POINT OF VIEW In ‘Docs v. Glocks’, a win for free speech, public health – Palm Beach Post

Lets not mince words. Once again, the courts have rescued the people of Florida from the extremism of their own Legislature.

Attorney General Pam Bondi and Gov. Rick Scott let the deadline pass to appeal to the U.S. Supreme Court the decision striking down the gag order on doctors in the infamous Docs v. Glocks case.

Whether this was an intentional decision to throw in the towel on this dangerous and unconstitutional restriction on freedom of speech or simply neglect, we dont know. But any threat to strip a doctor of his or her license for talking to patients about the safe storage of guns in the home has been removed.

The American Civil Liberties Union, aided by an exceptionally skilled legal team, worked for six years on behalf of more than a half-dozen medical, pediatric and childrens rights organizations in support of the doctors who courageously challenged the states effort to gag their discussions with patients about gun safety and especially keeping guns out of the reach of children.

Yes, there is a constitutional right to own a gun. We all get that. But our legislature was conned into swallowing the fiction that talking about guns and gun safety somehow threatened this constitutional right.

What is important now is that every doctor in Florida knows that the First Amendment right guaranteeing freedom of speech once again provides protection for the medical community to honor its mission to protect the health and lives of patients. And this includes counseling patients who own guns to ensure that they are safely stored to prevent suicides and out of the reach of children to prevent tragic accidental shootings.

And this includes counseling patients who own guns to ensure that they are safely stored to prevent suicides and out of the reach of children to prevent tragic accidental shootings.

One of the many reasons that this case was so important is that Florida became a test case. If the courts didnt stand up for the free speech of doctors, you could be sure that the National Rifle Association would have had this dangerous law introduced in every state. But the strong affirmation of free speech by the federal appeals court hopefully ends this deadly threat here.

This victory for the freedom of speech for doctors and the medical community had to overcome the collective opposition of very powerful forces, including the NRA, which sponsored this dangerously mistaken policy, the Legislature that adopted it, the governor who signed it, and the attorney general who defended it in the courts.

But after six years, that is now thankfully behind us.

Editors note: Howard Simon is executive director of the American Civil Liberties Union of Florida.

Our Legislature was conned into swallowing the fiction that talking about guns and gun safety somehow threatened the constitutional right to bear arms.

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POINT OF VIEW In 'Docs v. Glocks', a win for free speech, public health - Palm Beach Post

In flap over free speech, Kutztown University loosens sidewalk … – Philly.com

Chalk it up to a lesson in free speech: Kutztown University has changed its policy on sidewalk chalk messages after an antiabortion group protested what it called censorship by scrub brush.

The episode began in March when a chapter of Students for Life of America used colored chalk to write antiabortion messages on sidewalks at the rural Berks County university, which is part of the Pennsylvania state system of higher education.

After university employees washed away the messages on two consecutive days, the student group turned to a conservative nonprofit legal organization, Alliance Defending Freedom. It sent a letter to the university president, accusing the school of unconstitutional censorship and demanding a revised chalking policy.

In a statement issued Monday, the university said the March incident was simply a misunderstanding as the messages were erased during campus cleaning.

A student group chalked antiabortion messages on Kutztown University sidewalks

When the university administration became aware of the situation, the group was immediately informed that it had every right to chalk its messages on our campus, the statement said.

The chalking guidelines were revised in April to better reflect our support of free speech, the statement added. The revision scrapped a section on message content that required messages to be educational or informative in nature, and prohibited messages deemed to have a clear and present potential hazard of interfering with the process of the university.

In a statement Monday, Alliance Defending Freedom lawyer Travis Barham said: No public university can silence student speech simply because officials dont like what the students are saying. We commend Kutztown University officials for revising their policy to respect freedom of speech for all students.

Around the country, chalking has long been a cheap, easy way for students to advertise campus events. But in recent years, a number of schools have had flaps over politically charged messages. Last year at Emory University outside Atlanta, for example, chalk declarations supporting then-presidential candidate Donald Trump prompted a protest demonstration; the university president issued a bulletin affirming the value of vigorous debate, speech, and protest as well as civility and inclusion.

Last month in California, Alliance Defending Freedom and Students for Life decried the erasure of antiabortion chalk texts at Fresno State University. But in that case, a professor and his students scuffed out messages for which the university had given permission, according to alliance lawyers.

Published: June 13, 2017 2:06 PM EDT

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In flap over free speech, Kutztown University loosens sidewalk ... - Philly.com

We need free speech to fight the right – Socialist Worker Online

Counterdemonstrating against the alt-right in Portland (Leighta Lehto)

"FREE SPEECH or die, Portland. You got no safe space. This is America. Get out if you don't like free speech."

Those were the chilling words of anti-Muslim terrorist Jeremy Christian at his arraignment for stabbing three people who tried to stand up to his harassment of two women of color, one of them wearing a hijab, on a light rail train in Portland, Oregon.

Christian was responding to the far right's current cynical campaign in defense of what it calls "free speech"--which to the bigots means the freedom to harass, intimidate and assault oppressed people with no opposition.

In a Facebook event in support of Christian that was quickly deleted, white nationalists claimed that in killing two people and seriously injuring a third, Christian was defending his right to free speech from the men who tried to stop him from verbally assaulting two high school girls with his bigoted rant.

In a less overt call to violently protect hate speech at the alt-right's June 4 "Trump Free Speech" rally, Kyle Chapman--also known as "Based Stickman"--encouraged members of the crowd to "protect people with conservative ideology from being systematically oppressed."

And, of course, these right-wingers also unapologetically support the many First Amendment violations committed by police. There were a multitude of "Blue Lives Matter" flags at the right's June 4 rally--and the right-wingers cheered when police used excessive force to shut down the Antifa counterprotest. When the rights of 300 counterprotesters were violated by police who kettled them on a city block and took pictures of their IDs, these so-called champions of "freedom" had nothing to say.

But attempts by newly forming fascist organizations to warp the concept of freedom of speech shouldn't lead our side to abandon this important principle, which is vital to building a strong movement that can take on the racist right.

Calls from politicians to put limitations on speech, like the attempt made by Portland Mayor Ted Wheeler to get the federal government to revoke the alt-right's permit for the June 4 rally, only serve to further embolden the right and plant the seeds for future crackdowns on the left.

Fortunately, a much more effective response to the right took place when more than 2,000 Portlanders attended various counterprotests, the largest one being the Portland Stands United Against Hate rally.

The counterprotesters refused to be intimidated and used their free speech to show the far right that the vast majority of Portland won't allow hate to go unchallenged. Mobilizations like this are the only effective option for confronting the emboldened right and their efforts to recruit larger numbers.

- - - - - - - - - - - - - - - -

WHEELER'S REQUEST may have struck many progressives as a logical response, particularly after the experience of a previous right-wing rally that Christian showed up to with a baseball bat a few weeks before his double homicide that traumatized the city.

In reality, however, the mayor's action played into the hands of the far right, which is actively recruiting by positioning itself as defenders of free speech.

The federal government declined to revoke the permit, but the right was still able to use Wheeler's request to its advantage. Portland organizers of a June 10 anti-Muslim rally announced that they would move their efforts out of Portland to Seattle "due to Mayor Wheeler's inflammatory comments and what we feel is an incitement of violence, he has shamefully endangered every scheduled participant."

The decision to not have another hate rally in Portland might, in reality, have been a response to the quick organization of a second Portland Stands United Against Hate event and the large numbers of people who promised to attend another counterprotest. But the bigots will use any opportunity to portray themselves as victims of perceived oppression to win new supporters.

The left should also be clear that we don't want our blatantly undemocratic government--which gave Donald Trump the presidency despite his losing the popular vote--to have the power to dictate the terms of free speech.

Restrictions on speech have historically been used to suppress oppressed minorities, workers and the left. This is clearly the intention of the new president, who during his campaign lamented over the "good old days" when protesters were treated "very, very rough. And when they protested once, you know, they would not do it again so easily."

- - - - - - - - - - - - - - - -

HIGH-PROFILE incidents of right-wing violence and intimidation are undoubtedly on the rise, from the Portland murders to the killing of Black army veteran Richard Collins III at the University of Maryland, to the death threats against Princeton professor Keeanga-Yamahtta Taylor. The right claims to be the protectors of freedom, yet they are terrorizing people who want to use those freedoms in their lives.

But we have to be clear that the government blocking right-wing rallies won't stop the right's hateful message from taking root--not as long as the underlying conditions fueling hatred and bigotry goes unaddressed.

Since the economic crisis of 2007-08, a political polarization has taken place in the U.S., pushing people to the left and to the right at the same time. The right's answer to the crisis has been to step up scapegoating, while Donald Trump escalates the war on workers and the oppressed. The far right and Republicans are drawing closer together, as each looks to take advantage of the other's successes to recruit.

Government crackdowns on free speech and small bands of left-wing street fighters won't stop the right--on the contrary, they might, in fact, help the right to recruit.

Instead, we need large numbers to confront the right, expose their fraudulent claims to be an oppressed "silent majority," and demoralize potential new supporters.

We must also focus on organizing our side to pose an alternative to the right's scapegoating and hate as polarization continues to deepen. We're going to need to use our right to free speech to expose the hypocrisy of the bigots--and argue for a radical alternative to the dehumanizing conditions of capitalism that created the conditions for the right to grow.

Christopher Zimmerly-Beck contributed to this article.

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We need free speech to fight the right - Socialist Worker Online

Should Constitution be amended to make Freedom of Speech a direct Fundamental Right? – The Indian Express

Written by Manish Tewari | New Delhi | Published:June 13, 2017 7:55 am Are newspapers, broadcasting, radio and even social media an exercise in freedom of speech and expression or are business or trade subject to restrictions under Article 19 (6)?

The Constitution of India does not formally recognize the Freedom of the Press. Article 19 of the Constitution proclaims the protection of certain rights regarding freedom of speech etc. (1) All citizens shall have the right to freedom of speech and expression; to assemble peaceably and without arms; to form associations or unions; to move freely throughout the territory of India; to reside and settle in any part of the territory of India; and to practice any profession, or to carry on any occupation, trade or business.

The Constitution caveats the freedom of speech and expression with the following all encompassing restrictions that are prone to expansive, ambiguous and self-serving interpretations.

(2) Nothing in sub clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence, it says.

There is a further joker in the pack and that lies in the form of Article 19 (6) that circumscribes the right among other things to carry on any trade or business. The question, therefore, that remains open to malicious construal is whether newspapers, broadcasting, radio and even social media are an exercise in freedom of speech and expression or are business or trade subject to restrictions under Article 19 (6).

This is precisely the insidious distinction that the CBI sought to draw when they put out a press release stating they had raided the office and business premises of the promoters of NDTV and not the Newsroom.

