THE SOCIETAL IMPACT OF "CANCEL CULTURE"

Introduction

            "Congress shall make no law abridging the freedom of speech."[i] The First Amendment is a vital element of the United States for the mere fact that it enables people to profess their thoughts and beliefs without repercussions by the government.[ii] However, the majority of "cancel culture" involves citizens and businesses, not the government.[iii] Therefore, cancel culture would not infringe on the First Amendment because the First Amendment applies to the government suppressing your freedom of speech, not private individuals and entities.[iv] However, the same principle that supports the First Amendment should not be disregarded when it comes to speech that does not involve regulation or suppression by the government. Specifically, no one should infringe on another's right to speak their thoughts and opinions. Of course, individuals have the right not to support someone or something for any reason, but is it really necessary to attempt to end someone's career merely because of a past wrong or a different view? Not supporting someone is one thing, but individuals such as Neil Young refusing to allow Spotify to use his music until Spotify dropped Joe Rogan from their podcast catalog is another.[v] What happened to respecting the beliefs of others?

            The dictionary definition of "cancel culture" is "the practice or tendency of engaging in mass canceling as a way of expressing disapproval and exerting social pressure."[vi] Cancel culture is something we see on both sides of the political spectrum, and it is rapidly increasing throughout the nation.[vii] Cancel culture "has been used to describe everything from toppling racist statues, renaming buildings and streets named after racist and pro-slavery people, removing the Confederate flag from public spaces, opposing celebrities who use blackface, discrediting racially insensitive films, to de-platforming individuals with racist, sexist, or homophobic views or ideologies."[viii] However, cancel culture concerns much more than relevant political issues. For example, "after Taylor Swift released the album 'Red,' which shares details of her breakups with her exes, two of the pop star's former boyfriends, John Mayer and Jake Gyllenhaal, got canceled and received death threats from Swifties."[ix] This kind of action is precisely the thing that is destroying the lives of many Americans.[x]

            Technology, specifically social media, has contributed significantly to cancel culture.[xi] Citizens can now attack others over a social media platform with an audience of millions, which is perfectly displayed in the Taylor Swift scenario. An example of academic cancel culture via technology on a small level is the Supreme Court case Mahanoy Area School District v. B.L.[xii] In Mahanoy, we saw essentially the same type of "canceling" concerning a cheerleader's speech outside the school district.[xiii] The cheerleader in Mahanoy made a few obscene statements regarding the school and the cheerleading team, and as a result, the cheer coach suspended her from the team.[xiv] The Supreme Court deemed this school district's act unconstitutional as it violated the cheerleader's First Amendment protections.[xv] The coach here merely wanted to suppress the cheerleader's speech because she disagreed with it.[xvi] That is precisely what I believe needs to be addressed in our society. As a society, we should not attempt to suppress an individual or that individual's speech merely because of a disagreement. Although it must be noted that Mahanoy concerns a public school and thus likely a state employee, the Supreme Court did not speak towards the employee status of the coach as being a determining factor.[xvii] Additionally, although Mahanoy may consist of a state employee, the premise is the same; specifically, we should not permit an individual's speech to be suppressed. Criticism and sharing of thoughts are fundamental towards unity. Moreover, we should specifically encourage free expression in schools and universities. As indicated by Mahanoy, we are starting to see a trend by the courts that opposes cancel culture in the belief that citizens are entitled to their personal opinions no matter how offensive or disagreeable they may be.[xviii]

            Since its inception, America has been famous for consisting of individuals with varying beliefs; that is precisely what makes this country great. Traditionally, citizens could come together (with various stances on a particular issue) and agree to disagree. If you disagreed with the majority, you were not mocked nor publicly shamed for your personal beliefs. After all, the First Amendment guarantees the freedom of speech to encourage dialogue.[xix] That same principle should be just as applicable in speech that does not concern the government.

Consequences

            Cancel culture has undoubtedly strayed away from its original intention.[xx] The term "cancel culture" has now become overused as to diminish its original meaning and intent.[xxi] People now use it merely when others do not agree with them.[xxii] Rather than holding individuals accountable, it is now used as a gateway and justification for harassment and bullying.[xxiii] "Canceling" can often lead to severe consequences for the canceler, the canceled, as well as the bystanders/audience.[xxiv] The canceler can face consequences such as suits for libel and defamation. For example, Nick Sandmann was falsely accused by multiple news networks for intimidating a veteran.[xxv] Many of the news networks agreed on a settlement with Sandmann.[xxvi] Another example is the case of Kyle Rittenhouse, where he was acquitted of murder charges after the jury found that he acted in self-defense. Many news networks and celebrities made false accusations and even threats towards Kyle Rittenhouse, leading to many suits for defamation.[xxvii] These examples involve both the effects of cancel culture as well as reporters jumping to conclusions. The victims were attacked and canceled due to the lack of communication from everyone. Rather than diving into the issue at bar, "cancelations" were made that were ultimately deemed untrue and only led to the destruction of many lives. Additionally, in many cases, there is no resolution. Specifically, the canceled doesn't learn the vital lesson of communicating with others while having the mentality that it is their way or the highway. This leaves little to no room for people to come together and grow with one another.[xxviii]

           The canceled typically walks away with the worst consequences of all. "Canceling often turns into bullying. Like bullying, if you've been canceled, it can make you feel ostracized, socially isolated, and lonely. And research shows that loneliness is associated with higher anxiety, depression, and suicide rates."[xxix] Being canceled does all of this without offering the opportunity to apologize or change how you view things.[xxx] Moreover, canceling one party often leads to resentment by the canceled and causes additional disputes between all parties involved.[xxxi] Lastly, the bystander walks away with arguably less severe consequences than anyone. These tense situations cause feelings of worry and doubt as the bystanders fear the possibility of them being the next ones canceled.[xxxii]

Conclusion

            Ultimately, I believe this is a societal issue that we need to come together to correct. Often, it can simply be that the interpretation was "off," and the intention of the individual being canceled was substantially different from how it was interpreted. On top of that, if the individual getting canceled apologizes, that is often insufficient to please the cancelers. Rather than speaking out to cancel people, why not speak out for unity rather than division?

