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The recent concert cancellations of Jewish rapper Matisyahu reflect a continuing threat to free expression

This is the heckler鈥檚 veto at its best, and the culture of free speech at its worst.
Matisyahu performs at Sole Hotel Miami in 2016

Ron Elkman / USA TODAY NETWORK

Matisyahu performing at the Sole Hotel Miami in 2016.

Jewish reggae and hip-hop artist  last week after two of his upcoming live performances were suddenly canceled 鈥 one at the  in Tucson, Arizona, and the other at  in Santa Fe, New Mexico. The venues cited 鈥渟afety concerns鈥 and 鈥渟taff shortages鈥 when they pulled the plug mere hours before the shows were about to begin.

But Matisyahu believes his speech was the real reason behind it.

A , the singer鈥檚 commentary since the events of October 7 drew the ire of pro-Palestine activists, who  outside at least one of the venues during his performance. Matisyahu believes the threat of a protest likely contributed to these last-minute staffing issues.

In a , formerly known as Twitter, he said that 鈥渢he staff at these venues refused to come to work, forcing cancellations鈥 and that 鈥渢hey do this because they are either anti-Semitic or have confused their empathy for the Palestinian people with hatred for someone like me who holds empathy for both Israelis and Palestinians.鈥 Matisyahu also said that his team 鈥渙ffered to supplement their staff shortages on [their] own dime, but to no avail.鈥

In a  posted this week, he referenced another venue being vandalized in an attempt to force a cancellation. 

鈥淚t is truly a sad day,鈥 Matisyahu said in his original post, 鈥渨hen dialogue with those you disagree with is abandoned for hate mongering and silencing artistic expression.鈥

It鈥檚 difficult to disagree 鈥 especially given the fact that this isn鈥檛 an isolated incident:

  • In November, the Dallas Comedy Club in Texas  comedian Dauood Naimyar鈥檚 two-night gig, with the promoter citing social media posts from Naimyar that included jokes critical of Israeli government action in Gaza. 
  • This month, the Apollo Theater in London  British author and journalist Douglas Murray鈥檚 pro-Israel fundraiser after employees received emailed threats. 
  • The Jewish author Nathan Thrall, who has been critical of Israel, had nearly a quarter of his planned book tour events  by venues this past fall amid safety concerns.
  • In November, a Los Angeles screening of the short film 鈥淏earing Witness鈥 by Israeli actress Gal Gadot was met with social media calls for the event鈥檚 cancellation and .

These cancellations and disruptions are the heckler鈥檚 veto at its best, and the culture of free speech at its worst.

Constitutional law professor Eugene Volokh quotes from Black鈥檚 Law Dictionary to explain that a 鈥渉eckler鈥檚 veto鈥 has  鈥 one pertaining more to the First Amendment, and the other to the broader culture of free speech. In the legal realm, it is the鈥済overnment's restriction or curtailment of a speaker's right to freedom of speech when necessary to prevent possibly violent reactions from listeners.鈥 Culturally, however, a heckler鈥檚 veto is 鈥渁n interruptive or disruptive act by a private person intending to prevent a speaker from being heard, such as shouting down the speaker, hurling personal insults, and carrying on loud side-conversations.鈥

It鈥檚 also not a new phenomenon. 

FIRE鈥檚 coverage of incidents where angry mobs shout or shut down disfavored speakers and events go back many years: The cancellations of education professor and  co-founder William Ayers鈥 events at the University of Nebraska-Lincoln in 2008, and again at the University of Wyoming in 2009 and 2010 鈥 as well as the near-cancellation of his event at Montclair State University in 2011 鈥 are just a few among many worth mentioning.

In all these cases, the message is clear: Too many people do not understand that the culture of free speech is just as important as the First Amendment itself 鈥 if not more so. Judge Learned Hand put it well when he said, 鈥淟iberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can even do much to help it.鈥

The chilling effect caused by a culture that silences dissent, punishes disfavored expression, and believes that threats and mob actions are simply 鈥渕ore speech鈥 is disastrous to the very foundation of our republic. As FIREPresident  after a Minneapolis, Minnesota venue  comedian Dave Chappelle鈥檚 upcoming performance:

Fostering a culture that respects free speech does not simply require meeting the bare minimum legal standard for tolerance set by the First Amendment. A liberal culture, properly understood, is one in which we accept the idea that it's not up to us 鈥 or to those who oppose us 鈥 to decide what other people should or should not watch, read, or listen to.

Employees of these venues are free to protest, and even to not show up for work, if their consciences dictate. But they must be prepared for the potential consequences: Employers can fire or otherwise discipline those employees who refuse to do the job they were hired for.

Meanwhile, private businesses also have their own free speech rights and rights of association, and they are free to cancel events if they so choose. But before they go down that road, they should ask themselves, 鈥淲hy do we exist? What's our purpose?鈥 

As conflict and debate surrounding the Israel-Hamas war continue to roil, the answer to the tension and turmoil is more speech, not less.

Some venues may indeed have explicitly political aims that may preclude them from hosting certain speakers or artists. But most places schedule programming for diverse audiences and probably don鈥檛 have such political considerations. The Rialto in Tucson and the Meow Wolf in Santa Fe certainly don鈥檛 鈥 until they are pressured into it. 

And when these venues cave to mob censorship demands, they not only undermine the values of free artistic expression, they also deprive the audience of hearing the message or performance they paid to hear. As , this 鈥渋s a double wrong.鈥

In the case of Matisyahu, this heckler鈥檚 veto affected sold-out shows, which large numbers of people were subsequently prevented from attending. This, as FIREExecutive Vice President , 鈥渋s just like any other form of censorship: It鈥檚 the few deciding for the many what they can hear.鈥 

As conflict and debate surrounding the Israel-Hamas war continue to roil, the answer to the tension and turmoil is more speech, not less. Issues of public concern can only be resolved through dialogue, not by firing, silencing, or deplatforming those with whom we disagree.

What we鈥檙e seeing is the loudest, angriest, and most fervent among us dictating the nature and timbre of our discourse, ramping up cancel culture and  across difference.

We will never run out of hot-button issues that deserve our attention 鈥 and even our activism. But if we continue down this path of invoking the heckler鈥檚 veto, we are compromising our own future right to speak up and speak out when it鈥檚 our turn to dissent.

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