In other words, attempting to suggest that they were not interfering in the freedom of the press but merely trying to probe/ investigate/ regulate the backend or the business end of the commercial enterprise called NDTV. The relevant excerpt from the statement reads as follows; It is clarified that searches have been carried out at the premises of the promoters and their offices based on search warrants issued by the Competent Court. CBI has not conducted any search of registered office of NDTV, media studio, newsroom or premises connected with media operations. CBI fully respects the freedom of press and is committed to the free functioning of news operations.

As a lawyer and a former minister of Information & Broadcasting, I can only say with a reasonable degree of authority that not only is this the most vile hairs-plitting, it is also hilariously side-splitting. When you have to squeeze a media company you do not attack its news operations; instead, you go for the jugular by cutting off its revenue streams and put its business activity under a microscope, all the while sending it private messages that if your news coverage falls in line then the government will make the bad stuff go away. This is the Executives standard operating procedure when it lets its hounds loose on a media organization.

But the Supreme Court has held in a catena of decisions that the business end of a media enterprise is intrinsically and organically linked to freedom of speech and expression. As far back as 1961 regarding the Sakal newspaper, a Constitution bench of the court laid down the law that holds the field even today.

It reads as follows : The only question that would then remain would be whether the impugned enactment directly impinges on the guarantee of freedom of speech and expression. It would directly impinge on this freedom either by placing restraint upon it or by placing restraint upon something, which is an essential part of that freedom. The freedom of a newspaper to publish any number of pages or to circulate it to any number of persons is each an integral part of the freedom of speech and expression. A restraint placed upon either of them would be a direct infringement of the right of freedom of speech and expression.

It therefore is evidently clear that any unwarranted attack on the commercial aspect of a media enterprise that is based upon obtained complaints and actuated by malice, paranoia or executive schizophrenia is a direct, unmitigated and sledgehammer assault on freedom of speech and expression.

Now contrast the Indian constitutional scheme with the American constitutional position. The First Amendment to the US Constitution protects the Freedom of the Press in its entirety. It reads as follows : Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Thus the estoppel is absolute. The US Congress can enact no law that abridges the freedom of the press in any manner much less let loose the hordes of Chengiz Khan - the law enforcement and investigative authorities to bludgeon a media house into subjugation. The US Congress passed this amendment along with eight others making up the Bill of Rights as far back as 15th December 1791.

These forty-five words encompass the most basic of American rights: Freedom of religion, freedom of speech, freedom of the press, the right of assembly, and the right of petition.

The First Amendment was not important in American life until well into the 20th century. The meaning was not clear even in 1791 but the intent was. Notwithstanding such unambiguous intent the words still are the subject of continuing interpretation and dispute even in the 21st century.

Therefore, to obviate any sinister sophistry about Article 19 (1) (a) in the Indian Constitution, which the CBI craftily came up with, perhaps the time has come for India to amend its Constitution and include the Freedom of Press as a direct right in the chapter on Fundamental Rights, rather than a derivative freedom of the Right to Speech and Expression . This would obviate any attempts by right-wing, left wing or centrist authoritarian figures to endanger this basic, natural and inviolable right.

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Should Constitution be amended to make Freedom of Speech a direct Fundamental Right? - The Indian Express

Decision time at the Supreme Court: Rulings expected soon on religion, free speech and immigration – Los Angeles Times

Its decision time at the Supreme Court, as the justices prepare to hand down the final rulings of their current term by the end of this month. They are due to rule in 21 cases, including disputes over religion, free speech and immigration that could have broad significance.

This years term has been quieter than normal. It began in the fall when eight justices were waiting for the presidential election to decide who would fill the seat left vacant by the death of Antonin Scalia. New Justice Neil M. Gorsuch arrived in mid-April in time to hear about a dozen cases.

Most of this years docket was taken up with cases that asked the justices to clarify the law, not settle a highly contentious issue.

Before their summer recess, the justices are also expected to act on several pending appeals.

Lawyers for President Trump want the court to issue an order putting into effect his scaled-down foreign travel ban and then to grant review in the fall of the appeals court ruling that declared it unconstitutional.

The justices have also spent weeks considering appeals in three cases that could lead to major rulings if they are granted review for the fall. One involves a Colorado baker who turned away a gay couples request for a wedding cake. At issue is a clash between religious rights and a states anti-discrimination law. The other two cases test the reach of the 2nd Amendment and the right to bear arms.

The court is also expected to take up a major case on partisan gerrymandering from Wisconsin which could yield early next year an important ruling on political power.

Here are notable cases due to be decided this month:

Must a state offer equal funds to church schools if other private groups may qualify? A seemingly small dispute over the playground at a Lutheran day center in Missouri could trigger a major shift in church-state law. Most states constitutions forbid sending tax money to a church. Religious rights advocates sued when Missouri refused to pay for rubberizing a church schools playground, and they argue the court should strike down the limits on state funds going to churches as discriminatory and abridging the 1st Amendments protection for the free exercise of religion. The court heard the case in April, a few days after Gorsuch arrived. (Trinity Lutheran vs. Comer)

Does the federal trademark law violate the freedom of speech because it forbids names and phrases that may disparage people or groups? Washington, D.C.s pro football team, the Redskins, are in danger of losing their trademark because of this provision. The justices heard the case of an Asian American band that calls itself the Slants and seemed divided over whether this was a racial slight or humor. (Lee vs. Tam)

May U.S. authorities arrest and jail for as long as needed immigrants who face deportation, or does the Constitutions guarantee of due process of law accord them a bond hearing within six months and possible release if they pose no danger or flight risk? A class-action lawsuit in Los Angeles challenged the long-term detention of these immigrants, many of whom typically go on to win their cases and are eventually set free. It led to a ruling from the U.S. 9th Circuit Court of Appeals putting limits on the jailing of immigrants. The case was heard in November shortly after President Trump was elected. (Jennings vs. Rodriguez)

Can a U.S. border patrol agent be sued for fatally shooting a Mexican teenager who was standing on the other side of the border? Video of the officer killing the 15-year-old boy provoked outrage along the border, but U.S. officials refused to prosecute the agent, and federal judges threw out a lawsuit filed by the boys parents on the grounds that the Constitution did not protect the Mexican boy on Mexican soil. In cases about the U.S. detention center in Guantanamo Bay, Cuba, however, the court has said the Constitutions protection did extend to territory beyond the border that was under the control of U.S. authorities. (Hernandez vs. Mesa)

Is breaking into a garage or empty home a crime of violence that requires the deportation of a longtime legal immigrant? The law says noncitizens who are guilty of an aggravated felony, including a crime of violence, must be deported. But it is not clear what crimes qualify. A Filipino native who has lived in Northern California since 1992 faces deportation for a 10-year-old burglary conviction involving break-ins of a garage and a house. But the 9th Circuit Court said the law itself was unconstitutionally vague because it did not define a crime of violence. (Sessions vs. Dimaya)

david.savage@latimes.com

On Twitter: DavidGSavage

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Decision time at the Supreme Court: Rulings expected soon on religion, free speech and immigration - Los Angeles Times

Don’t be selective with freedom of speech – Springfield News-Leader

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Daniel Finney, Springfield 7:16 p.m. CT June 10, 2017

Last week I was watching Kathy Griffin BOO-HOOing that the Trump family was trying to ruin her career. Someone in her "group" even said it's censorship. Seriously?

Just a few short years agoa rodeo clown, here in Missouri, wore a Halloween mask (that you could buy in a store) of President Obama as part of his routine in the rodeo. His career as a rodeo clown was ruined. He was labeled a racist and was called who knows what, received death threats, etc.

It's weird to me how a liberal mind can rationalize that wearing a Halloween mask is racist, but holding up the likeness of a sitting President's bloody severed head is freedom of speech!

Read or Share this story: http://sgfnow.co/2s9MSOx

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Freedom of speech is for white people | The University Star – Texas State University – The University Star

In the past few years it has become a growing trend for individuals who feel the need to adamantly defend their constitutional right to free speech to usually be vehemently racist or otherwise problematic white people.

Whether it is Kim Davis, the county clerk who infamously defied the ruling of U.S. Supreme Court and refused to grant same-sex couples in Kentucky their marriage licenses, or Richard Spencer, a bold-faced white supremacist who advocates for peaceful ethnic cleansing, the first amendment has become a key rallying point for a growing conservative movement against a culture of Political correctness.

This particular view in a battle of principles is usually attributed to an honest and holistic respect for the American constitution as it is written. However, if this is the case, why do we rarely see these proud defendants of free speech when it comes to the frequent silencing of activists and people of color who choose to stand their ground?

A video from Texas State went viral this past semester after a student flew into a fit of rage toward a religious group that had fabricated images to persuade people to be pro-life concerning abortions. In the video, the student sets aside a balloon and bouquet of flowers to proceed through an audibly emotional tirade, kicking and punching various signs displaying graphic abortion imagery as an older gentleman attempts to calm him down.

Even many who supported his stance against anti-abortion rhetoric were eager to point out how his actions were ignorant, immature and a general disgrace to Texas States falsely proclaimed Free Speech Zone. Texas State is a public university and there is no specifically designated free speech zone, but the point to which students are willing to defend fabricated information that is obscene, hateful and potentially damaging to the mental health of many of their peers indicates a larger issue that perhaps is not tied to the sanctity of an organizations right to display poster boards.

Considering all of these are factors thatshouldfall under thelimits to free speechas defined by the Supreme Court casesGertz v. Robert Welch Inc.andMiller v. California, it becomes clear that students objections to this display of political rage are less rooted in concern for the preservation of constitutional rights, but rather fit a familiar rhetoric that desperately wishes only for peaceful, unobtrusive protests that allow the normalization of violent systems of oppression.

Whether you agree with this students actions or not, it is a silly notion to insist that he instead try talking to the organizers of the anti-choice display as if they themselves travel from university to university with the intention of having meaningful discourse and understanding. They purposefully produce hateful imagery and count on our loose understanding of constitutional free speech and need for normalcy as a buffer to spread their falsified information to vulnerable audiences. The more we find the courage to break out of these imagined rules on how to respectfully engage with perpetrators that are rarely held to the same standard respect, the more we can utilize the full range of options at hand when it comes to the dismantling of hateful institutions.

-Tafari Robertson is a public relations senior

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Freedom of speech is for white people | The University Star - Texas State University - The University Star

Balance Between Free Speech, Respect in Workplace Tricky but Possible – Utah Business

Salt Lake CityAt times, the workplace can feel like a battleground between free speech and preventing harassment or discrimination. Navigating the laws concerning both can be a tricky dance for employers and managers, but it can be done, said Ryan D. Nelson, president of the Utah Employment Association.

