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

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


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


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,


ethnicity, religion or sexual orientation.

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


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


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


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

about choosing

between the First Amendment and the Fourteenth Amendment. Were talking


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


depends on an atmosphere of openness, intellectual honesty and tolerance

for the ideas

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


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


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

speech rights

are indivisible. Restricting the speech of one group or individual


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.


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


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


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


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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