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Reasons why students and lecturers must have freedom of expression in universities
The first amendment
First amendment in modern law
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What if a college sponsors an activity, such as an “ugliest woman contest” where boys dress up as girls, and someone in the contest were to dress up as Aunt Jemima? At most public colleges and universities, such a display would be protected by the First Amendment to the Constitution. Wouldn’t it be nice if we didn’t have to worry about people doing such things? Wouldn’t the world be better if people had some common sense and displayed some respect for others by not doing or saying things that would alienate or offend other cultures, races, lifestyles, or sexes? Unfortunately, this is not the case and many public colleges and universities are caught in a balancing act between preserving their students’ First Amendment rights, while also trying to preserve the rights of their students to live and learn in an environment that is free from offensive language or actions. So, what is college hate speech? According to Griffin, Sullivan, and Robertson (2010), hate speech is speech intended to degrade, intimidate, or incite violence or prejudicial action against a person or group of people based on their race, gender, age, ethnicity, nationality, religion, sexual affiliation, gender identity, disability, language ability, ideology, social class, occupation, physical appearance, mental capacity, and any other distinction that might be considered by some as a liability. (p.225) And even though the First Amendment grants us the freedom of speech, including such hate speech, there are limits. The federal and all state governments, including public colleges and universities and private schools that accept federal financial aid, cannot unnecessarily regulate speech, with the following exceptions: “obscenity, figh... ... middle of paper ... ...e, R. (1994). The regulation of hate speech on college campuses and the Library Bill of Rights. Journal of Academic Librarianship, 19(6), 372-377. Retrieved from http://ehis. ebscohost.com/eds/pdfviewer/pdfviewer?vid=10&sid=55b48164-d699-4cf6-8f5b- 4c6ad633d724%40sessionmgr111&hid=116 Rabe, L.A. (2003). Sticks and stones: The First Amendment and campus speech codes. John Marshall Law Review, 37(1), 205-227. Retrieved from http://www.lexisnexis.com. proxy1.ncu.edu/hottopics/lnacademic/?verb=sr&csi=145279 Shiell, T. (2009). Campus Hate Speech on Trial. (2nd ed.). Lawrence, KS: University Press of Kansas. Tsesis, A. (2010). Burning crosses on campus: University hate speech codes. Connecticut Law Review, 43(2), 617-672. Retrieved from http://ehis.ebscohost.com/eds/pdfviewer/ pdfviewer?vid=12&sid=55b48164-d699-4cf6-8f5b-4c6ad633d724%40sessionmgr111& hid=4102
Charles R. Lawrence intended audience in his article “On Racist Speech” is college students and universities. His sense of tone is forthcoming. Lawerence word choice sets the tone by using the words conspicuous,dissenter, and bigot. The article gives examples of how universities do not protect minority college students. Lawrence states that universities should protect their students He also gives an example of how universities have tried to have rules to ban racist speech yet they have proven ineffective in stopping racial slurs. The regulations have not stopped the verbal brutality yet it has stopped the occurrences of physical fights. He mentions how students do not have any need to be hurt verbally.
“Freedom of expression, willful promotion of hatred and the charter of civil rights and freedoms: R.v. Keegstra.” Ontario justice education network. N.p., n.d. Web. 31 Mar. 2014. .
Racism Speech by Charles R. Lawrence In the following essay, Charles R. Lawrence encompasses a number of reasons why racist speech should not be protected by the First Amendment. In this document, he exhibits his views on the subject and how he feels the society should confront these problems. In this well- written article, he provides strong evidence to prove his point and to allow the reader to see all aspects of the issue. On Racist Speech Charles Lawrence has been active in his use of the First Amendment rights since he was a young boy.
Should the First Amendment stop protecting hate speech? In Derek Bok’s “Protecting Freedom of Expression on the Campus”, he argues that hate speech should be protected as censorship would be against the First Amendment. He declares “One reason why the power of censorship is so dangerous is that it is extremely difficult to decide when a particular communications is offensive enough to warrant prohibition or to weigh the degree is offensiveness against the potential value of communication.... if we were to forbid flags, it is only a short step to prohibiting offensive speakers” (Bok 67) What Bok is attempting to say is that we can technically declare anything as offensive. The idea of hate speech is varying on the opinion of a person rather than law.