Just as you can express yourself, your employees can and will, inside and out of the workplace, and sometimes that cause conflict, he said.

Part of the conflict comes from the fundamental basis of expression in opinionbecause its an opinion, its holder cant be right or wrong, he said, and people express it usually with a certain expectation of being right. There are a number of laws, some of which supersede others, that have to be considered when balancing maintaining a safe workplace and allowing employees to have freedom of speech, he said.

The Constitutional First Amendment right to free speech is one such consideration, but so is the National Labor Relations Act, which protects free speech and political expressions as far as they touch on wages, hours or working conditions; Title VII, which applies to public and private employers with at least 15 employees and protects against harassment or discrimination based on race, color, religion, sex or national origin; and Utahs own free speech law, which protects persons speaking as citizens on a matter of public concern as long as it doesnt disrupt business.

Those laws can sometimes trump each other, and in some instances, speech can be protected under some but not others. Nelson pointed to an op-ed from earlier this year from then-Wasatch County Republican Party Vice Chair James Green, who argued that eliminating the wage gap between men and women would be harmful for businesses and threaten mens abilities to provide for their families. The opinion piece received explosive backlash, prompting Green to resign from his position days later.

From a legal standpoint, Nelson said, Greens op-ed was protected speech under Utah Codeit expressed his opinion as a private citizen about a matter of public concernbut was not protected under Title VII or the NLRA. If Green had been fired, rather than resigned, that action would have been appropriate under Title VII and the NLRA, but would have broken Utah law.

Likewise, if an employee wants to display a religious picture or symbol in their personal workspace, although that action is not specifically covered by NLRA or Utah law, Title VII permits itas long as non-religious personal items, including photos, are allowed in others private workspaces and the religious item is not offensive to any other protected groups.

The balance can also depend on whether a company is a public or private employer, said Nelson, and extends beyond words and actions. A 2016 case with the Equal Employment Opportunity Commission centered on a Dont Tread on Me shirt worn by an employee that another employee, who was black, found offensive. The supervisor, familiar with the symbols history in the Revolutionary War, dismissed the black employees concerns that the symbol was racist. The EEOC found that while the supervisor was still within his rights to dismiss the concerns, he was negligent in researching the full history of the symbolin some areas, the familiar coiled snake is used by racist groups.

Nelson said the conflicting rules and analyses can make compliance difficult, but employers must exercise due diligence to not only be in compliance with the law but make sure their workplaces are conducive for employees. Employers might be tempted to either allow all forms of expression, or curtail personal expression altogether, but Nelson said there are problems with both of those approaches, as there is with a middle-of-the-road approach.

When youre doing this analysis running through the facts, you should have a very, very solid grasp on the facts, but also, with symbols, understand what they mean and what meaning they can have, he said. What we want to be aware of is where that line is drawn.

Nelson said employers should reiterate Equal Employment Opportunity policies and compliance, talk with managers to ensure they report issues, take inter-office employee relations into account, and be consistent with the policy across the board. By distilling a culture of co-existence, not just to managers but from bottom to top, employers can foster a welcoming workplace, he said.

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Balance Between Free Speech, Respect in Workplace Tricky but Possible - Utah Business

Respect their freedom of speech, and they should respect yours: Letters – The San Gabriel Valley Tribune

Holding our peace

Re Thousands drawn to free speech rally and protests (June 5): Students learn in U.S. Government 101 that no matter how odious they may find another persons opinions, that persons speech is protected by our Constitution under the First Amendment: Congress shall make no law ... abridging the freedom of speech.

Students must be prepared to become educated (not indoctrinated) to a particular point of view. If they disagree, they should engage their opponents in civil discourse rather than in violent confrontations. No, we dont have to respect those who voice opinions we find repugnant, but lets hold our peace while they present them. Then, when its our turn to voice our opinion, lets ask them to render the same courtesy to us we gave to them.

David Quintero, Monrovia

Feeling the heat

We are appreciative of Larry Wilsons column (June 7) on his day with Pasadena Fire Department training, called Fire Ops 101, at Station 33. Our department offers this opportunity so residents can see what their public safety professionals do in our jobs while protecting everyone in Pasadena.

Fire Ops 101 allows community leaders to step into the boots of local firefighters to feel the heat and to have a hands-on experience as a firefighter to get an up-close view of what its like to do our dangerous jobs.

We encourage everybody to take advantage of these and other events to interact with public safety employees and get, as Mr. Wilson aptly wrote, the chance to understand what it is to be put in harms way every day for your job.

Scott Austin, president, Pasadena Firefighters Local 809

Donations or bribes?

Though Gary Cliffords of Athens Services wrote in defense of his company (June 7), I believe what reporter Christopher Yee was referring to in his article on the state controllers audit of South El Monte, and what your editorial (June 1) is referring to, is the continued practice of Athens contributing to the campaign of candidates running for city council in cities where they have trash-hauling contracts.

This is not just a South El Monte issue but a problem for other cities as well.

Dont tell me a politician will not be influenced on contracts when money (bribes) is being put in their pockets.

Please take five minutes out of your time and google Athens Services and city trash-hauling contracts and see for yourselves!

Ken Mikkelson, West Covina

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Respect their freedom of speech, and they should respect yours: Letters - The San Gabriel Valley Tribune

Myanmar Journalists Take Fight for Freedom of Speech to Court – Voice of America

YANGON, MYANMAR

More than 100 reporters in Myanmar are preparing to protest against laws seen as curbing free speech when two senior journalists go on trial on Thursday, after the military sued them for defamation over an article in a satirical journal.

The rare campaign, in which journalists will wear armbands reading "Freedom of the Press," underscores growing public unease at the laws, after the courts recently took up a raft of similar cases.

Despite pressure from human rights bodies and Western diplomats, the government of Aung San Suu Kyi has retained a broadly worded law that prohibits use of the telecom networks to "extort, threaten, obstruct, defame, disturb, inappropriately influence or intimidate."

The law was adopted by the semi-civilian administration of former generals led by former president Thein Sein which navigated Myanmar's opening to the outside world from 2011 to 2016.

Arrests of social media users whose posts are deemed distasteful have continued under the administration of Nobel Peace Prize winner Aung San Suu Kyi.

These include the case that sparked the protest, after the chief editor and a columnist of the Voice, one of Myanmar's largest dailies, were arrested for publishing its take on a film on the army's fight with ethnic rebels.

Myanmar journalists have urged authorities to release the reporters and have set up a Protection Committee for Myanmar Journalists.

"The 66 (d) law should be terminated, because the government and the military have used it to cause trouble for the media and the people," said Thar Lon Zaung Htet, a former editor of the domestic Irrawaddy journal who organized the meeting, referring to a controversial clause in the telecoms law.

He said the journalists would gather in front of the court and march to the Voice office wearing the armbands. The panel will also gather signatures for a petition to abolish the law, to be sent to Aung San Suu Kyi's office, the army chief and parliament.

Other recent cases include last weekend's arrest of a man publicly accusing an assistant of Yangon's chief minister, Phyo Min Thein, of corruption, and charges against several people over a student play critical of the military.

Phyo Min Thein's assistant has rejected the accusations in a subsequent media interview.

Besides repressive laws, journalists often face threats and intimidation in Myanmar. One recently received threats after speaking out against nationalist Buddhists. In December, a reporter covering illegal logging and crime in the rugged northwest was beaten to death.

"This law is totally against human rights," said Tun Tun Oo, a land rights activists who was charged for live-streaming the student play via his Facebook account. "The government should think about terminating it as it restores democracy and we will fight until the law is abolished.

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Myanmar Journalists Take Fight for Freedom of Speech to Court - Voice of America

Apparently, Free Speech Is A White Privilege – The Root

Marcio Jose Sanchez/AP Images

Less than 48 hours after an egomaniacal, snooty, three-toed, sloth-looking wet diaper joked about being a house nigger on Fridays episode of Real Time With Bill Maher, white supremacists armed with bats, bricks and cans of Pepsi rioted in Portland, Ore., at what they deemed a free speech rally.

The day after the Portland Purge, city officials in Charlottesville, Va., announced that they had issued permits to two white supremacist organizations to hold rallies this summer. The hate group ACT for America has also teamed up with organizations around the country to sponsor an anti-Muslim March Against Sharia in 26 cities June 10.

Organizers announced Monday that the next stop on the much anticipated, sold-out White Supremacist

These incidents have all been explained as consequences of the constitutional protection of free speech. According to their organizers logic, being white in America affords them the ability to aggravate and incite people of color because, apparently, freedom of speech is a white privilege.

The term white privilege originated from a 1988 essay by Peggy McIntosh entitled, White Privilege and Male Privilege: A Personal Account of Coming to See Correspondences Through Work in Womens Studies. The work was later condensed into a shorter essay, White Privilege: Unpacking the Invisible Knapsack (pdf).

In her writing, McIntosh listed the ways in which she was afforded white privilege, including not being pulled over by police because of her race, the ability to shop without being harassed or suspected of shoplifting, and enjoying the ability to live in whatever neighborhood she could afford. While all of these things ring true, they underscore an often overlooked fact about the central theme of her thesis:

These arent privileges; they are rights.

According to the Oxford English Dictionary, the definition of privilege is:

A special right, advantage, or immunity granted or available only to a particular person or group.

education is a right, not a privilege

The reason white America gets to enjoy these rights is not that they receive a Get out of hate card at birth; it is that the Constitution of the United States guarantees these rights to every American citizen. Walking freely through a store or driving safely down the street isnt supposed to be an entitlement born out of an unseen advantage, like having rich parents or being part of royalty. A privilege is the opposite of a right. The only reason people of color dont get to experience these things is racism, not white privilege.

The protesters in Portland were marching in support of Jeremy Christian, who allegedly stabbed two people and injured another aboard a commuter train. As The Oregonian reports, Christians social media content is thick with references to white nationalist organizations, Nazi insignias and violent rhetoric. Isnt the following Facebook post the definition of a terrorist threat or incitement to gang violence?

Why is this important? Its important because if Christian were black and openly flaunting his allegiance to criminal organizations and speaking of committing illegal acts, he would likely have been flagged by the Portland Police Bureaus gang database. According to The Oregonian, how you conduct yourself, your appearance and who you associate with are all determining factors that can land you in the gang database. Christian has a criminal history, publicly supports white supremacy and looks exactly like what youd expect to see if you snatched the hood off of a Klansman. So why wasnt Christian listed?

Well, even though Portland is the whitest metropolis in America, with a black population of less than 3 percent, the PPBs gang database is 64 percent black and only 8 percent white. Christian had the freedom to assemble with whomever he wanted to because of the First Amendment. Christian was free to say whatever pleased his heart because it is his right. But the reason the government didnt monitor Christians hateful speech, associations and actions that eventually exploded into a double murder is that Christian is white.

