the left and right. His mission is not to win the cultural wars that preoccupy the nation's attention, but rather to redefine the terms of battle.
In
There's No Such Thing as Free Speech, Fish takes aim at the ideological gridlock paralyzing academic and political exchange in the nineties. In his witty, accessible dissections of the swirling controversies over multiculturalism, affirmative action, canon revision, hate speech, and legal reform, he neatly eviscerates both the conservatives' claim to possession of timeless, transcendent values (the timeless transcendence of which they themselves have conveniently identified), and the intellectual left's icons of equality, tolerance, and non-discrimination. He argues that while conservative ideologues and liberal stalwarts might disagree vehemently on what is essential to a culture, or to a curriculum, both mistakenly believe that what is essential can be identified apart from the accidental circumstances (of time and history) to which the essential is ritually opposed.
In the book's first section, which includes the five essays written for Fish's celebrated debates with Dinesh D'Souza (the author and former Reagan White House policy analyst), Fish turns his attention to the neoconservative backlash. In his introduction, Fish writes, "Terms that come to us wearing the label 'apolitical'--'common values', 'fairness', 'merit', 'color blind', 'free speech', 'reason'--are in fact the ideologically charged constructions of a decidedly political agenda. I make the point not in order to level an accusation, but to remove the sting of accusation from the world 'politics' and redefine it as a synonym for what everyone inevitably does." Fish maintains that the debate over political correctness is an artificial one, because it is simply not possible for any party or individual to occupy a position above or beyond politics. Regarding the controversy over the revision of the college curriculum, Fish argues that the point is not to try to insist that inclusion of ethnic and gender studies is not a political decision, but "to point out that any alternative curriculum--say a diet of exclusively Western or European texts--would be no less politically invested."
In Part Two, Fish follows the implications of his arguments to a surprising rejection of the optimistic claims of the intellectual left that awareness of the historical roots of our beliefs and biases can allow us, as individuals or as a society, to escape or transcend them. Specifically, he turns to the movement for reform of legal studies, and insists that a dream of a legal culture in which no one's values are slighted or declared peripheral can no more be realized than the dream of a concept of fairness that answers to everyone's notions of equality and jsutice, or a yardstick of merit that is true to everyone's notions of worth and substance. Similarly, he argues that attempts to politicize the study of literature are ultimately misguided, because recharacterizations of literary works have absolutely no impact on the mainstream of political life. He concludes his critique of the academy with "The Unbearable Ugliness of Volvos," an extraordinary look at some of the more puzzing, if not out-and-out masochistic, characteristics of a life in academia.
Penetrating, fearless, and brilliantly argued,
There's No Such Thing as Free Speech captures the essential Fish. It is must reading for anyone who cares about the outcome of America's cultural wars.
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Editorial Reviews

