The violent clashes in Charlottesville, Virginia, have turned a spotlight on the freedom of speech one of the first rights enumerated in the U.S. Constitution, and one of the messiest.
In Charlottesville, white nationalists and other extremist groups including neo-Nazis and the Ku Klux Klan rallied but only after a federal judge ruled they had the right to gather at Emancipation Park and protest the removal of a statue of Confederate Gen. Robert E. Lee.
Their rights were defended by the American Civil Liberties Union, despised by many conservatives as a liberal bastion. The ACLU deplored the "voices of white supremacy," and condemned the violence that killed a 32-year-old woman and injured dozens of others. But the ACLU made no apologies for its defense of speech that many find distasteful or even dangerous.
"The First Amendment is a critical part of our democracy and it protects vile, hateful, and ignorant speech," the organization said.
So what are the boundaries of free speech? And how is it playing out in this politically charged landscape?
FREE SPEECH RIGHTS
"Even groups that have hateful messages still have a right under the First Amendment to express those positions, whether it's in rallies or protests or gatherings or writing," says Roy Gutterman, a First Amendment expert at Syracuse University.
But free speech does have boundaries. "You have no right to incite violence, you have no right to defame someone or disseminate child pornography," he says. "There are limits and some of the limits are easier to define than others. Even the concept of inciting a riot can get into some subjective and nebulous standards."
The limits of free speech were recognized in a 1919 Supreme Court decision in which the justices said the First Amendment could be restricted if the words represented a "clear and present danger." In that ruling, Justice Oliver Wendell Holmes said "the most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic."
STRANGE BEDFELLOWS
The ACLU has a long history of defending free speech rights, at times on behalf of bigoted groups with offensive messages. In one of its most controversial cases, the ACLU in the late 1970s argued that a neo-Nazi group should be allowed to march in the Chicago suburb of Skokie, which was home to thousands of Holocaust survivors. The demonstrators planned to wear Nazi uniforms with swastika armbands. Attorneys for Skokie argued that would be traumatic for many residents. The neo-Nazis ultimately won the legal battle as a free speech argument, but didn't follow through with the march. Instead, they held a rally in a federal plaza in downtown Chicago.
In a recent case the ACLU said it was defending right-wing writer Milo Yiannopoulos in a free speech lawsuit even though it disagrees with his positions, saying he has fostered "anti-Muslim views and disdain for women" and has compared Black Lives Matter activists to the Klan.
"We understand the pain caused by Mr. Yiannopoulos' views," James Esseks, director of the ACLU's LGBT and HIV Project wrote last week. "We also understand the importance of the principles we seek to defend. The constitutional principle here, of course, is that government can't censor our speech just because it doesn't like what we say."
TOLERANCE ON COLLEGE CAMPUSES
The debate over political expression and free speech has roiled college campuses in recent years, most notably at the University of California-Berkeley. An appearance by Yiannopoulos last winter was canceled after demonstrators dressed in black, broke windows, hurled rocks at police and set fires on the campus. A speech by conservative commentator Ann Coulter at Berkeley was later canceled because of safety concerns. And in Middlebury College, a small liberal arts campus in Vermont, scores of students shouted down political scientist Charles Murray, the author of "The Bell Curve," a controversial book that deals with race and intelligence.
Syracuse's Gutterman says what's happening now is a dramatic shift from the era between the 1940s and 1960s when people on college campuses who were being punished, censored and kicked out of school were on the political left. "Fast forward to today," he says. "It's people on the right or the far right who feel they're not getting a chance to articulate their viewpoint."
"'I think college campuses are a pretty precarious place for the free exchange of information," he says. "Berkeley is the birthplace of the Free Speech movement in the '60s. There's a huge irony there. College campuses have become kind of soft places because of speech codes, codes of conduct and things like that that tend to over-insulate people."
But Fanta Aw, interim vice president of campus life at American University in Washington, D.C., told the Senate Judiciary Committee in June: "As an institution, we draw the line when expression has the potential to incite violence and/or is a direct threat to members of our community."
THE VIEW FROM ABROAD
Many other democracies do not share America's broad protections of speech.
After World War II, several European countries enacted laws that were designed to curb religious and racial hatred. The punishment can range from fines to prison. In 2006, British historian David Irving was sentenced to prison in Austria for denying the Holocaust and gas chambers at Auschwitz. In 2011, a French court found the flamboyant fashion designer John Galliano guilty of making anti-Semitic comments at a Paris bistro.
Original post:
Strange bedfellows: The ACLU, free speech and Neo-Nazis - ABC News
- 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]