White supremacist groups like the ones coming to Charlottesville can waltz into city halls and get permits for hate rallies because the First Amendment guarantees them the right to peacefully assembleregardless of their beliefs. Despite the fact that their rallies are almost never peaceful and they loudly proclaim their desire to wipe out immigrants, non-Christians and people of color, they are still afforded the blank check to come together in whiteness and rail against the mythical white genocide.

Richard Spencer, who was (and I mention this only because it is his claim to fame. Also, I absolutely love white-on-white violence) famously punched in the face on live TV, was recently allowed to speak at Auburn University under the cover of the First Amendment.

Richard Spencer, the self-proclaimed white nationalist and leader of the alt-right (a phrase he

Media reports often refer to white supremacist fight clubs like the Proud Boys (who go to protests to punch 95-pound women in the face) and the Fraternal Order of Alt Knights (FOAKboys) as a fraternity. Oath Keepers parade around with guns and openly promise to disobey the government with lethal force but are never called a gang.

Remember when Black Lives Matter protesters were thugs and going about it the wrong way? Remember when they rioted in Ferguson, Mo., and Baltimore? Remember how they were such a nuisance during the die-ins after Eric Garners death?

Now every weekend, there are white women in pink pussy hats or some other aggrieved group staging a march. But when the scientists, white women, teachers, health care advocates or one of the other members of the Caucasian contingent protest using the same tactics they vilified BLM for, they say they are resisting. The melee in Portland this weekend was called a skirmish, but headlines described a recent Las Vegas Black Lives Matter protest this way:

To be fair, violence did break outwhen a Donald Trump supporter wearing a Make America Great Again shirt grabbed a female protester by the throat and slammed her to the ground.

Similarly, the Capuchin-monkey-looking late-night host we call Bill Maherwho looks as if he belongs on the shoulder of an organ grindercan throw the n-word around all willy-nilly because he knows he has the First Amendment in his back pocket. After he was kicked off of ABC for arguing that the 9/11 hijackers were not cowardly, he made himself a martyr for free speech. He backed up the white mans claim to free speech by bringing on Milo Yiannopoulos on his HBO show this season, painting the racist hero of the white supremacist movement as a victim of political incorrectness.

Remember the black people whose free speech Maher defended? Remember when he publicly advocated for Isaiah Washingtons free speech when he was kicked off Greys Anatomy? Did you see the episodes when he had Jeremiah Wright and Louis Farrakhan on Real Time to discuss political correct ... ? Oh, waitMaher didnt do any of that.

When you hear white supremacist asswipes like Richard Spencer, the Ku Klux Klan and Bill Maher conjure white tears when their freedom of speech has been infringed upon, remember that they dont care about the universal right of free speech; they care about their own free speech. (To be fair, Maher is not really a white supremacist asswipe; he really is a white, supremacist asswipe. He doesnt believe that white people are better than everyone. He just believes thathe is better than everyonethe comma placement makes all the difference.)

The hooded terrorists, the alt-right gangs and the one particular TV host who believes he can denigrate black people because he regularly inserts his penis into black vaginas dont want freedom of speech, because that would mean equality. They want the privilege to say whatever they want, but still be able to make Colin Kaepernick a pariah. They want to fight anti-fascists but condemn black-on-black violence. They want Milo Yiannopoulos to be able to spew his rhetoric while calling for boycotts when Beyoncs clothes remind them of Black Panthers.

They dont really give a damn about the right to free speech.

Theyd rather have the privilege.

See original here:

Apparently, Free Speech Is A White Privilege - The Root

In Portland, the haters are entitled to free speech, but not to silence – Herald and News

Nazi salutes high in the air, white supremacists rallying on the town green, colorful banners telling homosexuals they are going to hell this is what democracy looks like.

But the right to say and do those things no matter how offensive many Americans will find them is that First Amendment freedom of speech thing that demonstrators in Portland rallied for over the weekend.

Because as far as we know, the folks taking part in the Trump Freedom of Speech rally werent jailed by their government for anything they said.

They may have been ridiculed, harassed, marginalized, ostracized, asked to leave businesses, refused service, lost their jobs or positions of influence because of the things they said.

But they havent been jailed.

And thats the freedom the First Amendment guarantees. The right to speak out without being jailed though not the right to speak out without being criticized.

So its easy to see that we wield the greatest power punishing peer pressure to stop the growing tide of hatred in America. We have to speak out.

Heres an extreme example the white supremacist in the gym.

Richard Spencer, the Hail Trump alt-right movement leader who champions an American apartheid, complete with a whites-only state, was quietly working out in his Alexandria, Va., gym when he was confronted by another gym member.

I just want to say to you, Im sick of your crap, Georgetown University professor C. Christine Fair said to Spencer, as he was lifting weights.

As a woman, I find your statements to be particularly odious; moreover, I find your presence in this gym to be unacceptable, your presence in this town to be unacceptable, she went on.

Spencer wasnt wearing a swastika shirt or handing out white power fliers at the gym. He was just doing reps. It was the professor who went after him. And she was relentless, calling him a Nazi, then a cowardly Nazi after he refused to identify himself.

It got so uncomfortable, another gym member yelled at the professor for making a scene.

Guess who lost their gym membership?

And his world howled that this was a violation of his freedom of speech.

Most states ban most businesses from discriminating against clients based on the clients race, religion, sex or national origin, law professor Eugene Volokh wrote in The Washington Post last fall, right after the election, about a case where a New Mexico company said it would stop doing business with Trump supporters.

The Federal Civil Rights Act of 1964 protects people from that kind of discrimination, while some states and cities also ban discrimination based on sexual orientation, marital status and other attributes.

But political affiliation is rarely on the list, Volokh wrote. A few cities or counties do ban such discrimination. D.C. bans discrimination based on the state of belonging to or endorsing any political party.

Spencers freedom of speech wasnt violated. He can say whatever he wants without being jailed.

The constitution doesnt protect his right to belong to a private gym that finds his political and social views dangerous and odious.

But what if a coffee place didnt want to serve a Muslim, a hotel wouldnt rent a room to black family, a baker didnt want to bake a cake for a gay couple or a restaurant didnt want someone with a wheelchair eating in their dining room?

Too bad for the businesses in those cases. State and federal laws prohibit businesses from discriminating against protected classes.

Neo-Nazi is not a protected class at least not yet.

The ACLU is used to these sticky debates, and their attorneys have consistently stood their ground in protecting everyones right to say what they want, no matter how disgusting. It probably wasnt easy to defend the Ku Klux Klans right to march through the Chicago suburb of Skokie, a town filled with survivors of the Holocaust.

Im not defending hate speech, Im defending free speech, said Claire Guthrie Gastaaga, head of the Virginia ACLU, which has been hearing plenty about Spencer, who lives in Alexandria.

As soon as you accept that its OK to suppress speech, you say its OK to suppress your speech.

But what about the rallies that seem so hateful?

Portland Mayor Ted Wheeler, D, had the wrong idea when he tried to stop that freedom of speech rally over the weekend. It was scheduled before two men were killed on the light rail trying to protect a woman in hijab being attacked by vocal white supremacist Jeremy Christian.

Christian, 35, was arrested for the killing of Rick Best, 53, and Taliesin Myrddin Namkai-Meche, 23, and for stabbing another man, Micah Fletcher. When he was brought into a Portland courtroom last week, Christian yelled: Get out if you dont like free speech.

Dude, your free speech was protected at all those rallies where you threw the Heil Hitler salute. Killing two men and stabbing a third is not speech.

The protesters in Portland had the right to spew all their hateful views. The feds recognized that and rejected the mayors request to shut down the rally because it could incite violence.

It was the counter-protestors who behaved violently.

Until they started throwing stuff, damaging property and messing with the police who were there to do their jobs, the counter-protesters had the right idea.

The right response to speech you dont like is more speech, Gastaaga said.

The real harm, she said, is the nice people who say nothing.

So do it. Speak, yell, shout.

Dont shut the other guys out.

Just be louder than them.

Petula Dvorak is a columnist for The Washington Posts local team who writes about homeless shelters, gun control, high heels, high school choirs, the politics of parenting, jails, abortion clinics, mayors, modern families, strip clubs and gas prices, among other things.

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In Portland, the haters are entitled to free speech, but not to silence - Herald and News

Department of Education Taps Free-Speech Warrior to Oversee … – LifeZette

In testimony on Capitol Hill this week, Secretary of Education Betsy DeVos said the Department of Education will devolve power from the federal government to families, unleashing a new era of creativity in education.

But big changes may also be underway forthe departments stance on political correctness on college campuses in America, and the all-too-frequent trampling upon the free-speech rights of both students and professors, which has been going on for at least the past 25 years.

Adam Kissel, a free-speech advocate whos gone head-to-head with American universities over speech codes and denial of due-process rights and has almost always succeeded in getting them to back down has been appointed the agencys deputy assistant secretary for higher education programs.

Kissel now works for the Charles Koch Foundation, on grants to colleges and universities, but prior to this, he worked for FIRE, the Foundation for Individual Rights in Education, where he was one of the strongest and most active defenders of free speech on American college campuses.

At FIRE, Kissel shot off letters to college administrators nationwide, usuallyon behalf of particular students and professors who had been accused of some minor infraction, often involving expressing an unpopular view, and were being railroaded out of a job or kicked out of school.

In 2008, he wrote a letter to the head of the University of Oklahoma, David Boren, a former governor and United States senator, about the university's new rule that university employees couldn't support or oppose political candidates, and couldn't use the university email system to forward any political commentary or political humor.

"If what the university intended to do was to prevent state-university employees from creating the appearance that the university endorses a particular political candidate, it has wildly overshot," wrote Kissel in his letter. "While it is true that colleges are required because of their tax-exempt status or status as government agencies not to, for example, endorse a candidate, it is simply absurd to argue that any partisan political speech in which employees or students engage using their email accounts can be banned."

"Indeed, by placing such a blanket restriction on political speech, the University of Oklahoma is in clear violation of its legal obligation to uphold the First Amendment on campus. As a public university, Oklahoma is legally bound by the United States Constitution's guarantee of freedom of speech. Students and faculty at Oklahoma enjoy this right in full."

He ended the letter by requesting a response not later than "5:00 p.m. EDT on October 10, 2008."

The request for a response was therebecause FIRE doesn't just ask that universities abide by the Constitution: It holds them accountable by waging public-relations battles and taking universities to court when they persist in their violations of constitutional rights.

