Many legal protections are grouped under two related but distinct categories: civil liberties and civil rights. The former, which includes the right to freedom of speech, protects individuals from oppression. The latter prevents wrongful discrimination against groups based on race, religion, national origin, or other attributes.
On many issues, devotees of civil rights and civil liberties coalesce. Sometimes, however, they diverge.
Consider hate speech. Civil rights activists tend to argue (and have argued since at least the 1980s) that certain types of speech are so hurtful and offensive to racial minorities that they should be prohibited. In contrast, civil libertarians tend to maintain that virtually all speech, even the most deplorable, ought to be protected.
The result? Bitter disputes over speech codes on college campuses and beyond.
As an African American with strong, decades-long commitments to civil rights and civil liberties, I have been concerned to see racial justice activists in the African American community distance themselves from the most ardent champions of freedom of speech in recent years.
I have been concerned to see a notable paucity of African American students attending campus events focused on threats to civil liberties. And, in the broader world of civil liberties advocacy, I have watched with dismay as leading civil liberties organizations such as the American Civil Liberties Union, the Foundation for Individual Rights and Expression, and the National Coalition Against Censorship have struggled to attract the support of young African Americans, at least in part because those organizations are seen as defending the rights of racists.
This alienation between supporters of civil rights and civil liberties is harmful and avoidable. Reconciliation is essential and urgently needed.
Racial justice activists must realize that a speech-protective culture a culture that defends even ugly expression benefits minority communities that depend upon protest to make their presence and preferences seen and heard.
Especially at this moment, as state governments threaten to remove Black thinkers and artists from school curricula, the sentinels of racial justice must defend artistic, academic, and political liberties for all.
Many of the most important judicial rulings that extended civil liberties in the post-World War II era arose directly from protests seeking racial justice.
In the 1950s, when the state of Alabama sought to obtain the membership lists of the National Association for the Advancement of Colored People, lawyers persuaded the Supreme Court to protect NAACP members right to free association without fear of exposure and retaliation.
In the 1960s, when white supremacists arbitrarily denied Black civil rights activists the permission to hold rallies, lawyers persuaded the Supreme Court to protect the right to protest, requiring officials to issue clear, objective, uniform regulations, applicable to all on an equal basis.
Student-led activism also contributed to much of this liberty-protective jurisprudence.
In 1960, when Alabama State College expelled Black students participating in a sit-in at a racially segregated lunch room, a federal court of appeals determined that the punishment, administered without benefit of notice or a hearing, violated the students right to due process.
Later, in 1967, a federal district court ruled in favor of Black students at South Carolina State College, protecting their right to protest without prior approval from the college administration.
Indeed, there is a long history of the intrepid champions of racial justice being among the fiercest defenders of freedom of expression.
In 1952, for example, the Baltimore Afro-American newspaper criticized the prosecution of a white supremacist who had been convicted under a state law that criminalized racist group vilification. In an editorial, the newspaper wrote that the battle against bigotry can be fought most effectively in an atmosphere in which freedom of speech is not restricted or confined.
We seek for those with whom we disagree, the editorial continues, the same rights and privileges we demand for ourselves.
Thurgood Marshall, Pauli Murray, and Eleanor Holmes Norton all stalwart fighters for racial justice echoed that same sentiment, defending the rights of racists to speak freely because they could see the bigger picture.
The most aggressive censorship efforts in American history have attended the imposition and maintenance of racial hierarchy. In the 19th century, many states enacted laws that criminalized teaching literacy to Blacks an egregious effort to erase the African American mind.
As new attempts at suppression rear their head today, we must remember that tragic experience and subsequent iterations of ideological and intellectual tyranny. Racial justice activists ought to use those acts of censorship as rallying points to resist all undue encroachments upon freedom of speech, listening, teaching, and learning because free expression helps, rather than hurts, the fight for racial justice.
Randall L. Kennedy is the Michael R. Klein Professor at Harvard Law School. His column runs bi-weekly on Thursdays.
