Justice Elena Kagan and cancel culture

On Sept. 22, U.S. Supreme Court Justice Elena Kagan visited Notre Dame to kick off the 2023-24 Notre Dame Forum on “The Future of Democracy.” In conversation with the Notre Dame Law School Dean G. Marcus Cole, Justice Kagan discussed a variety of topics, ranging from the way she interprets the Constitution to how she separates religion from her role as a judge. Justice Kagan’s wisdom, passion and integrity shone through the conversation to create an engaging commentary on the state of our country today.

As our country continues to function less and less as a true democracy, it is important to consider the aspects that are keeping our country from upholding the individual rights and freedoms of all people. One important component that contributes to political polarization and undermines democracy is the rise of cancel culture. Justice Kagan offered some important insights on this issue and suggested it is making our country even more divided. 

As defined by Merriam-Webster, cancel culture refers to ”the mass withdrawal of support from public figures or celebrities who have done things that aren’t socially accepted today.” The term ”socially accepted” is relative due to the variety of viewpoints that are held within our society, meaning individuals can get canceled for anything that differs from a given person’s personal opinion.

While there is a spectrum on the scale of cancellation, generally, the more common cancellations seem to stem from a difference in political opinion. Justice Kagan described how cancel culture exists on both sides of the political spectrum, which contributes to an increase in political polarization and limits the potential for productive conversation. With controversial topics, people typically tend to engage with people who have opposing beliefs only to explain why the other person is wrong, why they are right and why they should change their beliefs. Not only does this limit the discourse on these topics, but it prevents people from attempting to see other people’s perspectives and consider why their opinions differ.

As Justice Kagan eloquently stated, ”This nation can’t work unless people can talk with each other, try to understand each other and learn with each other to work together across various disagreements for the greater good.”

To uphold a democracy, we must respect everyone’s freedom of speech. When someone holds a belief that we may disagree with, it is essential that people engage in conversation with the intention of hearing the other person’s perspective instead of criticizing, judging and attempting to change their beliefs. When people engage in respectful conversation, individuals are more likely to learn from each other creating the potential for people to expand their perspectives. 

The presence of cancel culture has become more saturated in the U.S. as a difference in political opinion has transformed into policy that attempts to censor discourse on certain topics. Some examples include the ”Don’t Say Gay” law in Florida, the censorship of American history in textbooks and book banning in school libraries. These complicated issues reflect the growing political polarization in our country and the restrictions of free speech that undermine U.S. democracy.

A common theme among these three examples is that they all exist within education systems. While there are other forms of policy that limit free speech, a majority of these policies are aimed at educational institutions. This strategy used by lawmakers attempts to control the narrative and discourse in the U.S. to reflect the politics, opinions and beliefs of certain politicians. Not only does this help politicians maintain a like-minded following that will keep them in office, but it also directly contradicts a core tenet of democracy: freedom of speech.

Justice Kagan talked about how educational institutions should be about learning about all sorts of ideas, even the ones you don’t like. In a democracy, people should be given the right to have access to all sorts of information. Otherwise, the censorship of information emulates the tactics used by an autocracy which directly threatens the legitimacy of U.S. democracy. 

Freedom of speech was meant to function as the basis for U.S. democracy. Instead, we have seen how “cancel culture” has contributed to limiting and censoring certain kinds of political discourse. To uphold our democracy, it is essential that people attempt to engage in dynamic conversations with the goal of listening to different perspectives, not criticizing them.

Everyone is entitled to their own beliefs and it is important that people are provided with all of the information available in order to form an authentic belief that reflects who they are as a person. Political diversity is important and it is possible to maintain diversity in a respectful manner by holding the humanity of a person at the center of difficult conversations that challenge people’s beliefs.

The restoration of our democracy is possible, but it can only be achieved if every citizen actively listens to others and broadens their perspective to foster a society that upholds the rights and freedoms of every individual. 

Grace Sullivan is a sophomore at Notre Dame studying global affairs with minors in gender and peace studies. In her column I.M.P.A.C.T. (Intersectionality Makes Political Activist Change Transpire), she is passionate about looking at global social justice issues through an intersectional feminist lens. Outside of The Observer, she enjoys hiking, painting and being a plant mom. She can be reached at gsulli22@nd.edu.