A Jewish professor of sociology at the University of California, Santa Barbara, very nearly lost his job when two students, backed by the Anti-Defamation League and other pro-Israel groups, came after him for critical comments he made about Israel's assault on Gaza in 2009. He wrote in an article in Truthout in 2014 that it was a group of graduate students and Adam Kissel at FIRE who defended his right to free speech.

"On June 10, the Foundation for Individual Rights and Education (FIRE), a Pennsylvania-based nonprofit, had come to my defense in the name of First Amendment rights and academic freedom. One of their attorneys, Adam Kissel, wrote the chancellor warning him that if all charges against me were not dropped by 5 p.m. on June 24, his organization would launch a major media campaign and a lawsuit against the University of California. An hour or so before this deadline, the university chose to inform me of the decision, made six weeks earlier and kept secret, that the charges against me had already been dropped."

Kissel's writing, however, shows not just a rapid-fire response to free-speech violations on campuses, but a deep understanding of the level of thought control that has developed, and the ways in which students are pressured, under threat of expulsion and ruin, to comply.

"A female freshman arrives for her mandatory one-on-one session in her male RA's dorm room," Kissel wrote in a piece published on the FIRE website on October 30, 2008, entitled "Please Report to Your Resident Assistant to Discuss Your Sexual IdentityIt's Mandatory!"

"It is 8:00 p.m. Classes have been in session for about a week. The resident assistant hands her a questionnaire. He tells her it is 'a little questionnaire to help [you] and all the other residents relate to the curriculum.' He adds that they will 'go through every question together and discuss them.' He later reports that she 'looked a little uncomfortable.' When did you discover your sexual identity?" the questionnaire asks. 'That is none of your damn business,' she writes. 'When was a time you felt oppressed?' 'I am oppressed every day [because of my] feelings for the opera. Regularly [people] throw stones at me and jeer [at] me with cruel names. Unbearable adversity. But I will overcome, hear me, you rock-loving majority.'"

There is a story about the University of Delaware's dormitory diversity program, in which every single incoming freshman is forced to undergo Marxist-inspired questioning and thought-moderation.

The program, Kissel wrote, "crossed the line not just a little, but extensively and in many ways from education into unconscionably arrogant, invasive, and immoral thought reform. The moral and legal problems posed by the residence life education program were abundant and cut to the core of the most essential rights of a free people. What made the program so offensive was moral: its brazen disregard for autonomy, dignity, and individual conscience, and the sheer contempt it displayed for the university's students as well as the so-called dominant culture that made them so allegedly deficient."

As the new deputy assistant secretary for higher education programs at the Department of Education, Kissel will oversee a part of the agency that includes FLAS grants for foreign language study, Fulbright-Hays grants for study abroad, and numerous programs that serve black students, historically black colleges, Hispanic students, students who are veterans, and students with disabilities. It's unclear whether all of these programs will be continued, or whether some will be cut as the department reorganizes to accommodate the 13 percent cut in the president's budget. It's also unknown whether new initiatives will be started under Kissel to correct or prevent abuses on college campuses related to free speech and due process.

Kissel is slated to start hiswork at the department on Monday, June 19.

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Department of Education Taps Free-Speech Warrior to Oversee ... - LifeZette

Respect their freedom of speech, and they should respect yours: Letters – The Pasadena Star-News

Holding our peace

Re Thousands drawn to free speech rally and protests (June 5): Students learn in U.S. Government 101 that no matter how odious they may find another persons opinions, that persons speech is protected by our Constitution under the First Amendment: Congress shall make no law ... abridging the freedom of speech.

Students must be prepared to become educated (not indoctrinated) to a particular point of view. If they disagree, they should engage their opponents in civil discourse rather than in violent confrontations. No, we dont have to respect those who voice opinions we find repugnant, but lets hold our peace while they present them. Then, when its our turn to voice our opinion, lets ask them to render the same courtesy to us we gave to them.

David Quintero, Monrovia

Feeling the heat

We are appreciative of Larry Wilsons column (June 7) on his day with Pasadena Fire Department training, called Fire Ops 101, at Station 33. Our department offers this opportunity so residents can see what their public safety professionals do in our jobs while protecting everyone in Pasadena.

Fire Ops 101 allows community leaders to step into the boots of local firefighters to feel the heat and to have a hands-on experience as a firefighter to get an up-close view of what its like to do our dangerous jobs.

We encourage everybody to take advantage of these and other events to interact with public safety employees and get, as Mr. Wilson aptly wrote, the chance to understand what it is to be put in harms way every day for your job.

Scott Austin, president, Pasadena Firefighters Local 809

Donations or bribes?

Though Gary Cliffords of Athens Services wrote in defense of his company (June 7), I believe what reporter Christopher Yee was referring to in his article on the state controllers audit of South El Monte, and what your editorial (June 1) is referring to, is the continued practice of Athens contributing to the campaign of candidates running for city council in cities where they have trash-hauling contracts.

This is not just a South El Monte issue but a problem for other cities as well.

Dont tell me a politician will not be influenced on contracts when money (bribes) is being put in their pockets.

Please take five minutes out of your time and google Athens Services and city trash-hauling contracts and see for yourselves!

Ken Mikkelson, West Covina

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Respect their freedom of speech, and they should respect yours: Letters - The Pasadena Star-News

MAP: Growing number of states consider free-speech bills – Campus Reform

At least 13 states have now proposed or implemented legislation designed to protect free speech on college campuses.

While Utah, Colorado, Tennessee, Virginia, and Arizona have already passed bills that would crack down on disruptive university demonstrators and so-called free speech zones, legislators from California, Texas, Louisiana, Georgia, North Carolina, Kentucky, Illinois, Michigan, New Hampshire, and Wisconsin are attempting to push similar bills through their own state chambers.

"There is good evidence for believing that respect for free-speech has declined in the last few years."

[RELATED: Prof: college campuses are not free-speech areas]

A Louisiana state senate panel on Thursday, for instance, cleared a free-speech measure, House Bill 269, advancing it to the next step of the legislative process.

According to a report by The Advocate, State Rep. Lance Harris, a Republican lawmaker behind the initiative, called the bill necessary to protect free expression on campuses.

"I bring this bill because of things happening across the country," Harris remarked, noting that "this is something other states have addressed or are addressing as we speak."

In New Hampshire, the introduced House Bill 477 would limit the ability of an academic institution to "to restrict a student's right to speak in a public forum."

Similar legislation in Michigan seeks to develop "a policy on free expression" by underscoring that "it is not the proper role of the community college to shield individuals from speech protected by the First Amendment."

While not precisely identical, most of the bills seek to address similar problems across college campuses, such as the increasingly common free speech zones and the rise in campus disruptions, as seen most recently at place like the University of California, Berkeley and Evergreen State College.

Accordingly, a legislative push out of California, a heavily Democratic state, is looking to penalize demonstrators who prevent controversial figures from expressing their views on campus after Berkeley experienced some of the most violent and destructive protests in recent memory.

According to The Los Angeles Times, Republican legislators in the state have responded to the incident by backing a measure that would restrict the university's ability to regulate student speech on campus.

[RELATED: Harvard students protest free-speech event as hate speech]

The recent spike in free-speech legislation comes after the Goldwater Institute and Stanley Kurtz produced model legislation to help state lawmakers craft their own bills around the country.

Weve had campus demonstrations since the 1960's that were not properly respectful of freedom of speech, so you could say that theres nothing new here, but I do think that there is good evidence for believing that respect for free-speech has declined in the last few years even beyond what it has been, Kurtz told Campus Reform when introducing the model legislation in February. We know this from various surveys and of course the rise of things like microaggressions, safe-spaces, and trigger-warnings. They all indicate to me a generation that has been educated by left-leaning professors who werent fans of free speech themselves.

Follow the author of this article on Twitter: @nikvofficial

Editor's note: This article has been amended since its initial publication to include legislation in Michigan and New Hampshire.

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MAP: Growing number of states consider free-speech bills - Campus Reform

Free Speech, Muhammad Cartoons, and Islamism in Europe: Dave Rubin’s Interview with Flemming Rose – Learn Liberty (blog)

Dave Rubin: Were continuing our partnership with Learn Liberty this week, and joining me is an author, journalist, editor, and free-speech advocate, Flemming Rose. Welcome to The Rubin Report.

Flemming Rose: Nice to be here.

Rubin: Im glad to have you here, because you are sort of at the epicenter of everything that our current free speech battle is all about. I guess Im going to give you an open, easy question to start. How did you end up in the middle of this battle?

Rose: I didnt choose this fight. It was imposed upon me eleven years ago, when I was the editor responsible for publication of the so-called Danish Muhammad cartoons. They didnt come out of the blue, as some people sometimes think. They were published as a response to an ongoing conversation in Denmark and Western Europe about the problem of self-censorship when it comes to treating Islam.

Back then, I think I was pondering two questions. Is self-censorship taking place when it comes to dealing with Islam? Do we make a difference between Islam and other religions and ideologies, question number one? Question number two, if there is self-censorship, is that self-censorship based in reality, or is it just the consequence of a sick imagination not based in reality? Is the fear real, or is it fake? Eleven years later, I think we can say for sure the answer to both questions is yes. Yeah, there is self-censorship, and the self-censorship is based in reality because people were killed in Paris. I live with bodyguards 24/7 when Im back home in Denmark, so it is a real problem.

Rubin: Yeah, its so interesting to me that eleven years ago, 2005, you were addressing the idea of self-censorship, because thats obviously different than what we have here with the First Amendment, where the government cant censor us. My awakening over the last couple years about this has been about the self-censorship part, that we are doing it to ourselves. Just to back up to the specifics of what happened, you guys solicited cartoons from people, right?

Rose: Yes, we did, yes.

Rubin: Tell me about the process.

Rose: It started with a childrens book. A Danish writer was writing a book about the life of the prophet Muhammad. In Denmark, when you publish a childrens book, you need illustrations of the main character. I suppose it would be the same here.

Rubin: Same here; that goes across borders, yeah.

Rose: It turned out that the writer had difficulties finding an illustrator who wanted to take on the job. He went public saying, Ive written this book, but I had difficulties finding an illustrator because of fear. The guy who finally took on the job insisted on anonymity, which is a form of self-censorship. You do not want to appear under your real name, because you are afraid of what might happen to you.

In fact, this illustrator later acknowledged that he insisted on anonymity because he was afraid. He made a reference to the fate of Theo van Gogh, a Dutch filmmaker who was killed in 2004 because of a documentary he did that was critical of Islam.

Rubin: Who then many people know, the note to Ayaan Hirsi Ali

Rose: Exactly, yes.

Rubin: Who I think is one of the greatest people on planet Earth

Rose: Yes, who is a good friend of mine.

Rubin: Saying that they were coming after her next, yeah.

