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The case against banning the word 'retard'

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Fortunately, we've come a long way from those days. It's precisely the new enlightenment and openness about mental disabilities that allow Palin to launch the controversy over "retard." But at a subconscious level, the underlying taboo may explain why we constantly seek new terms for this type of disability, new ways to avoid the old stigmas. Invariably, negative connotations materialize around whatever new word is used; "idiot" becomes an insult and gives way to "retardation," which in turn suffers the same fate, leading to "intellectual disability." This illustrates one of the recurring follies of speech restriction: While there may be another word to use, a negative connotation eventually is found. Offense -- both given and taken -- is inevitable.

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Whatever future offensiveness may emerge, though, are we not better off by purging today's insulting language and making our discourse a little kinder? That is the argument of self-censorship advocates such as Palin, who draws parallels between the use of the R-word and the N-word -- the most powerful and insulting of all racial epithets. In some respects, the comparison seems overblown. The N-word invokes some of the foulest chapters in our nation's history; "retard," however harsh, pales in comparison. But there still may be some guidance to be gleaned.

While the N-word endures as an insult, it is so stigmatized that its use is no longer tolerated in public discourse. This is a positive step for us all, of course, but its containment does not come without costs. As Harvard law professor Randall Kennedy described in his 2002 book on the subject, stigmatizing the word has elicited new problems, including an overeagerness to detect insult where none is intended and the use of excessively harsh punishment against those who use the word wrongly.

I've coined a term for overzealous or extreme responses to insulting words: "word fetish." Those under the influence of word fetish aren't content to refrain from using a certain word; they are set on eradicating any use by others. A classic example was the plight of David Howard, a white employee in the D.C. mayor's office in 1999. Howard told staff members that because of budget cuts, he would have to be "niggardly" with available funds. Wrongly believing "niggardly" was a variation of the N-word, black subordinates lobbied for his resignation. Howard ultimately resigned after public protests, though he was soon reinstated. If the campaign against "retard" is successful, an identical risk of word fetish exists. (Imagine that Emanuel had spoken of "retarding the opposition" -- would that be unacceptable?)

Like virtually every word in our language, the N-word has multiple uses. While its use as an insult has decreased, there has been a resurgence of the word as a term of identification, even affection, among some African Americans. But should certain groups of people, to the exclusion of others, be allowed to reclaim certain words? If "retard" or "retarded" were similarly restricted, could intellectually disabled individuals appropriate the term for self-identification, essentially reclaiming its original use or developing a new one?

Over time, word fetish can evolve into censorship among private organizations and ultimately direct government control of language and institutionalized word taboo. During the 1980s and 1990s, for example, many colleges and universities sought to reduce discrimination by developing speech codes, often targeting racial hate speech such as the N-word. Even with the most combustible insults, however, there must be some accommodation to their continued use; freedom of expression surely embraces unpopular, even insulting, speech. Luckily, speech codes that have been challenged in court have generally lost because they violated the First Amendment.

The risk of direct government censorship of the word "retard" is real. The New Zealand chapter of the Special Olympics is already calling on the country's Broadcasting Standards Authority (equivalent to our Federal Communications Commission) to deem the word "retard" unacceptable for broadcast. This plea is based upon a single incident involving New Zealand television personality Paul Henry, who described the runner-up in the "Britain's Got Talent" competition, Susan Boyle, as retarded. It is not difficult to imagine calls for a similar broadcast ban emerging here.

The current public awareness campaign surrounding the use of the word "gay" offers better lessons and parallels for the R-word debate. Advocacy groups contend that the phrase "that's so gay" fosters homophobia and that anti-gay language is directly related to violence and harassment against homosexuals. At the same time, there is recognition that much anti-gay language is uttered carelessly and isn't necessarily intended as hurtful -- as is probably the case with uses of "retard." The Ad Council and the Gay, Lesbian and Straight Education Network have developed a Web site, ThinkB4YouSpeak.com, that, much like R-Word.org, encourages the public to sign a pledge to cease using the phrase. (The slogan: "Saying that's so gay is so yesterday.")

By increasing sensitivity and awareness, the campaign hopes to encourage people to think about the possible consequences of their word choices. Such reflection would presumably lead individuals to censor themselves once they understand that others can be hurt by their language.

Inherent in this idea is the realization that words have multiple meanings and that those meanings depend on the context and circumstances surrounding any particular statement. For example, "gay" is a term of identification for homosexuals, but it also can be used as an all-purpose put-down: "That's so gay." Those using it as an insult don't intend to say "that's so homosexual," nor do they necessarily make the conscious leap that homosexuality is bad. (Indeed, the success of the ThinkB4YouSpeak.com campaign depends on this distinction.)

Similarly, the R-word has multiple usages. When Emanuel calls fellow Democrats "retarded" for jeopardizing a legislative plan, the term is a stand-in for "stupid" or "misguided" or "dumb" -- it obviously does not mean that they meet the IQ diagnostic standard for intellectual disability. It is quite another thing to look at a person with Down syndrome and call him or her a "retard." So, if there are readily identifiable alternate meanings, what is the reason for censorship?

Differing usages also give rise to reclaiming -- when words that have an offensive meaning are deliberately given a new spin. The putative slur is captured, repurposed and owned by the target of insult. We see this when an African American uses the N-word as a term of identification for his friends, or when the word "queer" is reclaimed for TV shows such as "Queer Eye for the Straight Guy" and "Queer as Folk," and for queer studies and queer theory in university courses. Reclaiming the word "retard" is an option that should involve no risk to freedom of expression.

If interest groups want to pour resources into cleaning up unintentional insults, more power to them; we surely would benefit from greater kindness to one another. But we must not let "retard" go without a requiem. If the goal is to protect intellectually disabled individuals from put-downs and prejudice, it won't succeed. New words of insult will replace old ones.

Words are ideas, and we should be reluctant to surrender any of them. Freedom of expression has come at a dear price, and it is not worth abridging, even so we can get along a little better. That's one F-word we really can't do without.

Christopher M. Fairman is a professor at the Moritz College of Law at Ohio State University. He is the author of a book subtitled "Word Taboo and Protecting Our First Amendment Liberties," whose title is unprintable here. Fairman will be online to chat with readers on Tuesday, Feb. 16, at 11 a.m. ET. Submit your questions and comments before or during the discussion.


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