Review

"Often provocative, sometimes perverse--but always teeming with punchlines--this book provides enjoyable reading material."--Hindu"He revels...in an exhilarating negative capability, providing a collection of essays that delights in the wholesale slaughter of sacred cows."--Sunday Times (London)"These essays should...stimulate and provoke a reader of any political persuasion, and all will appreciate Fish's perspicuous and engaging writing style....Especially worthwhile reading."--The Review of Politics"A unicorn in the toughminded workaday world of legal education....Mr. Fish deflates anointed truths with joyful abandon, and he is at his best in exposing the often baleful effects wrought by mean-spirited defenders of traditional values."--The New York Times Book Review"Splendid essays by Milton scholar and literary theorist Fish that express his centrist, mediating, pragmatic position in the recent cultural wars over theory, politics, and the place of literature in society....Clear, eloquent, personalbe....Fish offers here exactly what he argues for: clarity, integrity, conviction, the common place of common sense."--Kirkus Reviews"Fish, the author of numerous books on Milton, literary theory, and the politics of teaching, has become in recent years famous for defending the contemporary academy in a series of debates held at various colleges and universities with the neo-conservative pundit Dinesh D'Souza. In anticipation of these debates, he prepared five remarkable essays, which constitute the core of this learned and wide-ranging collection. Other essays concern the political and historical context of controversies of the notion of 'free speech,' as well as with the enduring legacy of Milton and the masochism of Volvo-driving academics. Despite his public reputation, Fish's views cannot be easily subsumed under such laabels as 'deconstructionist,' 'post-structuralist,' or even 'leftist.'...Many readers will find pleasure in Fish's simultaneously literate but blunt prose style. Recommended."--Library Journal"Contemporary culture without Stanley Fish? Without his intrepid brilliance? Without his verve? Without his zest--for controversy and for life? What a bleak, impoverished place contemporary culture would be."--Catharine R. Stimpson, Rutgers University"Let the reader beware! Stanley Fish's new book There's No Such Thing As Free Speech will prompt liberals and conservatives alike to campaign to have this English professor named to fill the next U.S. Supreme Court vacancy. While not a lawyer, Fish's essays convince me that the nation needs his brand of historically aware, politically astute, and culturally attuned pragmatism on its highest court."--Derrick Bell, New York University School of Law"Those who know Stanley Fish will tell you that arguing with him is always an exhilarating and edifying experience, and his new book can be depended on to give its readers the same pleasures and rewards. Brilliant and audacious, There's No Such Thing As Free Speech is vintage Fish: with its swingeing wit, rapid-fire reductios, and bold turns of argument, Fish turns the 'cultural wars' inside out."--Henry Louis Gates, Jr., author of Loose Canons, and W.E.B. Du Bois Professor of the Humanities, Harvard University"By turns funny, savage, and sly--a brilliant and devastating indictment of first amendment orthodoxy."--Richard Delgado, Charles Inglis Thomson Professor of Law, University of Colorado School of Law"An important book for those who wish to find some common sense, eminently argued, regarding the culture wars that presently embroil American society."--The Bloomsbury Review"This book is Stanley Fish at his best, passionately hilarious, conservatively radical, delightfully disagreeable, subversively autonomous. This deeply intelligent reflection on campus politics, political pedantry and the first amendment is sure to provoke both insight and argument, yet it avoids the main-spirited sound and fury that has characterized too much recent debate on these toughest of topics."--Patricia J. Williams, Professor of Law, Columbia University"Good sense, clarity, liveliness."--The Washington Post"Quite possibly the clearest response to the attacks on curricular reform to date."--The Boston Globe"A fine introduction to one of the greatest and most accessible minds in contemporary Western thought."--The Independent"Bracing stuff, confrontational and edgy and eminently worth grappling with....[Fish is] the Bobby Hurley of intellectuals. He's the scrappy guy from Duke who's always fun to watch--until it's your own favorite team (or idea) he's harassing. But have you ever noticed? He always seems to make your team play harder."--The Independent Weekly"This is not after dinner or just before bed reading. But if you want to know more about the debate that is about to boil off our campuses and start affecting our lives, There's Not Such Thing as Free Speech is the place to start."--Roanoke Times and World News"If you believe in tolerance, fairness, merit, free speech--you know, all the golden verities that have supposedly held Western Civilization together--meet Stanley Fish, who may well be your worst nightmare. Not only does he not believe in any of these, he argues against all of them, forcefully, wittily, and--sometimes--persuasively."--American Way"Stanley Fish is the Roseanne Barr of the professoriate, an immensely talented ham who delights in offending the pious."--Cleveland Plain Dealer"There is such a thing as Stanley Fish...and it's a good thing, too."--Globe and Mail"This is an important book for those who wish to find some common sense, eminently argued, regarding the culture wars that presently embroil American society."--Scott Vickers, The Bloomsbury Review

About the Author

Stanley Fish is Arts and Sciences Professor of English and Professor of Law at Duke University. A founder of Reader Response Theory, he is the author of many books, including Surprised by Sin, Self-Consuming Artifacts, Is There a Text in this Class?, and Doing What Comes Naturally.

Product details

  • Publisher ‏ : ‎ Oxford University Press (December 15, 1994)
  • Language ‏ : ‎ English
  • Paperback ‏ : ‎ 352 pages
  • ISBN-10 ‏ : ‎ 0195093836
  • ISBN-13 ‏ : ‎ 978-0195093834
  • Lexile measure ‏ : ‎ 1580L
  • Item Weight ‏ : ‎ 1.07 pounds
  • Dimensions ‏ : ‎ 8.44 x 0.89 x 5.56 inches
  • Customer Reviews:
    4.3 4.3 out of 5 stars 19 ratings

About the author

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Stanley Eugene Fish
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Stanley Fish is the Davidson-Kahn Distinguished University Professor and a professor of law at Florida International University. He has previously taught at the University of California at Berkeley, Johns Hopkins University, Duke University, and the University of Illinois at Chicago, where he was dean of the College of Liberal Arts and Sciences. He has received many honors and awards, including being named the Chicagoan of the Year for Culture. He is the author of twelve books and is now a weekly columnist for the New York Times. He resides in Andes, New York; New York City; and Delray Beach, Florida; with his wife, Jane Tompkins.

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4.3 out of 5 stars
4.3 out of 5
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Top reviews from the United States

