Monthly Archives: August 2017

Photo Joshua Wong during an October 2014 protest outside the offices of Hong Kongs chief executive. Credit Tyrone Siu/Reuters

To the Editor:

Re Three Young Voices Versus a Superpower (editorial, Aug. 15):

The three students were convicted because their disorderly and intimidating behavior broke the law during a protest. They were found guilty based on evidence presented in a fair and open trial.

Under Hong Kongs common law legal system, like others around the world, both the prosecution and the convicted can seek an appeal of sentence. The court will consider the case independently, fairly and openly. There is simply no basis to imply that political motive or the students political views are the reason for the appeal.

Freedom of speech and freedom of assembly are protected in Hong Kongs Basic Law, our constitutional document, and underpinned by the rule of law and an independent judiciary. Hong Kongs judicial independence is ranked eighth globally by the World Economic Forum (the United States is 29th).

Your eagerness to label the alleged kidnapping case of Howard Lam, a member of Hong Kongs Democratic Party, as a brazen crackdown is also wide of the mark. Independent journalists have published evidence that contradicts his allegations. Mr. Lam has since been arrested on suspicion of misleading the police by false information.

CLEMENT LEUNG, WASHINGTON

The writer is Hong Kongs commissioner to the United States.

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Free Speech and Assembly in Hong Kong - New York Times

Free speech isn't an absolute and it doesn't mean you can say whatever you want whenever you want.

"First Amendment of the United States Constitution protects freedom of speech. The protection is mainly from the government, and it doesn't protect against the consequences of the freedom of speech," saidJohn Elmore, a legal analyst.

Because of the First Amendment protections, it's rare that a government will deny a permit to assemble, even if it is for a recognized hate group, like the White Nationalists who organized the "Unite the Right" rally in Charlottesville, Virginia over the weekend. Plus, those groups can sue if their assembly permit is denied. But the government can restrict a protest to a certain place and time.

"The court has always had the ruling that if the government restricts speech based on the content of that speech, they have a very high standard. And it is very reluctant to allow that restriction," saidPeter Yacobucci, Ph.D., a SUNY Buffalo State political science associate professor.

The exceptions to freedom of speech include incitement, defamation, fraud, obscenity and lies, just to name a few. And there's a fine line between freedom to spew hate speech and inciting violence.

"For hate speech, as long as nobody is acting on it, it's still protected. If people are acting on it, we can say this person was engaging in incitement and incitement, we have laws against," saidClairissa Breen, Ph.D., a SUNY Buffalo State criminal justice professor.

Yacobucci added, "If a common person understood it that they were being directed to that violence, then the speech can be restricted, but that's a pretty high standard. To just say, 'I want to kill that person,' that's not a enough to be a threat. There has to be something substantial behind it."

Elmore said, "No matter how untasteful the language is, that's protected speech."

But freedom of speech and assembly rights can be revoked if things turn violent. Plus, freedom of speech doesn't protect you from potential consequences.

"A private employer may be embarrassed by extreme political views of a person that is publicized, somebody that publicizes their Nazi views, their KKK views, extreme racist views. The government says you can say those things, but a private employer has the right to discharge an employee because that would affect their business," said Elmore.

But for government employees, it's more of a gray area. If the hate speech is something that could affect the way they do their job, like a police officer, they would be at risk for getting fired.

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Free speech comes at a price - Spectrum News

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.

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Strange bedfellows: The ACLU, free speech and Neo-Nazis - ABC News

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.

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Free speech and White Supremacy at Texas A & M (and elsewhere) - Washington Post

Ryerson University canceled a panel Wednesday dedicated to discussing the silencing of free speech on college campuses, citing campus safety.

The Canadian school canceled The Stifling of Free Speech on University Campuses, an Aug. 22 panel featuring three doctors and a pro-free speech journalist, citing a prioritization of campus safety over free speech in light of recent events, according to correspondence obtained by The Daily Caller News Foundation.

Social justice activists set up a Facebook page entitled No Fascists in Our City!to protest the event. The pages header image depicted a swastika crossed out.

Fascists are planning to meet on August 22nd at Ryerson University to discuss how to avoid what they call SJW Culture, the protest description reads. Tickets are being sold for $20 and frankly it makes us virulently ill Considering the rise of Nationalism here and abroad we need to show these people and their guests that we will not tolerate their backward nonsense in our city.

Approximately 500 individuals signed up for the protest, with nearly 2,000 others stating that they were interested. Sarina Singh,a Ryerson graduate who was hosting the free speech event, received a call from Ryerson Wednesday morning informing her of the events cancellation.

The reason cited was security concerns and safety of the community, Singh told TheDCNF.

Singh noted that people from the U.S. had planned on attending the event, and that some people were taking time off work to attend.

I made three requests, suggested getting Toronto police involved for safety, [but the university] told me my event was canceled PERMANENTLY, the event organizer said.

There is often a tension at universities resulting from our commitment to be a place for free speech and our commitment to be a place that is civil, safe, and welcoming, Michael Forbes, a communications officer for Ryerson, told TheDCNF. In light of recent events, Ryerson University is prioritizing campus safety.

The free speech panelists expressed disappointment with backlash to the event and the universitys decision.

[Progressive activists] were calling me a Nazi, a fascist, and an anti-Semite, Dr. Gad Saad, a Concordia University marketing professor and one of the panelists, told TheDCNF. Im Jewish. So, theyve lost the plot. Its a form of lunacy thats difficult to diagnose.

Saad, who had already booked a flight and hotel for the now-canceled event, termed the social justice activists behavior ostrich parasitic syndrome, stating that they denied reality and behaved as though their brains were turned into mush.

Apparently supporting freedom of speech makes you a Nazi these days, Saad told TheDCNF. I think our existence is now hate speech that I exist as an independent person who spews his thoughts freely is an affront to those who wish to control him Orwell couldnt have come up with the realities that were facing today.

Saad noted that people who express incorrect opinions get beheaded in the Middle East. He said that while the West was not yet at that stage, activists could do the next best thing and go after a speakers livelihood, reputation, and platform to speak. He suggested that cowardice is the eighth deadly sin, and that universities did not possess the effort, courage, and testicular fortitude to stand up to those trying to silence speech.

You never pacify thuggery. You dont pacify someone whos trying to rape you. These people are intellectual terrorists. Theyre rapists of truth, Saad added.

Reason is dead and the accursed university campus is to blame, Faith Goldy, another panelist and journalist for The Rebel Media, told TheDCNF. To those who shut us down: Programmed cowards, your victory is counterfeit. To those who stand with us: May your passion for truth be matched by your bravery during these dark days, characterizing a civilization in decline.

TheDCNF reached out to the remaining two panelists, University of Toronto Professor Jordan B. Peterson and clinical psychologist Oren Amitay, but received no comment in time for press.

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College Responds To Hosting Panel On Free Speech By Canceling It - The Daily Caller