Wednesday, February 15, 2012

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Freedom of Speech


Racism, sexism and homophobia is growing on college campuses around the


country. In response, many universities have adopted policies that


address bigotry by


Cheap University Papers on nada

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placing restrictions on speech. The alternative to such restrictions, many


administrators


argue, is to allow bigots to run rampant and to subject their targets to a


loss of equal


educational opportunity. The power of a university to eliminate bias on


campus


ultimately depends not on its ability to punish a racist speaker, but


instead on the depth


of its commitment to the principles of equality and education. Many


universities, under


pressure to respond to the concerns of those who are the objects of hate,


have adopted


codes or policies prohibiting speech that offends any group based on race,


gender,


ethnicity, religion or sexual orientation.


Thats the wrong response, well-meaning or not. The First Amendment to


the


United States Constitution protects speech no matter how offensive its


content. Speech


codes adopted by government financed state colleges and universities


amount to


government censorship, in violation of the Constitution. And the ACLU


believes that


all campuses should adhere to First Amendment principles because academic


freedom


is a bedrock of education in a free society. No social institution is


better suited to fight


bigotry than the university. It can do so in its courses and perhaps most


importantly


through the way it conducts itself as a community. Were not talking


about choosing


between the First Amendment and the Fourteenth Amendment. Were talking


about


choosing between regulating speech and regulating action. Murder is


illegal. Talking


about it isnt. Freedom of thought and expression is particularly


important on the


college campuses. The educational forum is where individuals come


together to


participate in a process of shared inquiry and where the success of that


endeavor


depends on an atmosphere of openness, intellectual honesty and tolerance


for the ideas


and opinions of others, even when hateful or offensive. Compromising free


speech


ultimately threatens the rights of minorities. All too often, regulations


on speech are


used to silence the very people they were designed to protect in the first


place. As


Eleanor Holmes Norton has said It is technically impossible to write an


anti-speech


code that cannot be twisted against speech nobody means to bar. Free


speech rights


are indivisible. Restricting the speech of one group or individual


jeopardizes


everyones rights because the same laws or regulations used to silence


bigots can be


used to silence you. Conversely, laws that defend free speech for bigots


can be used to


defend the rights of civil rights workers, anti-war protesters, lesbian


and gay activists


and others fighting for justice.


The U.S. Supreme Court did rule in 14, in a case called Chaplinsky vs.


New


Hampshire, that intimidating speech directed at a specific individual in a


face-to-face


confrontation amounts to fighting words, and that the person engaging in


such


speech can be punished if by their very utterance [the words] inflict


injury or tend to


incite an immediate breach of the peace. If a white student stops a


black student on


campus and utters a racial slur. In that one-on-one confrontation, which


could easily


come to blows, the offending student could be disciplined under the


fighting words


doctrine for racial harassment.


Banning expressions of hate does not make them go away. If we allow them


to


be expressed and then each of us takes the individual responsibility to


voice our


disgust, opposition, annoyance and why, then we will educate many others


to why


certain ideas are abhorrent. Discussion is the best silencer because it


reeducates not


just the perpetuator of hate, but those who are observing it





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