At the height ofthe deadly racist mayhem last Saturday in Charlottesville, a so-called white nationalist named Preston Wiginton announced that he would hold a White Lives Matter rally on September 11 on the grounds of Texas A & M, a public university in College Station. The rally would feature Richard Spencer, a well-known white nationalist whose speech at an auditorium at the university in December sparked outrage and near violence on campus. The headline of Wigintons press release blared in all caps, TODAY CHARLOTTESVILLE, TOMORROW TEXAS A&M.
An opposing group immediately announced a counter-protest to be called BTHO Hate, borrowing from a campus sports-program acronym meaning beat the hell out of.
On Monday night, Texas A & M announced it was canceling Wiggintons rally, and issued the following statement:
After consultation with law enforcement and considerable study, Texas A&M is cancelling the event scheduled by Preston Wiginton at Rudder Plaza on campus on September 11 because of concerns about the safety of its students, faculty, staff, and the public.
Texas A&M changed its policy after Decembers protests so that no outside individual or group could reserve campus facilities without the sponsorship of a university-sanctioned group. None of the 1200-plus campus organizations invited Preston Wiginton nor did they agree to sponsor his events in December 2016 or on September 11 of this year.
With no university facilities afforded him, he chose instead to plan his event outdoors for September 11 at Rudder Plaza, in the middle of campus, during a school day, with a notification to the media under the headline Today Charlottesville, Tomorrow Texas A&M.
Linking the tragedy of Charlottesville with the Texas A&M event creates a major security risk on our campus. Additionally, the daylong event would provide disruption to our class schedules and to student, faculty and staff movement (both bus system and pedestrian).
Texas A&Ms support of the First Amendment and the freedom of speech cannot be questioned. On December 6, 2016 the university and law enforcement allowed the same speaker the opportunity to share his views, taking all of the necessary precautions to ensure a peaceful event. However, in this case, circumstances and information relating to the event have changed and the risks of threat to life and safety compel us to cancel the event.
Finally, the thoughts and prayers of Aggies here on campus and around the world are with those individuals affected by the tragedy in Charlottesville.
Texas A & M is a public university subject to the demands of the First Amendment. It cannot ban speech on campus simply because the content of that speech is objectionable to many or all. Even hate speech like that of White Supremacists is fully constitutionally protected. Courts long ago held that Nazis bearing swastikas must be allowed to march down the streets of a neighborhood populated by Holocaust survivors. Furthermore,Texas A & M permitsRudder Plaza to be used as a free-speech zone, whether or not the speakers are sponsored by a student group.
University lawyers know this, so officials have not announced a total ban on racist hate speech on campus. They are cancelling this particular event. And they are offering purported content-neutral justifications for the cancellation. Are they on solid First Amendment ground?
The first and potentially most compelling justification for the cancellation is a public safety concern. Given violent clashes in other places where political extremists have rallied, and especially the demonstration four days ago at the University of Virginia, its easy to sympathize with the university. Moreover, September 11 is an especially sensitive day on the American calendarwhich is no doubt the reason it was chosen for the rally. Protecting public safety is certainly a legitimate and indeed powerful concern of public officials. Speakers may not threaten violence or incite others to violence. Any actual acts of violence by speakers or counter-protesters could be punished.
The problem for Texas A & M is that, judging by the public record, we have no indication so far that organizers have made what courts would likely consider threats of violence. Its true that Wiginton linked his event to Charlottesville. But avague publicity reference to Today Charlottesville, Tomorrow Texas A &M is not enough to qualify as an unprotected true threat.
Theres also no evidence that organizers directly encouragedincitedothers to commit acts of violence. To constitute unprotected incitement, the speech must clearly advocate actual lawlessness (not merely hint at it) and be likely to immediately cause such lawlessness (not merely increase its likelihood). Under this test, the Supreme Court reversed the criminal conviction of a Klan leader who told armed membersat a cross-burning rally that there might have to be some revengeance [sic] taken against niggers and Jews.
Undoubtedly,many people feel provoked to violence when they see swastikas or Confederate flags or hear slogans that evoke genocide like Jews will not replace us. Thus, the planned counter-protest in response to Wiginton employed the language of force (beat the hell out of hate). But provocation is not incitement.The university cannot bar controversial speech simply because listeners might be deeply offended or might themselves react violently when they hear the speech. Federal courts are wary of allowing such a hecklers veto of controversial speechespecially based on an undifferentiated fear that violence might possibly ensue. Shutting down or prohibiting speech is the last resort, not the first.
Minimizing and containing the threat of violence at the rally is a matter for negotiation between the speakers and the university, with a judge resolving outstanding differences. But safety concerns are unlikely to prevent the speech altogether.
The second justification for the cancellation is that the event would disturb the normal activities of the campus during a school day, including possible disruption to class schedules, and would impede the safe and free movement of pedestrians and vehicles through campus. These are legitimate content-neutral concerns of the government, but there is a fact question about whether a protest or event could be orchestrated in a way that would minimize disruption and allow adequate traffic flow. These are matters that could be negotiated by lawyers for the university and the speakers, with differences adjudicated by a judge. Again, these concerns wont justify wholly forbidding the speech.
