But it is possible to defend the right to obscene and racist speech without promoting or sponsoring the content of that speech. It is possible to approve of sacrilege without endorsing racism. And it is possible to consider Islamophobia immoral without wishing it illegal. Moments of grief neither rob us of our complexity nor absolve us of the responsibility of making distinctions. The A.C.L.U. got it right in defending a neo-Nazi group that, in 1978, sought to march through Skokie, Illinois. The extreme offensiveness of the marchers, absent a particular threat of violence, was not and should not be illegal. But no sensible person takes a defense of those First Amendment rights as a defense of Nazi beliefs. The Charlie Hebdo cartoonists were not mere gadflies, not simple martyrs to the right to offend: they were ideologues. Just because one condemns their brutal murders doesn’t mean one must condone their ideology.
Rather than posit that the Paris attacks are the moment of crisis in free speech—as so many commentators have done—it is necessary to understand that free speech and other expressions of liberté are already in crisis in Western societies; the crisis was not precipitated by three deranged gunmen. The U.S., for example, has consolidated its traditional monopoly on extreme violence, and, in the era of big data, has also hoarded information about its deployment of that violence. There are harsh consequences for those who interrogate this monopoly. The only person in prison for the C.I.A.’s abominable torture regime is John Kiriakou, the whistle-blower. Edward Snowden is a hunted man for divulging information about mass surveillance. Chelsea Manning is serving a thirty-five-year sentence for her role in WikiLeaks. They, too, are blasphemers, but they have not been universally valorized, as have the cartoonists of Charlie Hebdo.