[i] U.S. Const. amend. I.

[ii] Id.

[iii] Kian Bakhtiari, Why Brands Need to Pay Attention to Cancel Culture, Forbes (Sep. 29, 2020), https://www.forbes.com/sites/kianbakhtiari/2020/09/29/why-brands-need-to-pay-attention-to-cancel-culture/?sh=3f3c1b5b645e.

[iv] U.S. Const. amend. I.

[v] Ben Sisario, Spotify Is Removing Neil Young Songs After He Complains of ‘Misinformation, N.Y. Times (Jan. 26, 2022), https://www.nytimes.com/2022/01/26/arts/music/spotify-neil-young-joe-rogan.html.

[vi] Cancel Culture Definition, Merriam-Webster, https://www.merriam-webster.com/dictionary/cancel%20culture (last visited Feb 22, 2022).

[vii] Emily A. Vogels et. al., Americans and ‘Cancel Culture’: Where Some See Calls for Accountability, Others See Censorship, Punishment, Pew Research Center (May 19, 2021), https://www.pewresearch.org/internet/2021/05/19/americans-and-cancel-culture-where-some-see-calls-for-accountability-others-see-censorship-punishment/.

[viii] Greg Johnson, Free speech advocate discusses growing talk of ‘cancel culture’, Penn Today (July 30, 2021), https://penntoday.upenn.edu/news/free-speech-advocate-discusses-growing-talk-cancel-culture.

[ix] How Cancel Culture Psychology and Toxic Tribalism Impact Young Adult Mental Health, Newport Institute (Dec. 22, 2021), https://www.newportinstitute.com/resources/mental-health/cancel-culture-psychology/.

[x] Efrem Graham, How America’s Toxic ‘Cancel Culture’ Ruins Lives and Ends Careers, CBN News (Jan. 15, 2021), https://www1.cbn.com/cbnnews/world/2020/september/how-americas-toxic-cancel-culture-ruins-lives-and-ends-careers.

[xi] Supra note 7.

[xii] Mahanoy Area School District v. B.L., 141 S.Ct. 2038 (2021).

[xiii] Id.

[xiv] Id.

[xv] Id.

[xvi] Id.

[xvii] Id.

[xviii] Id.

[xix] Supra note 1.

[xx] Aja Romana, The second wave of “cancel culture”, Vox (May 5, 2021), https://www.vox.com/22384308/cancel-culture-free-speech-accountability-debate.

[xxi] Garry Kasparov, ‘Woke’ Is a Bad Word for a Real Threat to American Democracy, WSJ Opinion (Nov. 17, 2021), https://www.wsj.com/articles/woke-is-a-bad-word-for-a-real-threat-to-american-democracy-cancel-culture-freedom-11637184284.

[xxii] Id.

[xxiii] Pamela B. Rutledge, Cancel Culture: Accountability or Bullying?, Psychology Today (Mar. 3, 2021), https://www.psychologytoday.com/us/blog/positively-media/202103/cancel-culture-accountability-or-bullying.

[xxiv] Becky Spelman, The Effects Cancel Culture and ‘Collective Bullying’ Has on Mental Health, Private Therapy Clinic (July 5, 2021), https://theprivatetherapyclinic.co.uk/blog/the-effects-cancel-culture-has-on-mental-health/.

[xxv] Jacon Bentley-York, DEFAMED TEEN Who is Nick Sandmann and what is he doing now?, The U.S. Sun (Nov. 20, 2021), https://www.the-sun.com/news/4108903/who-nick-sandmann/.

[xxvi] Id.

[xxvii] See Matt Lombardi, LeBron James on Kyle Rittenhouse Crying During Trial: 'Man Knock It Off!', Sports Illustrated (Nov. 11, 2021), https://www.si.com/extra-mustard/2021/11/11/lebron-james-kyle-rittenhouse-tweet; Adam Rogan, Rittenhouse hints that potential libel lawsuits could be coming, Kenosha News (Dec. 5, 2021), https://www.kenoshanews.com/news/local/crime-and-courts/rittenhouse-hints-that-potential-libel-lawsuits-could-be-coming/article_17128ca3-2e1e-59e7-8bf9-e3e87cf983a7.html.

[xxviii] How Cancel Culture Psychology and Toxic Tribalism Impact Young Adult Mental Health, Newport Institute (Dec. 22, 2021), https://www.newportinstitute.com/resources/mental-health/cancel-culture-psychology/.

[xxix] Lindsey Toler, The Mental Health Effects of Cancel Culture, Very Well Mind (Apr. 30, 2021), https://www.verywellmind.com/the-mental-health-effects-of-cancel-culture-5119201#citation-3.

[xxx] Id.

[xxxi] Id.

[xxxii] How Cancel Culture Psychology and Toxic Tribalism Impact Young Adult Mental Health, Newport Institute (Dec. 22, 2021), https://www.newportinstitute.com/resources/mental-health/cancel-culture-psychology/.