The universitys cancellation is an opening bid in a negotiation with lawyers for the speakers. It may be that a different date or time or specific place on campus for the event can be arranged to address safety and other concerns. Certainly the university can take steps to protect the peace, like increasing police presence and erecting barriers between opposing groups. But I doubt the University will succeed in simply prohibiting this event on campus.
Texas A & M is not a one-off. The newly emboldened and brazen white racist movement is seeking similar publicity around the country. The constitutional issues raised by the universitys purported cancellation of a White Supremacy rally will recur. The First Amendment is not an alt-right slogan. We cant let it be distorted by our fear of bigots. And we cant let it be a tool for them alone.
Read the original post:
Free speech and White Supremacy at Texas A & M (and elsewhere) - Washington Post
- Turkey's crackdown on freedom of speech intensifies - February 12th, 2015 [February 12th, 2015]
- Bill of Rights Transcript Text - National Archives and ... - February 12th, 2015 [February 12th, 2015]
- Freedom of Speech (Stanford Encyclopedia of Philosophy) - February 12th, 2015 [February 12th, 2015]
- 3 Muslims shot dead by Atheist || #muslimlivesmatter - Video - February 12th, 2015 [February 12th, 2015]
- Media Studies 104A - 2015-02-10 - Video - February 12th, 2015 [February 12th, 2015]
- USA Freedom of Speech and Jesus Christ - Video - February 12th, 2015 [February 12th, 2015]
- France Arrests French Comedian Dieudonne 3 Days After Charlie Hebdo Freedom of Speech - Video - February 12th, 2015 [February 12th, 2015]
- Charlie Hebdo's "Freedom of Speech" - Video - February 12th, 2015 [February 12th, 2015]
- John Robertson on Greg Shapiro's United States of Europe - S3Ep01 - Video - February 12th, 2015 [February 12th, 2015]
- The Illuminati: The Freedom of Speech 2015 Conspiracy - Video - February 12th, 2015 [February 12th, 2015]
- Muslims oppose insult to Islam in the name of freedom of speech - Video - February 12th, 2015 [February 12th, 2015]
- RE: HannibalTheVictor13's resentment over thunderf00t and his "freedom of speech". - Video - February 12th, 2015 [February 12th, 2015]
- Policy update restricts demonstrations - February 14th, 2015 [February 14th, 2015]
- Italian senators pass bill criminalizing denial of genocides - February 14th, 2015 [February 14th, 2015]
- Michael Buerk Interview - Freedom of Speech & Paris Attacks - Video - February 14th, 2015 [February 14th, 2015]
- 'Freedom Of Speech' Topic Tuesday #12 - Video - February 14th, 2015 [February 14th, 2015]
- One dead after shots fired at Copenhagen freedom of speech meeting - February 15th, 2015 [February 15th, 2015]
- Shots Fired at Copenhagen Free Speech Event: Reports - February 15th, 2015 [February 15th, 2015]
- One man dead and three policemen wounded at freedom of speech seminar in Denmark - February 15th, 2015 [February 15th, 2015]
- Copenhagen caf: two gunmen in terror attack at freedom of speech event - February 15th, 2015 [February 15th, 2015]
- One dead in gun attack on Danish freedom of speech meeting - February 15th, 2015 [February 15th, 2015]
- Free Speech Debate Still Alive After Attack in Denmark - February 15th, 2015 [February 15th, 2015]
- Esau uses Freedom of Speech as a weapon! - Video - February 15th, 2015 [February 15th, 2015]
- Copenhagen attacks an 'affront to freedom of speech': Tony Abbott - February 15th, 2015 [February 15th, 2015]
- Copenhagen suspect known to police - February 15th, 2015 [February 15th, 2015]
- Copenhagen police kill suspect linked to two fatal attacks - February 15th, 2015 [February 15th, 2015]
- Freedom of Speech and Freedom of Press - Lincoln University - February 15th, 2015 [February 15th, 2015]
- Copenhagen Shooting: Deadly attack at free speech meeting with cartoonist who depicted Muh - Video - February 15th, 2015 [February 15th, 2015]
- Shots fired at Copenhagens Krudttoenden cafe free speech event a report - Video - February 15th, 2015 [February 15th, 2015]
- Media Studies 104A - 2015-02-12 - Video - February 15th, 2015 [February 15th, 2015]
- WallBuilders Live 2015-02-11 Wednesday - Freedom of Speech on College Campuses - Video - February 15th, 2015 [February 15th, 2015]
- Yisrael Beytenu at Charlie Hebdo freedom of speech protest - Video - February 15th, 2015 [February 15th, 2015]
- TOI debate on freedom of speech wows Kolkata - The Times ... - February 16th, 2015 [February 16th, 2015]
- Muslims Killing Atheists! - Video - February 16th, 2015 [February 16th, 2015]
- AP Top Stories February 14 P - Video - February 16th, 2015 [February 16th, 2015]