Reviewed in the United States on May 18, 2013
This is Stanley Fish at his contrary and quibbling finest. His argumentative points are honed to fine poniards with which to skewer opponents, and it really is one of my favorite books. It's one of those books wherein some of the points are a little hard to master, but when you once see what the author means, you're amazed that you never saw them for yourself before. This is a fine companion to any pursuit of literary studies, cultural studies, rhetoric, in fact it's just a plain fine book to read to restore one's common sense level about the way the modern world operates.
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Reviewed in the United States on May 21, 2004
Stanley Fish writes with an overarching theme: general principles and theories might be pragmatically necessary (as communicative rhetoric) but beyond that are just not real or feasible. It is the ultimate irony, then, that while reading this book I found myself asking why Fish didn't apply this 'princple' (and principle it is) to himself.
The idea is that principles like 'fairness,' 'free speech,' 'justice,' and 'equality,' are, in truth, no more than rhetorical abstractions we use to justify things WE like. To be honest, Fish argues well for this and gives us many examples. But, as Fish himself writes, 'general principles' can be taken too far and outlive any semblance of usefulness. It is when he tries to apply this 'principle' to different problems that he gets a little weird and alas, the 'no general principle' thing comes to bite HIM.
The first section is a collection of essays written for campus debates with Dinesh D'Souza in relation to affirmative action and campus diversity - Fish being ademantly for each of these. Fish's argument seems to be this: "Since 'fairness' and 'equality' can mean anything to anyone and they as principles don't exist, Mr. D'souza or anyone else shouldn't appeal to them. We should only ever appeal to historical context - history is everything here." The problem is that subtley, Fish is (a) making argument against him impossible because...what do you say to someone who refuses to acknowledge any principle at all1?; and (b) subtley sneaking general principles back in by saying: "When we take history into account, affirmative action (etc.) turns out to be fair (even though fairness is not a valid principle).
The next set of essays is on freedom of speech. Fish says that that too doesn't really exist and then proceeds to demonstrate by pointing out the obvious: no matter what 'theory' of free-speech one uses, there will always be hard cases where principle can't decide alone. He then proceeds to take principle too far and declare that because of this, the whole of free-speech law is a rhetorical put-on and therefore, things like hate-speech legislation or pornography bans are really justified. After all, if there are hard cases, then we can do whatever we'd like, right? The problem is that just because there are hard cases doesn't mean that we can't try to be as inclusive and libertarian as POSSIBLE. From Fish's recognition that free-speech always has boundaries doesn't follow that therefore we should just censor everything.
His next section is on legal theory and it is here he takes an almost opposite turn. He concludes (with Richard Posner) that general principles in law and legal theory are just as bogus as they are in any other field. BUT, he disagrees with people like the legal crit school (bet you didn't think Fish would do that!) by saying that here, general principles are at least pragmatically necessary so as to maintain the reason d'etre of law: consistency, order, and at least the appearance of trying to be impartial. Whereas in the other two sections, lack of general principles meant we should sort of do whatever is whatever, here - somehow - general principles have a vital role to play.
All of this is to say that while I enjoyed the book and it was very provocative, Fish does as most people who discover a 'general principle' do: he takes it a bit too far, applying it with a gusto to everything he can get his hands on. What he SOMETIMES pays lip-service to in these essays (and most of the time, not) is that while general principles may be hollow on examination, we can't help but use them as they are (a) valuable communicative tools; (b) unavoidable linguistically; and (c) pragmatically useful in things like law, science, philosophy, and even...literary criticism. LIke those Fish criticzes, I just think he is too drunk with his own "no principle" principle.
But get the book anyway. It is a great read and will most certainly make you think. Fish really is not that ultra-post-modern guy the conservatives like to pretend he is and some of the positions he takes in this book - against interdisciplinarianism and New Historicism - will prove it.
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Reviewed in the United States on May 30, 2014
I hope I can get time to read this. I have been to two conferences in the last month, and I am nagged to evaluate this.
Reviewed in the United States on February 3, 2016
Reviewed in the United States on February 10, 2001
Now, sitting comfortably? Are you a liberal or a conservative? Do you think your views, sane, rational, fair, unbiased or generally decent? Well what if I told you that you are a biased, interested, often irrational and double-dealing individual who rigs debates, fixes the meanings of discourses (and things) and generally configures things to your own advantage and your opponent's disadvantage? OK, you would disagree with me: BUT THAT IS EXACTLY WHAT STANLEY FISH IS SAYING ABOUT YOU!! He does this in a series of extraordinary essays attacking conservatives and liberals alike (though under the post-Enlightenment rubric of "liberalism" in general, that belief system shared by most modern, Western thinkers) for their slipperiness in debate and their use of fake and polemical principles, actually the products of politics (a noble because unavoidable category for Fish). Fish's aim in all this seems to be to drag everyone back to their contextual and historical time and place(s) and to do away with the notion that we can avoid this or retreat into our various cognitive, abstract and universalising hiding places. What is left is what we had before Fish started writing and what, according to Fish, we will always have: political debate, the opportunity to convince your peers that this way is better than that, that this conclusion is better than that one. But, after Fish, we won't be able to do this by appealing to principles anymore since he has exposed them all as partisan and political. So "hoorah" for Stanley Fish's eye opening book, let's build a better world, and watch out, Stanley Fish is after you!
PoSTmodERnFoOL
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Reviewed in the United States on January 23, 2005
Fish presents essentially a social constructivist argument and aptly applies it to common political and social trends and concepts. That is currently a huge issue in philosophy and relates to debate on the objectivity/subjectivity of moral claims. There is much to Fish's argument but it might be better to study ethics and metaethics to get a better grasp of these issues. However, Fish's claims certainly are thought-provoking and relevant. He claims that there are no absolute moral concepts, which is a fair case to be made, and then applies it to free speech. The difficulty is that, even if one's support of free speech is not based on some universal morality, that does not imply that there is no internally coherent concept of free speech. Furthermore, Fish seems to argue solely for his own particular version of speech policy, to which he does not apply his own framework. Although free speech may not be an 'absolute value' there are too many sophisticated arguments attempting to whittle away any pretense of it. Even so, this book is definitely worth the read.
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