Rose: Exactly, and the second individual was Salman Rushdie, who in 1989 was the object of a fatwa by Ayatollah Khomeini in Iran, and had to live in hiding for many years. That was the context, and some people were saying, Oh, this was just a media stunt by this childrens writer to sell more books. Other people were saying, No, that is self-censorship.

Through the commissioning of those cartoons, I wanted to put focus on this issue: is self-censorship taking place, or is it not, and how do illustrators and cartoonists in Denmark face this issue? I received twelve cartoons that were published September 30, 2005, and I wrote a short text laying out the rationale behind this journalistic project.

I dont think that it in any way transgressed what we usually do. As an editor and journalist, if you hear about a problem, you want to find out if its true or not. In this case, we asked people not to talk but to show, not to tell but to show, how they look at this issue of self-censorship. In fact, I think only three out of twelve cartoons depicted the prophet Muhammad, so there was no stereotyping, no demonizing, even though a lot of focus has been put on one cartoon, of the prophet with a bomb in his turban. That, to me, is in fact a depiction of reality. There are Muslims who commit violence and murder in the name of the prophet.

Rubin: Yeah, and not only was that theory proven, but it was put into action because over 200 people were subsequently killed throughout the world after they found out about these cartoons. Before we get to the aftermath, when you decided to do this, and youd done some controversial stuff before thatand well talk about reporting in the Soviet Union and that kind of stuffbut when you decided to do this, did you have any inkling that anything like this could possibly happen?

Rose: No, and anyone who today says, You should have known, I think its a rationalization after the fact. There was a lot of coincidences, and in fact cartoons of the prophet Muhammad had been published before without this kind of reaction. It just happened so that a coincidence of different factors, and the domestic political situation in different Muslim countries, exploited those cartoons to promote their own interests and agenda, and it all exploded.

Rubin: Yeah, and it probably had a little to do with just that it was sort of the beginnings of social media, so things could travel around the world quicker.

Rose: Yeah, but you know Dave, if this had

Rubin: Once people saw

Rose: If this had been today, I cant imagine. We didnt have Facebook. We didnt have Twitter back in 2005. We were just at the beginning of it.

Rubin: Just the beginning, yeah.

Rose: Today, it would have been even worse.

Rubin: Yeah, so you publish it. Now theres the reaction, theres some violence. What was it like for you at that time, and did the magazine do anything to help you, protect? Were they taking your side? You were the editor, so you were pretty high up, a pretty big deal.

Rose: Yeah, the whole newspaper stood behind me, but it took a while. The cartoons were published in September, and the violence only erupted at the end of January, beginning of February the following year. You had to build up. This also tells you a little bit about the fact that this was no coincidence. People had to plan, to promote. It wasnt spontaneous, just happening right after the publication.

Rubin: Do you have any evidence of that, or who do you think was actually

Rose: Yes, there are researchers who have been travelling and talking to people in different parts of the world where demonstrations happened, and its very clear that the government of Egypt was in the drivers seat in the beginning. The Fatah movement on the West Bank in the Palestinian territories were also behind this, because they were in an election up against Hamas, with the Islamist movement there, and they wanted to be the real protector of Muslims interests. Same in Pakistan, same in Qatar and Saudi Arabia; yes, absolutely, this was not a spontaneous uprising.

Usually I say, never have so many people reacted so violently to something that so few people in fact have seen. Very few people had seen the cartoons, and the man behind the attack on the Danish embassy in Tehran, in Iran, a Danish journalist, found him several months later and talked to him. When he showed him the cartoon of the prophet with a bomb in his turban, his angry reaction was not against the bomb, but he said, Why does the prophet look like a Sikh and not like an Arab?

Rubin: Wow, that tells you a lot right there. You make two interesting location points, because saying that Fatah, which was really the secular counterpart to Hamas

Rose: Secular.

Rubin: They were using it as, as you said, were protecting Islam. You had the secularists actually fanning the flames

Rose: Yes, and it was the same region.

Rubin: It was the secular. The same thing in Egypt, where Mubarak was the secular leader

Rose: He was up against the Muslim Brotherhood, who had been allowed to run an election for the first time in many years in the fall of 2005.

Rubin: Ive never thought of it in such interesting terms like that, but in a weird way, then, the secularists sometimes are more dangerous than the actual Islamists, because theyre playing both sides, right? Were you shocked that thats how it turned out?

Rose: I didnt know at the time. It took me some studying to figure out what actually had happened. It was very surreal. Sitting in Copenhagen in the beginning of February of 2006, and looking, watching TV and Danish embassies in flames in Beirut and Damascus, I couldnt make the connection in my mind. How come that people can go crazy like this several thousand kilometers away to something that had been published in a Danish newspaper three or four months before? It seemed surreal.

I would say, back then I didnt understand the gravity of it all. It took me several years, and it was only I would say in January of 2015 when my friends and colleagues at Charlie Hebdo in Paris were killed that I finally understood that I will have probably to live with security probably for the rest of my life. I somehow illusioned myself created an illusion that somehow it may go away, but it wont, and these people, they do have a long memory. I dont find it very traumatic myself, but I just know that I somehow will have to manage this situation.

Rubin: Yeah, so what was the reaction like? Your newspaper defended you, but what about the other publications within the country? Were people saying, Man, he just created a huge problem for us? Were they actually defending free speech at the time?

Rose: Not everybody; the country was divided, and it was really something new for Denmark, a small, peaceful country. We had never experienced anything like that, and the prime minister said it was the worst foreign policy crisis in Denmark since World War II. No, back then I was the object of a lot of criticism and anger, and I was labeled a fascist, Nazi, Islamophobe, and so on and so forth. Today, its different, I would say. Im less of a controversial figure today in Denmark than I was in 2006, because people have finally understood that this was not an empty provocation, just to stir up things. Its very difficult when you look around the world and see what is happening, that this was just an invention of my sick imagination.

The problem is real, and we have somehow to face it. I also had the time to write three books in fact now about this issue, one of them published in English about the whole thing, and free speech. I think people understand that Im not a warmonger, and Im not out to get Muslims, but I think Islam and Muslims have to accept the same kind of treatment as everybody else in our society.

In that sense, usually I make a little bit of a joke, but still its serious when I say that the publication of those cartoons was in fact an integration project in the sense that we were integrating Muslims in Denmark into a tradition of religious satire. Thereby we were saying to Muslims, We do not expect more of you. We do not expect less of you, but we expect of you exactly the same as we do of every other group and individual in Denmark, and therein lies an act of recognition. We say that youre not foreigners, youre not outsiders, you are part of society.

Rubin: Right, weve welcomed you to our society, but you have to be part of our society, not a separate part. Do you think that

Rose: You have to play by the same rules; free speech, we do have free speech, and it applies, the right to criticize and ridicule religion.

Rubin: Yeah, just to probably get rid of some of your naysayers real quick, you clearly do. I know this is the truth, but I just want you to say it so that people wont selectively hear anything. You do make the distinction between the ideas of Islam and Muslim people, correct?

Rose: Yes.

Rubin: You fully understand that difference, and all that?

Rose: Yes, I think any idea needs to be criticized and open for debate and scrutiny, but you shouldnt attack or demonize individuals and people.

Rubin: I feel silly sort of having to ask you that, but I know just for the nature of the way these things work

Rose: I dont have Muslims for breakfast.

Rubin: Okay, good.

Rose: In fact, some of the people who supported me back in 2006 now criticize me because I have supported the right of radical imams in Denmark to speak out and defend Sharia law and discrimination of women, as long as they do not do it in practice. We have the separation of words and deeds. I think people should have a right to say whatever they want, as long as they do not insight criminal activity and violence. I have in fact defended the radical imams, who would have liked to see me I guess in a different place than I am right now.

Rubin: Right, and thats what having principles when its hard to is all about. You are the very person who published these cartoons, now defending these peoples abilities to do things that are very against the West, very against your own personal beliefs. Is there some line there, or is it only violence? Im with you on that, that to me its the call to violence that then changes what free speech is. In a case where there are imams that we know, that are in Denmark and Sweden and some of these other countries, that are literally throwing for the overthrow of the government, for Sharia law to be implemented, horrible things about women and gay people and all those things, now theyre playing that line very closely to

Rose: As long as they do not incite violence, I think they should have a right to say whatever they want. In fact, I believe this not only as a matter of principle, but also as a matter of practical reality. You and I fight these people and their ideas in the best way, not through bans and criminalization, but through an open and free debate where we challenge them in the public space. I have never seen people change their beliefs just because they were criminalized.

Rubin: Right, just because of a ban or a punch or a

Rose: It drives them into the underground, and it makes them sexy, in a way, when they are not allowed to air all their bullshit in public. I believe its the most effective way to fight them. I believe that you should never criminalize words just because of their content, only because of what they call for, that is, incitement to violence. Apart from that, Im in favor of a very narrowly defined libel law, and Im also in favor of the protection of a right to privacy. I believe that privacy and free speech, in some instances, are two sides of the same coin. If you know that the government is surveilling you at home, you will speak less freely, and that is an invasion of your privacy.

Rubin: What would you say to the people, because this is the argument that I heard just in the last couple weeks when I was defending the right of Richard Spencer to speak his stuff and not get punched; as I said on Twitter, I have family members on both sides of my family who died in the Holocaust. I grew up knowing Holocaust survivors. Its not something that I take lightly, but I have to defend free speech when its uncomfortable speech.

People, of course, were saying I was a Nazi and a white supremacist and all of this nonsense, but a few people said, This is different. If these people wont play by the rules of decency in society, then we cant treat them with the same thing. Now, I dont agree with that, but what do you think is a good argument against that?

Rose: Oh, I think we did very well during the Cold War in Denmark, not banning Communism. We didnt even ban Nazism, though we were occupied by the Nazis for five years during the Second World War. Richard Spencer enjoys the same civil liberties and rights as you and me. You cannot make a distinction. If you go down that road, it just takes a new political majority, with people like Richard Spencer in power, and he can use the same principles against you and me, and against Muslims or blacks or other minorities.

Its very important to defend these principles for your enemies, because it just takes. Youre just an election away from a possible other majority that can use exactly the same kind of violence against you, that you are defending when its used against your enemies. I think this is what democracy is about, what a free and liberal foundation of our society is about, that you. This is what tolerance in fact is about. Tolerance means that you do not ban, and you do not use violence, threats, and intimidation against the things that you hate.

A lot of people hate the ideology and the values of Richard Spencer, but we should not use violence and try to intimidate and threaten him, and ban what hes saying. That is the key notion of tolerance in a democracy. Unfortunately, we have forgotten about that. Today tolerance means yes, you may have a right to say what you want, what you say, but I think you should shut up. Its become a tool to silence your opponents, but in fact it means that you have a right to say whatever you want as long as you do not use violence and bans.