- Duck Dynasty's Phil Robertson to Receive Freedom of Speech Award - February 17th, 2015 [February 17th, 2015]
- Freedom of speech, but... SHOTS - Video - February 17th, 2015 [February 17th, 2015]
- Letters to the editor: We must do more to stop terrorists - February 18th, 2015 [February 18th, 2015]
- Freedom Of Speech Naam Ki Koi Chiz Hoti Hai - Alia Bhatt On AIB Controversy - Video - February 18th, 2015 [February 18th, 2015]
- DoomShow,Freedom of Speech under attack by Terrrorists - Video - February 18th, 2015 [February 18th, 2015]
- Greenpeace activist refutes govt charge of being anti-national - February 19th, 2015 [February 19th, 2015]
- Jailed Al Jazeera journalist concerned about freedom of speech - February 19th, 2015 [February 19th, 2015]
- Fan claims municipal police violating freedom of speech - February 19th, 2015 [February 19th, 2015]
- Jailed journalist concerned about freedom of speech - February 19th, 2015 [February 19th, 2015]
- Denmark: Police launch manhunt for Copenhagen cafe shooter - Video - February 19th, 2015 [February 19th, 2015]
- Freedom of speech denied outside of Skillet concert Pittsburgh - Video - February 19th, 2015 [February 19th, 2015]
- Alex Jones is Right! Snowden is Right! Government Crooks Via FaceBook! - Video - February 21st, 2015 [February 21st, 2015]
- "McCann Trolling" v "Freedom of Speech" - Video - February 21st, 2015 [February 21st, 2015]
- Aamir Khan disapproves AIB Roast, KJo reacts - February 22nd, 2015 [February 22nd, 2015]
- South Africa: Post the State of the Nation Address - February 23rd, 2015 [February 23rd, 2015]
- The Great Purge of Free Speech Has Begun............ - Video - February 23rd, 2015 [February 23rd, 2015]
- Big Brother Watch calls for reform of social media communications laws - February 24th, 2015 [February 24th, 2015]
- Comment on Have an opinion? Stuff it! by boh-liao - February 24th, 2015 [February 24th, 2015]
- Sports Hotline: What happened to freedom of speech - have Rangers fans lost their right to offend? - February 24th, 2015 [February 24th, 2015]
- Freedom of Speech: Canadians support Charlie Hebdos choice to publish images of Prophet Muhammad - February 24th, 2015 [February 24th, 2015]
- Should there be limitations on freedom of speech? - Video - February 24th, 2015 [February 24th, 2015]
- Topic Tuesday #39 - Freedom of Speech? (Minecraft Survival Games Gameplay) - Video - February 24th, 2015 [February 24th, 2015]
- DW Freedom of Speech Award for Raif Badawi - February 25th, 2015 [February 25th, 2015]
- THROWDOWN THURSDAY: The Four Causes of Anti-Israelism - February 26th, 2015 [February 26th, 2015]
- FCC Reinstates Net Neutrality, Protecting Open Internet - February 27th, 2015 [February 27th, 2015]
- CPDP 2015: Online privacy versus freedom of speech. Balancing rights in the EU context. - Video - February 27th, 2015 [February 27th, 2015]
- Net neutrality lobby victorious after FCC ruling - February 27th, 2015 [February 27th, 2015]
- Freedom of speech means tolerating opposing viewpoints - March 2nd, 2015 [March 2nd, 2015]
- The Death of Freedom of Speech on the Internet - Video - March 2nd, 2015 [March 2nd, 2015]
- Dangerman - Freedom Of Speech - Video - March 2nd, 2015 [March 2nd, 2015]
- Rebel Ratepayer Raps 4 Freedom of Speech in City of Melton, Melbourne - Video - March 2nd, 2015 [March 2nd, 2015]
- Students stand up for free speech at UI - March 2nd, 2015 [March 2nd, 2015]
- John Kerry asked to act on murder of Avijit Roy - March 3rd, 2015 [March 3rd, 2015]
- Not so Charlie now? - March 4th, 2015 [March 4th, 2015]
- ISIS Supporters Threaten "Charlie Hedbo style" Attack Against Twitter Employees - March 4th, 2015 [March 4th, 2015]
- AIB trying hard about freedom of speech - Video - March 4th, 2015 [March 4th, 2015]
- Freedom of Speech situation in Bangladesh BBC World Service discussion - Video - March 4th, 2015 [March 4th, 2015]
- Noam Chomsky on Freedom of Speech and Anti-Fascism [full] - Video - March 4th, 2015 [March 4th, 2015]
- AND..Y we should stand up for freedom of speech | AIB Roast | Delhi Elections | AAP - Video - March 4th, 2015 [March 4th, 2015]
- Vclav Havel Fellowship programme helps young journalists from post-Soviet bloc states - March 5th, 2015 [March 5th, 2015]
- Murderers condemned as message of peace is North Herts conferences priority - March 5th, 2015 [March 5th, 2015]
- four freedoms speech - FDR - Video - March 5th, 2015 [March 5th, 2015]
- Watch what the youth feels about the AIB Roast Controversy & so called "freedom of speech" - Video - March 5th, 2015 [March 5th, 2015]
- freedom of speech eminem remix - Video - March 5th, 2015 [March 5th, 2015]
- Freedom of speech has no limits- - Video - March 5th, 2015 [March 5th, 2015]