Free Speech, Pseudo-Invariance, and the Grammar of Liberal Rights – Part 1

I read from the Wrong Curve: Free Speech, Pseudo-Invariance, and the Grammar of Liberal Rights. This essay is freely available on Zenodo at https://doi.org/10.5281/zenodo.19636760. This segment is the Abstract and the Introduction.

In this essay, I argue that free speech discourse is structured by a category error whose source lies upstream of speech itself: in the treatment of ‘freedom’ as a stable philosophical primitive when it functions, in practice, as an essentially contested concept operating under a systematically inflated presumption of effectiveness.

tl;dr: I don’t believe in free speech.

We’ve all likely heard that the freedom to swing one’s fist ends at the tip of another’s nose. I can accept this without argument for the purpose of this assertion. Your freedom TO violates my freedom FROM.

Audio: NotebookLM summary podcast of this topic.

The problem is that one’s words don’t stop. In some cases, they continue in the manner of pollution that I don’t want my ear holes to be exposed to this noise. In the social media age, this effect is trebled and molests my eyes. This is especially egregious for misinformation and disinformation, which is to say, much of the internet and beyond.

This impact hasn’t been suitably addressed, so I wrote about it. Here, I read.

Language Insufficiency, Rev 3

I’m edging ever closer to finishing my book on the Language Insufficiency Hypothesis. It’s now in its third pass—a mostly subtractive process of streamlining, consolidating, and hacking away at redundancies. The front matter, of course, demands just as much attention, starting with the Preface.

The opening anecdote—a true yet apocryphal gem—dates back to 2018, which is evidence of just how long I’ve been chewing on this idea. It involves a divorce court judge, a dose of linguistic ambiguity, and my ongoing scepticism about the utility of language in complex, interpretative domains.

At the time, my ex-wife’s lawyer was petitioning the court to restrict me from spending any money outside our marriage. This included a demand for recompense for any funds already spent. I was asked, point-blank: Had I given another woman a gift?

Seeking clarity, I asked the judge to define gift. The response was less than amused—a glare, a sneer, but no definition. Left to my own devices, I answered no, relying on my personal definition: something given with no expectation of return or favour. My reasoning, then as now, stemmed from a deep mistrust of altruism.

The court, however, didn’t share my philosophical detours. The injunction came down: I was not to spend any money outside the marital arrangement. Straightforward? Hardly. At the time, I was also in a rock band and often brought meals for the group. Was buying Chipotle for the band now prohibited?

The judge’s response dripped with disdain. Of course, that wasn’t the intent, they said, but the language of the injunction was deliberately broad—ambiguous enough to cover whatever they deemed inappropriate. The phrase don’t spend money on romantic interests would have sufficed, but clarity seemed to be a liability. Instead, the court opted for what I call the Justice Stewart Doctrine of Legal Ambiguity: I know it when I see it.

Unsurprisingly, the marriage ended. My ex-wife and I, however, remain close; our separation in 2018 was final, but our friendship persists. Discussing my book recently, I mentioned this story, and she told me something new: her lawyer had confided that the judge disliked me, finding me smug.

This little revelation cemented something I’d already suspected: power relations, in the Foucauldian sense, pervade even our most banal disputes. It’s why Foucault makes a cameo in the book alongside Nietzsche, Wittgenstein, Saussure, Derrida, Borges, and even Gödel.

This anecdote is just one straw on the poor camel’s back of my linguistic grievances, a life filled with moments where language’s insufficiency has revealed itself. And yet, I found few others voicing my position. Hence, a book.

I aim to self-publish in early 2025—get it off my chest and into the world. Maybe then I can stop wittering on about it. Or, more likely, I won’t.