Rubin: Right, and of course then theres the slippery slope argument which is that if you say, All right, you can punch a Nazi or silence a Nazi, and then you come along and defend their free speech, why cant they punch you, and why cant they punch me for having you on my show?

Rose: Exactly.

Rubin: The list goes on and on.

Rose: Yeah, and when you open that door, you never know when it stops. Thats very precarious in a young democracy, because sometimes a democracy wants to defend itself. I spent time in Russia after the fall, during its time as the Soviet Union, after the fall of the Soviet Union, and that transition in Russia from Communism to democracy in fact got off track because they started bending the rules in order to defend democracy against the enemies of democracy. Here you are, twenty years later, with Vladimir Putin in the Kremlin, and a lot less space for the individual to say and do what they want.

Rubin: Ive talked to a bunch of people. Ive had, I dont know. Do you know Tino Sanandaji, from [crosstalk]?

Rose: Yeah, Sweden, of course.

Rubin: Ive had him on, and I get a lot of mail from people in Sweden particularly, but Denmark also, talking about the rise of Islamism, and talking about how this is happening in the mosques, and its happening in the public square now, and we know that theres a rape epidemic and a whole series of problems. If the best defense is to let these people say what they want, isnt the problem that were still seeing these bad ideas rise? Is the problem of Islamism worse now than it was, say, five years ago in Denmark?

Rose: It is, but

Rubin: So then, isnt that an inherent conflict then, with the idea of sort of full free speech, which again, Im for?

Rose: No, I think you have to go further back to identify the root causes. We had an understanding. I taught immigrants the Danish language twenty-five, thirty years ago in Denmark. My wife is an immigrant herself, by the way, from the former Soviet Union. We had this understanding, of people arrive and they just stay long enough in our country, they will become like us, without telling them what the rules of the game are, what our values are, and so on and so forth.

Today, we understand that this doesnt happen in and by itself. Even if you learn the language, it doesnt mean that you start to support the values and the foundation of society. We have been too weak on communicating the foundation of our society, and why free speech matters to us, and why you have to accept that your religion may be the object of satire and criticism and so on and so forth, that homosexuality is not a criminal offense, that equality between the sexes is crucial. Its one of the most important things we achieved in the second half of the 20th century.

Were not willing to give that up, and we have been very bad at communicating these ideas. It all exploded during the cartoon crisis. I think thats why we still talk about those cartoons, because that conflict made it very clear, this clash of values. No, I dont think that there is an inherent conflict. We had anti-democratic movements and forces also during the Cold War. We had a legal Communist Party in Denmark that wanted to overthrow the government. They sat in parliament. They had their own newspapers. They had their own unions. They had their own festivals. They had their own schools, but we did not criminalize them. We confronted them, and had this debate in public, and it turned out in the end that reason and the values of liberty prevailed.

Rubin: Yeah, so this is really, sunlight is the best disinfectant argument

Rose: I think so.

Rubin: Eventually, these things will crumble because they dont lead us to actual human liberty and the things that people want, really.

Rose: Yeah, and if we want to get more Muslims on our side, we have to be consistent and make it clear to them that if there are individuals, dissenters within Muslim communities, they have an opportunity to leave their religion, and we have an obligation to protect them.

Rubin: I suspect I know the answer to this, but when Ive had certain people including Ayaan and Maajid Nawaz and other Muslim reformers like Faisal Saeed Al-Mutar and Ali Rizvi and Sarah Haider and many of these people on the show, theres been a theme, which is that the left abandoned them. They started talking about these ideas, not being bigots in that they are brown themselves, and that their families often are still practicing Muslims. In the case of Maajid, he still is Muslim. Some of them are ex-Muslims, but that they felt abandoned by the side that they wanted as their ally, or that should have been their natural ally. I suspect you got plenty of that as well.

Rose: Yes, absolutely. I think thats true, because if you look at the Enlightenment and the West, the criticism of religion came from the left, but the left abandoned its insistence on criticizing religion when Islam arrived and became a hot issue. I think thats [inaudible] to the core values of the left. Religion is power, and its a way to establish social control, whether it is by Christianity, by Islam, or by other kinds of religion.

In Denmark, the socialist party in Denmark, for fifty years they were in favor of getting rid of the blasphemy law. Today, they defend the blasphemy law, because they now believe its important to have it to protect Muslims, and I think thats crazy.

Rubin: Are people right now being prosecuted under the blasphemy law?

Rose: No, its a sleeping law, I would say, but we see that hate speech law. We also have a law against racism. We see that people are in fact being prosecuted for racism, for saying things that actually is blasphemyfor instance, comparing Islam with Nazism. Its criticism of ideas, not of individuals, so there also is a slippery slope in that direction.

Rubin: What do you make of the far right parties that seem to be growing throughout Europe? Im not sure, is there a far right party thats now gaining momentum in Denmark? I dont know specifically.

Rose: It depends on how to define it. I

Rubin: I dont like the phrase far right anymore

Rose: Right, exactly.

Rubin: Because our whole thing is so crossed up now, that I think what used to be far right is thought now as more center, because theyre the only ones talking about certain issues. That then brings in a lot of centrist people who otherwise wouldnt vote for the right.

Rose: We have two parties of this kind, one an old party that in fact is the second biggest party in Denmark, the Danish Peoples Party, which I would say is the second social democratic party opposed to immigration. We have a rather new party that is more conservative for small government, but also anti-immigration. I would not call them far right. They are not outside. They dont want to undermine the political order through violence. For instance, in Greece you have Golden Dawn, which is more a fascist movement, and they have nothing in common with Golden Dawn, even not with Marine Le Pen in France.

Rubin: Do you think that this is the route that Europe is going to go? It seems like its just going to be the reaction to what has happened. Merkel opened the doors to what, 1.1 million people or so?

Rose: Yeah.

Rubin: Even if 95 percent of them integrate perfectly, it doesnt take a lot of people. First of all, 1.1 is a lot of people, but it doesnt take a lot of people to sow a lot of chaos.

Rose: Yeah, a couple of points; I think polarization will intensify. This year, we will have an election in the Netherlands where a populist party, where Geert Wilders probably will not get to run the government, but he may become the biggest party.

Rubin: What do you think of someone like Geert? Do you I know hes sort of A lot of people that I think I trust, basically, say he really straddles the line between bigotry and

Rose: I had a debate with him. Absolutely, and we disagree on the two most fundamental building blocks of a democracy, equality and freedom; equality before the law, and the right to freedom of expression and freedom of religion. He is in favor, if he gets the power, to abandon the right to freedom of religion for Muslims, building mosques, having faith-based schools, and so on and so forth, and also the freedom of speech. He wants to ban the Koran.

Hes not willing to provide the same fundamental freedoms to Muslims as to Christians, atheists, and all individuals. We disagree on the building blocks, and the funny thing is that if he gets into power, he will use exactly the same hate speech law against Muslims that the current government has used against him, for demonizing Muslims as a

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Free Speech, Muhammad Cartoons, and Islamism in Europe: Dave Rubin's Interview with Flemming Rose - Learn Liberty (blog)

Hate speech vs. free speech: Where is the line on college campuses? – Los Angeles Times

Free speech has once again become a highly charged issue on college campuses, where protests frequently have interrupted, and in some cases halted, appearances by polarizing speakers.

At a lively panel last week during the Education Writers Assn.s annual conference in the nations capital, free speech advocates and a UC Berkeley student leader debated who was at fault and what could be done.

Alt-right provocateur Milo Yiannopoulos tour of colleges across the country drew protesters off and on campus, and sparked violent clashes, including one in which a man was shot in Seattle. At Berkeley birthplace of the Free Speech Movement 50 years ago university officials canceled his scheduled appearance in February and later pulled the plug on a scheduled April visit by conservative commentator Ann Coulter, citing safety concerns.

In March, a protest at Middlebury College left both the speaker, controversial social scientist Charles Murray, and a professor who wasnt his supporter injured.

The way the altercations on campus were characterized by the media and in a growing national public debate frustrated many students.

This whole issue of free speech is a lot more nuanced than what it appears to be in a single headline or what it appears to be on the surface, Pranav Jandhyala, who co-founded the nonpartisan campus group BridgeUSA at Berkeley, said during Thursdays panel discussion. Its not just about the people who invited the speaker and the people who are trying to silence her.

BridgeUSA, Jandhyala explained, was formed earlier this year after university leaders at the last minute canceled Yiannopoulos talk an appearance the university had been defending, citing its commitment to tolerance. The decision was made after protests escalated by what appeared to be a group of outside protesters who were not students on the day Yiannopoulos was scheduled to appear caused about $100,000 in damage.

Violence replaced conversation that day, Jandhyala said, and his student group set out to create more events where students could debate and challenge different views without fear of violence. They asked liberal student groups to pick a speaker to come to campus and debate with students from all sides. They did the same for the Republican students, who picked Ann Coulter.

We wanted to invite her because if you viewed her as hateful and you viewed her as inflammatory and nothing of value, then why don't you go ahead and actually challenge her? he said. We were creating this larger Q&A with her that would essentially be liberal Berkeley students challenging Ann Coulter on the issue of illegal immigration.

Jandhyala and fellow panelists, moderated by Scott Jaschik, editor of Inside Higher Ed, discussed a recent Gallup survey that found that when they were asked if they believed in free speech, a majority of students across all political, racial and ethnic groups said yes. But when asked if they favored college policies that banned hate speech, an overwhelming majority of students also said yes, without seeing a contradiction in the two answers.

Greg Lukianoff, president and CEO of the Foundation for Individual Rights in Education (FIRE), which promotes free speech and due process rights at universities, said the narrative so often gets oversimplified to the cliche PC run amok. Lukianoff said not all free speech issues are political.

Last year, the case I was the most upset about was the case at Northern Michigan University, where students who took advantage of the counseling services there were then sent scary letters saying, 'Listen, if you talk to any of your friends about thoughts of self harm, you will be punished, he said. This is telling people who are either depressed or anxious that they're a burden on their friends and that they should isolate themselves. But somehow, that does not get the same coverage."

Judith Shapiro, the former president of Barnard College who now heads the Teagle Foundation, which works to strengthen liberal arts education, said the heart of the debate really may be less an absence of freedom of speech and more an absence of quality of speech.

The institution has the right to say: OK, is it worth it?... Who should we be listening to and engaging with? Who, even if you disagree, could you actually learn something from? she said, which led to a lighthearted discussion about the relative cultural value of a campus hosting Snooki from the reality show Jersey Shore or Nobel Prize-winning novelist Toni Morrison.