This is just down right wrong because it’s unwarranted to give the right to do such a thing to schools and not to government. Thesis Schools have more rights than the government to affect and restrict the 1st Amendment and freedom of speech. Annotated Bibliography Hudson, David L., JR. " First Amendment Center. "
Benjamin Franklin once said, “Without freedom of thought, there can be no such thing as wisdom; and no such thing as public liberty, without freedom of speech.” Indeed, free speech is a large block upon which this nation was first constructed, and remains a hard staple of America today; and in few places is that freedom more often utilized than on a college campus. However, there are limitations to our constitutional liberties on campus and they, most frequently, manifest themselves in the form of free speech zones, hate speech and poor university policy. Most school codes are designed to protect students, protect educators and to promote a stable, non-disruptive and non-threatening learning environment. However, students’ verbal freedom becomes limited via “free speech zones.” Free Speech Zones are areas allocated for the purpose of free speech on campus. These zones bypass our constitutional right to freedom of speech by dictating where and when something can be said, but not what can be said.
middle of paper ... ... Violence on College Campuses," (Baltimore: National Institute Against Prejudice and Violence, 1990). Fox, James and Jack Levin Overkill: Mass Murder and Serial Killing Exposed (New York: Dell, 1996). Freeman, Steven, "Hate Crime Laws: Punishment Which Fits the Crime," Annual Survey of American Law (New York: New York University School of Law, 1993); pp.
Because of the rights given to students in the Frist Amendment, school administrators cannot prohibit student from being ignorant, hateful, mean, or even using offensive speech. Consider the case Street v. New York, the Supreme Court held that speech could not be restricted because it is offensive. In this case the court stated “… it is ...
Charles R. Lawrence III adresses the matter in his essay “The Debate over Placing Limits on Racist Speech Must Not Ignore the Damage It Does to Its Victims,” by providing the perspective of those on the reciving end. He explains that “racial slurs are particularly undeserving of First Amendment protection because the perpetuator’s intention is not to discover truth or initiate dialoge, but to injure the victim” (628). This argument is justified because some people do take their freedom of speech as far as offending someone because of their race, cultural, and social beliefs. As Cinnamon Stillwell proved in her essay, “Mob Rule on College Campuses,” some students do become bullies when their beliefs are challenged. Stillwell illistrates a situation that occurred at Columbia University when conservative Jim Gilchrist was invited to speak but was unable to because rioting students did not allow him. Stillwell then goes on to say that “Apparently in their minds, niether Gilchrist nor anyone else with whom they disagree has the right to express their viewpoints” (623). This can be applied to both sides because both of them seem to believe that the opposing belief has no right to speak especially when it is controversial. Lawrence mentions that “whenever we decide that racist speech must be tolerated because of the
"Protecting Freedom of Expression on the Campus” by Derek Bok, published in Boston Globe in 1991, is an essay about what we should do when we are faced with expressions that are offensive to some people. The author discusses that although the First Amendment may protect our speech, but that does not mean it protects our speech if we use it immorally and inappropriately. The author claims that when people do things such as hanging the Confederate flag, “they would upset many fellow students and ignore the decent regard for the feelings of others” (70). The author discusses how this issue has approached Supreme Court and how the Supreme Court backs up the First Amendment and if it offends any groups, it does not affect the fact that everyone has his or her own freedom of speech. The author discusses how censorship may not be the way to go, because it might bring unwanted attention that would only make more devastating situations. The author believes the best solutions to these kind of situations would be to
...that is accepted and listened to. Whether one’s audience is fellow classmates, the school body, or even the board of administrators themselves, every student in a higher institution deserves to be listened to without fear of punishment. Freedom of speech is the main foundational right that kept this country from falling into controlled government because it’s the right to have an opinion, even if it contradicts the “important” people. It is a basic right every citizen should have throughout their life as an American citizen, and more importantly, as a college student preparing for adulthood in a world where their opinions are crucial to society.
In the United States, free speech is protected by the First Amendment in which it states, “Congress shall make no laws respecting an establishment of religion … or abridging the freedom of speech.” Now, nearly 250 years into the future, the exact thing that the Founding Fathers were afraid of is starting to happen. Today, our freedom of speech is being threatened through different forces, such as the tyranny of the majority, the protection of the minority, and the stability of the society. Now, colleges and universities in the United States today are also trying to institute a code upon its students that would bar them from exercising their right to speak freely in the name of protecting minorities from getting bullied. This brings us into
The first amendment famously known as the “Freedom of Speech” had always defended by the United States Constitution in the form of the Bill of Rights. However, with the right of to voice our own opinion has led to some people inflicting hate to different group of people in a form of a hate speech. Hate speeches have always existed ever since the introduction of the first amendment in the United States constitution. They usually come into hating against American politicians based on their actions that they don’t agree. However, some individuals believe that hate speeches should be regulated. To address the both sides of the topic, the CQ reporter obtained a statement from Michel Rosenfeld and a response from James Weinstein to how they see the
Censoring school books in libraries can often lead to censorship of our basic freedoms guaranteed in the First Amendment. In some cases, a minority ends up dictating the majority in censorship
The First Amendment is known as the most protected civil liberty that protects our right to freedom of speech. There has been much controversy regarding hate speech and laws that prohibit it. These problems have risen from generation to generation and have been protested whether freedom of speech is guaranteed. According to our text book, By the People, hate speech is defined as “hostile statements based on someone’s personal characteristics, such as race, ethnicity, religion, or sexual orientation.” Hate speech is a topic of issue for many people and their right’s, so the question is often proposed whether hate speech should be banned by government.