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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
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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