As soon as you actually start trying to evaluate people on the basis of the quality of the discourse that theyre bringing to campus, thats when a lot of peoples biases really present themselves, Lukianoff said.

This national fight over where to draw the line, however complicated, needs to focus more on emphasizing the power of engagement than on protecting free speech for free speech's sake, Jandhyala said.

Its about creating an environment where you're willing to listen to all different perspectives, form your own from listening ... and also be willing to challenge and debate with others and engage in discussion with the people that you disagree with, he said. That is the driving purpose of free speech.

rosanna.xia@latimes.com

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Hate speech vs. free speech: Where is the line on college campuses? - Los Angeles Times

Harvard draws the line on free speech – The Boston Globe

FREEDOM OF SPEECH is not just freedom from censorship, Harvards president, Drew Gilpin Faust, just told the Class of 2017. It is freedom to actively join the debate as a full participant.

So much for that lofty theory. When it comes to practice, Harvard University just rescinded acceptances for at least 10 prospective students, the Harvard Crimson reports, after they traded sexually explicit memes and messages targeting minority groups, in a private Facebook chat. According to the Crimson story, by Hannah Natanson, the admitted students formed a messaging group entitled, Harvard memes for horny bourgeois teens, and sent messages and other images mocking sexual assault, the Holocaust and the deaths of children. One called the hypothetical hanging of a Mexican child piata time.

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Thats ugly language, allegedly coming from young people entitled and dumb enough to post it without worrying about the consequences. But theres also something creepy about Harvards policing of it especially since Faust dedicated her 2017 commencement address to a passionate defense of free speech and the battle raging over it on campuses across the country, from trigger warnings to the rights of conservative speakers to address college audiences.

Silencing ideas or basking in intellectual orthodoxy independent of facts and evidence impedes our access to new and better ideas and it inhibits a full and considered rejection of bad ones, Faust told graduates on May 25 (in a speech that also referenced the next act, Facebook founder Mark Zuckerberg). We must work to ensure that universities do not become bubbles isolated from the concerns and discourse of the society that surrounds them. According to the text of her speech, posted on the Harvard website, she also noted, We must support and empower the voices of all the members of our community and nurture the courage and humility that our commitment to unfettered debate demands from all of us.

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Many will agree these students crossed a line and forfeited the right to engage in unfettered debate, at least at Harvard. But whats the next line of unacceptability? What if a private Facebook chat involved a screed against Elizabeth Warren, expressed support for a Muslim travel ban, or labeled as fascist Harvards effort to ban social clubs? Private schools write their own discipline codes. But with this action, Harvard is sending a message with a classic free-speech chill: You can say anything but not here.

The students exchanged explicit images and memes in a private Facebook group chat, according to a report.

The issue of revoking admission has come up before at Harvard, most recently involving the case of Owen Labrie, the St. Pauls graduate who was accused of sexual assault. While never formally confirming that Labrie was barred from attending Harvard, a spokesman at the time told the Crimson, An offer of admission can be rescinded if a student engages in behavior that brings into question his or her honesty, maturity, or moral character.

If youre convicted of a crime, the decision to withdraw an admission offer makes sense. If you post something offensive on a private Facebook page, thats a very different standard of judgment. After this, why would any prospective student take the risk of posting anything remotely edgy? And could enrolled students, not just newly admitted ones, be expelled for posting similar thoughts?

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According to the Crimson, admitted students found and contacted each other using the official Harvard College Class of 2021 Facebook group. The admissions office, which maintains the official page, warns students that it takes no responsibility for unofficial spin-off groups, which is what this group formed. Students are also told their admissions offer can be rescinded under specific conditions behavior that calls into question honesty, maturity, or moral character.

Harvard just drew one line to define what that means. Where will the next one be drawn? That would be a good topic for next years commencement speech.

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Harvard draws the line on free speech - The Boston Globe

In Portland, the haters are entitled to free speech, but not to our silence in the face of their views – Washington Post

Nazi salutes high in the air, white supremacists rallying on the town green, colorful banners telling homosexuals they are going to hell this is what democracy looks like.

I know, awful.

But the right to say and do those things no matter how offensive many Americans will find them is that First Amendment freedom-of-speech thing that demonstrators in Portland, Ore., rallied for over the weekend.

Which is odd.

Because as far as we know, the folks taking part in the Trump Freedom of Speech rally werent jailed by their government for anything they said.

They may have been ridiculed, harassed, marginalized, ostracized, asked to leave businesses, refused service, lost their jobs or positions of influence because of the things they said.

But they havent been jailed.

And thats the freedom the First Amendment guarantees. The right to speak out without being jailed although not the right to speak out without being criticized.

So its easy to see that we wield the greatest power punishing peer pressure to stop the growing tide of hatred in America. We have to speak out.

[Our ugly racisms newest artifact: The noose left at the African American Museum]

Heres an extreme example the white supremacist in the gym.

Richard Spencer, the Hail Trump alt-right movement leader who champions an American apartheid, complete with a whites-only state, was quietly working out in his Alexandria, Va., gym when he was confronted by another gym member.

I just want to say to you, Im sick of your crap, Georgetown University professor C. Christine Fair said to Spencer, as he was lifting weights.

As a woman, I find your statements to be particularly odious; moreover, I find your presence in this gym to be unacceptable, your presence in this town to be unacceptable, she went on.

Spencer wasnt wearing a swastika shirt or handing out white power fliers at the gym. He was just doing reps. It was the professor who went after him. And she was relentless, calling him a Nazi, then a cowardly Nazi after he refused to identify himself.

It got so uncomfortable, another gym member yelled at the professor for making a scene.

Guess who lost their gym membership?

Spencer did.

And his world howled that this was a violation of his freedom of speech.

No, sorry, folks.

Most states ban most businesses from discriminating against clients based on the clients race, religion, sex or national origin, law professor Eugene Volokh wrote in The Washington Post last fall, right after the election, about a case where a New Mexico company said it would stop doing business with Trump supporters.

The Federal Civil Rights Act of 1964 protects people from that kind of discrimination, while some states and cities also ban discrimination based on sexual orientation, marital status and other attributes.

But political affiliation is rarely on the list, Volokh wrote. A few cities or counties do ban such discrimination. D.C. bans discrimination based on the state of belonging to or endorsing any political party.

Spencers freedom of speech wasnt violated. He can say whatever he wants without being jailed.

The Constitution doesnt protect his right to belong to a private gym that finds his political and social views dangerous and odious.

But what if a coffee place didnt want to serve a Muslim, a hotel wouldnt rent a room to black family, a baker didnt want to bake a cake for a gay couple or a restaurant didnt want someone with a wheelchair eating in their dining room?

Too bad for the businesses in those cases. State and federal laws prohibit businesses from discriminating against protected classes.

Neo-Nazi is not a protected class at least not yet.

The ACLU is used to these sticky debates, and their attorneys have consistently stood their ground in protecting everyones right to say what they want, no matter how disgusting. It probably wasnt easy to defend the Ku Klux Klans right to march through the Chicago suburb of Skokie, a town filled with survivors of the Holocaust.

Im not defending hate speech, Im defending free speech, said Claire Guthrie Gastaaga, head of the ACLU of Virginia, which has been hearing plenty about Spencer, who lives in Alexandria.

As soon as you accept that its okay to suppress speech, you say its okay to suppress your speech.

But what about the rallies that seem so hateful?

Portland Mayor Ted Wheeler (D) had the wrong idea when he tried to stop that freedom-of-speech rally over the weekend. It was scheduled before two men were killed and another wounded on the light-rail train trying to protect two girls, one of whom was wearing a hijab .

Jeremy Christian, 35, was arrested and charged in connection with the slaying of Rick Best, 53, and Taliesin Myrddin Namkai-Meche, 23, and the stabbing of another man, Micah Fletcher. When he was brought into a Portland courtroom last week, Christian yelled: Get out if you dont like free speech.

Dude, your free speech was protected at all those rallies where you threw the Heil Hitler salute. Killing two men and stabbing a third, as Christian is alleged to have done, is not speech.

The protesters in Portland had the right to spew all their hateful views. The feds recognized that and rejected the mayors request to shut down the event because it could incite violence.

It was the counterprotesters who behaved violently.

Until they started throwing stuff, damaging property and messing with the police who were there to do their jobs, the counterprotesters had the right idea.

The right response to speech you dont like is more speech, Gastaaga said. The real harm is the nice people who say nothing.

So do it. Speak, yell, shout.

Dont shut the other guys out.

Just be louder than them.

Twitter: @petulad

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In Portland, the haters are entitled to free speech, but not to our silence in the face of their views - Washington Post

Limiting freedom of speech from campuses | North Texas Daily – North Texas Daily

The First Amendment of the Constitution states, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble and to petition the government for a redress of grievances. Our forefathers gave us the freedom of speech and the right to expiration.

Universities havefree speech zones so students can express their political opinions without the risk of punishment or government involvement. Taking away a students free speechzone will only cause students to rebel. Its so students can have the necessary protection from the public.

According to GOPUSA, student Kevin Shaw is suing his community college in California for violating his First Amendment rights. Shawwas barred from passing out copies of the U.S. Constitution because he wasnt in the free speech zone, which is onlyabout the size of three parking spaces. Also, calls to the school district about the situationwere not immediately returned.

According to the Foundation of Individual Rights in Education, 10 percent of the 450 colleges it monitors have similar free speech zones. In 1960, this became a way to control campus protests. Campuses wanted to givestudents the ability to practice protest rights as long as it was on school grounds.

This year, student protesting has increased since the election of President Donald Trump. Before, it was harmless but as Trump climbed the political ladder, protesting went to the extreme. In some cases, itbecamevery violentamongst our fellow Americans.

Other schools want to influence students to express their opinions in any part of the campus without the risk of academicpunishment. According to The Denver Post, Colorado campuses will eliminaterestrictions on free speech zones soon. On March 20 the Colorado House of Representatives voted to ban so-called free speech zones'as they have beenused to confine public demonstrations to designated areas.

According to The Red & Black, the University of Georgia at Athens wants to expand their free speech zones. Kenton Law is a freshman at Lilburn University, and he believes free speech is more than a political theory, and its personal. The laws main goal was the removal of a campus priestafter he constantlylabeled students sinners and whores.'

Since we have the freedom of speech, should we try to use it wisely? I understand some schools concerns with allowing students to speak their minds in public. Sometimes, it may take a turn for the worst. But this is what we all need to watch out for. Being able to speak up is a privilege, but taking advantage ofit is what gets people in trouble. I cannot speak for the people who may try to provoke you to act out, and you are the only one responsible for your actions. I do recommend speaking with your voice, not with violence.

Featured Illustration: Samuel Wiggins

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Limiting freedom of speech from campuses | North Texas Daily - North Texas Daily