Meet our newest Praxis Circle Contributor, Jonathan Turley. He is the J.B. and Maurice C. Shapiro Professor of Public Interest Law at George Washington University Law School and a nationally recognized attorney and legal scholar. He has worked on many notable cases over the past two decades representing a variety of people, and is often relied on to testify within Congress on constitutional, statutory, and tort reform issues. More recently, Turley has focused his efforts on the issue of free speech in the West and wrote a best-selling book on the topic: The Indispensable Right: Free Speech in an Age of Rage (2024).
Our conversation with Turley is a timely reminder of the values that distinguish America from Europe and what is at stake if we do not prioritize the protection of our rights—not only as American citizens, but our rights as human beings created in the image of God. As one of the leading analysts and commentators in the U.S. on this issue, his insight is bound to give you much food for thought.
Below are some highlights, but you can access the full interview above.
Our First Influences: Parents
What makes Jonathan Turley tick? At the beginning of our interview, Turley reflects on his worldview and the profound influence his parents had on shaping it. His father, an architect and student of Mies van der Rohe, instilled in him a lifelong pursuit of truth and intellectual curiosity, while also emphasizing the importance of remaining true to oneself. His mother, a courageous social worker, demonstrated fearlessness in confronting difficult situations and advocating for the vulnerable, such as helping create one of the first abused women’s centers. Together, their intellectual and passionate influences shaped his perspective on life, and his early experiences with lawyers and his mother’s work left a lasting impact on his understanding of courage and self-confidence. His driven career and book dedication to both parents in Indispensable Right speak to the powerful impact a mother and father can have on the trajectory of a child’s life.
Natural Law vs. Positive Law
Turley is an oddity in the legal field today by adhering to natural law—the idea that human rights are inherent and unchanging—as opposed to positive law, which views rights as posited by human authority. Turley argues that the First Amendment was revolutionary in that it uniquely recognized free speech as a natural, fundamental right. This was a bold move during the American Revolution not replicated by other nations, as seen in Lafayette’s revision of the French version, which limited free speech by tying it to national law. Turley highlights how thinkers like the Levellers and John Locke, who emphasized natural rights and the freedom of thought, influenced the Founders’ view on free speech. This view contrasts with the more common functionalist perspective, which sees free speech as valuable primarily for its role in democracy, allowing for trade-offs where some speech is deemed more valuable than others. Turley believes this shift, beginning in the Adams administration, led to the ongoing confusion and debate over the true meaning of free speech in America.
Free Speech as a Defining Value
Turley later clarifies that while the First Amendment focuses on government censorship, free speech protections extend beyond it, including in private sectors like corporations and higher education. He argues that censorship by these entities is still a violation of free speech values, even if not directly prohibited by the First Amendment. Turley emphasizes that the First Amendment is not the full embodiment of free speech; it was designed to address the specific threat of government censorship at the time. He compares this to racial discrimination—just because the Constitution or statutes don’t explicitly outlaw discrimination by private entities, it doesn’t make such actions acceptable. Free speech, like racial equality, is a fundamental value that defines society, regardless of whether it’s explicitly protected in all contexts.
The rise of anti-free speech movements, where corporations, government, media, and academia collaborate to suppress speech, is unprecedented. Turley warns that this trend is spreading globally, particularly in Europe, where censorship has escalated since World War II. He highlights the failure of European censorship efforts to curb movements like neo-Nazism, while effectively silencing ordinary citizens, drawing a parallel to the growing anti-free speech movement in the U.S. He emphasizes the need to defend free speech to prevent a similar outcome.
Protection of Free Speech Starts in the Classroom
Towards the end of the discussion, Turley argues that while laws, like those protecting free speech, have a positive impact on culture by allowing dissenting views and minority groups to thrive, they cannot change culture on a larger scale. Cultural renewal requires a deep understanding of who we are as a people, as Benjamin Franklin suggested. Turley emphasizes the importance of remembering America’s core identity and the leap of faith the Constitution represents—a belief in mutual respect and cooperation despite differences. To protect free speech and democracy, he stresses the need for better civics education and a renewed focus on Western civilization in universities, which laid the foundation for individual rights. He also points out the failure in teaching free speech in high schools, where students often learn misconceptions or negative views about it. Teaching these core values is crucial for shaping future citizens.
Conclusion
Turley’s insights throughout the interview remind us that free speech is more than a constitutional right—it’s a cornerstone of human dignity and a marker of a healthy society. His perspective challenges us to think beyond legal protections and consider the cultural habits, historical foundations, and educational priorities that sustain liberty over time. As debates around speech, censorship, and truth intensify across the West, voices like his are essential. As you reflect on this conversation, we invite you to consider: What kind of society are you helping shape, and what will it take to sustain and defend it?
