Standup comedians have always been on the front lines in battles over free speech and expression.
In the 1960s, 70s, and 80s, most of the pearl-clutching busybodies came from the ‘moral majority’ religious right. They feared obscenity within comedy acts would degrade the moral fabric of the nation and for a while, the law agreed. Comedian Lenny Bruce was convicted and sentenced to four months in a workhouse in 1964 for the crime of spreading obscenity in his act. George Carlin was arrested seven times during the 1970s for his famous “Seven Dirty Words” routine.
Bruce died before the appeal of his sentence was completed. He was posthumously pardoned in 2003. Charges against Carlin were all dropped before he could be convicted. Carlin and Bruce refused to back down and in the end, the state couldn’t win. We will never know how many comedians allowed themselves to be cowed into changing their acts due to state and social intimidation in those days. Not all of them had the will or support bases Carlin and Bruce enjoyed.
The ability for comedians to freely express themselves is just as threatened today as it was 50 years ago. The source of puritanical outrage against comedy routines has changed, though. These days the prigs demanding the curtailment of free speech in comedy acts are the snowflakes of the politically correct left.
Canadian comedian Mike Ward found himself dragged before human rights tribunals and the Canadian courts for nearly a decade over a routine in which he mocked a disabled young Canadian performer. The case ultimately went to the Canadian Supreme Court where it was ruled in a tight 5-4 split decision Ward’s right to free speech was to be protected, and jokes were not subject to judicial review. We came dangerously close to having a comedian convicted for his routine during this decade. The threat to free expression is real and it’s ongoing.
The prime target of the cancel-culture mob lately has been American comedian Dave Chappelle. Chappelle has long enjoyed poking fun at the hypersensitive underbelly of the LGBTQ activist community and has never backed down in the face of the enraged blowback following one of his acts. In Chappelle’s most recent Netflix comedy special he went out of his way to antagonize the usual suspects as he made jokes about transgender ideological orthodoxy. The response to his act was immediate and predictable. Activists demanded Netflix pull the special down and small groups of Netflix employees staged widely publicized walkouts in protest of Chappelle’s act.
Netflix never pulled Chappelle’s special down and Chappelle has remained unapologetic for it. The controversy generated by apoplectic snowflakes in response to Chappelle’s act likely only increased viewership of the special.
It has just been announced Dave Chappelle is going to be headlining a Netflix comedy festival this coming April in Hollywood Bowl. This signals Netflix has done well with Chappelle’s routine despite or perhaps even because of the controversy it generated. In having a set date at a large outdoor venue and in such a populated area, Netflix is upping the ante in their battle with cancel-culture activists. Not only are they saying they won’t pull Chappelle’s older content, but they are also expanding the reach for his next act.
American and Canadian courts have proven they will protect the rights of free expression for controversial comedians, albeit grudgingly. Anti-free speech activists will have to take their case to the streets now and I suspect they will. With as many as 17,000 attendees arriving for a comedy festival being potentially greeted by a sizable number of protesters, things may get ugly.
What has happened to our society when a comedy festival may turn into a street battle?
Chappelle’s showdown this spring could be a turning point for comedy. Will he and Netflix stand their ground in the face of protests? Will local authorities ensure the show can go on even if activists vow to shut it down? This comedy event is going to be an important one.
As with any art, the enjoyment of comedy is subjective. Some people like simple clean humour, some like complex satire, and some like vulgarity-laden shock comedy. The only people who can judge good comedy are the audience and they should only be able to render judgment through voting with their feet (and wallets). In other words, if you don’t like it, don’t watch it.
Comedians ply their trade by observing the world and poking at sacred cows. They dig into subjects people commonly avoid and force us to think about them through the lens of humour. They provide a public service by pushing the boundaries of free expression and ensuring no subjects are ever out of bounds. They often make us laugh and we need a whole lot more of that these days.
Comedians will not be able to effectively practice their art if they fear censors or legal repercussions. They will be restrained and they will leave subjects that need to be brought before public scrutiny untouched.
If the speech and expression of comedians are allowed to be suppressed, no speech is safe. We need to stand up for our comics for both their sake and our own.
Cory Morgan is Assistant Opinion & Broadcast Editor for the Western Standard
cmorgan@westernstandardonline.com