See the original post:
Free Speech Aids Racial Justice. Activists Must Defend It. | Opinion - Harvard Crimson
- Here's what the law says about protesting on Texas college campuses - The Texas Tribune - April 25th, 2024 [April 25th, 2024]
- The awkward truth about sex and free speech | Nina Welsch - The Critic - April 25th, 2024 [April 25th, 2024]
- Get the Facts: How far does the First Amendment go? - WDSU New Orleans - April 25th, 2024 [April 25th, 2024]
- NC school adopts free speech policy after firing professor who opposed critical theory - ADF Media - April 25th, 2024 [April 25th, 2024]
- Biden's Government Takeover of the Internet Threatens Freedom of Speech - RealClearPolicy - April 25th, 2024 [April 25th, 2024]
- Professor tackles subject of limiting freedom to express - Yahoo News Canada - April 25th, 2024 [April 25th, 2024]
- Louisiana Tech earns top rating for free speech - Foundation for Individual Rights and Expression - April 25th, 2024 [April 25th, 2024]
- Freedom of speech 'under assault' at Palestine protests in US universities - The National - April 25th, 2024 [April 25th, 2024]
- Is TikTok Protected Speech Or Threat To Americans? Wyoming Legislators Split - Cowboy State Daily - April 25th, 2024 [April 25th, 2024]
- Progressives Are Ditching Free Speech To Fight 'Disinformation' - Reason - February 16th, 2024 [February 16th, 2024]
- There is a way out of cancel culture but it's not free speech - Times Higher Education - February 16th, 2024 [February 16th, 2024]
- Editor's take: Limiting hate speech not a First Amendment violation - The Pajaronian - February 16th, 2024 [February 16th, 2024]
- Israel's Proposed 'Terror Incitement' Law Is a Dangerous Threat to Freedom of Speech - Haaretz Editorial - Haaretz - February 16th, 2024 [February 16th, 2024]
- Colorado bill tasking attorney general to study online 'misinformation' sparks First Amendment debate - coloradopolitics.com - February 16th, 2024 [February 16th, 2024]
- 10 Worst Censors: 2024 | The Foundation for Individual Rights and Expression - Foundation for Individual Rights in Education - February 16th, 2024 [February 16th, 2024]
- Harvard University's Lifetime Censorship Award: Impact on Freedom of Speech and Journalism - Medriva - February 16th, 2024 [February 16th, 2024]
- Reading is freedom of speech, says 'ABCs of Book Banning' director - KCRW's This...Is Interesting - Podcast en iVoox - iVoox - February 16th, 2024 [February 16th, 2024]
- Freedom of speech or lack of civility? Resident perturbed by others berating Killeen City Council and mayor - The Killeen Daily Herald - October 16th, 2023 [October 16th, 2023]
- Harvard Students Should Know Freedom Of Speech Is Not Freedom From Consequences - The Federalist - October 16th, 2023 [October 16th, 2023]
- FIRE launches six-figure free speech campaign with primetime ... - Foundation for Individual Rights in Education - October 16th, 2023 [October 16th, 2023]
- UGS responds to free speech concerns on campus - The Stanford Daily - October 16th, 2023 [October 16th, 2023]
- UCI Year of Free Speech kicks off with virtual event - UCI News - October 16th, 2023 [October 16th, 2023]
- Book review: A Constitution To Keep: Sedition And Free Speech In ... - Maktoob media - October 16th, 2023 [October 16th, 2023]
- Protestors, supporters gather on HUB lawn for Riley Gaines' Free ... - The Daily Collegian - October 16th, 2023 [October 16th, 2023]
- Editorial: When is free speech not free on college campuses? - TribLIVE - April 27th, 2023 [April 27th, 2023]
- How do you handle free speech issues in higher education, popular discourse? - University of Illinois Urbana-Champaign - April 27th, 2023 [April 27th, 2023]
- Free speech protections are under threat in Texas Legislature - The Dallas Morning News - April 27th, 2023 [April 27th, 2023]
- Should Irish universities introduce mandatory free speech classes? - The Irish Times - April 27th, 2023 [April 27th, 2023]
- Florida House approves bill that would change rules around campus ... - WUFT - April 27th, 2023 [April 27th, 2023]
- Free speech bill 'could protect extreme views' - Times Higher Education - April 27th, 2023 [April 27th, 2023]
- Ronald Collins and Ronnie Marmo: Comedy clubs are free speech ... - Independent Record - April 27th, 2023 [April 27th, 2023]
- A notable foundation for freedom of speech - Newsday - April 27th, 2023 [April 27th, 2023]
- Troy, Alabama A&M receive poor 'red' rating from campus free ... - 1819 News - April 27th, 2023 [April 27th, 2023]
- Freedom of Speech Pros and Cons: What Both Sides Think - March 8th, 2023 [March 8th, 2023]
- What is the freedom of speech? - Alliance Defending Freedom - January 25th, 2023 [January 25th, 2023]
- freedom of speech | Wex | US Law | LII / Legal Information Institute - January 25th, 2023 [January 25th, 2023]
- First Amendment: Freedom of Speech | LII / Legal Information Institute - January 25th, 2023 [January 25th, 2023]
- Freedom of speech online: What are the Florida and Texas laws the US top court could hear a challenge to - The Indian Express - January 25th, 2023 [January 25th, 2023]
- Elon Musk says new Twitter policy is freedom of speech & not freedom ... - January 4th, 2023 [January 4th, 2023]
- CNN Calls Freedom of Speech 'Nonsense' in Moronic Rant - December 12th, 2022 [December 12th, 2022]
- Ex-CNN journo and Nobel Peace Prize laureate Maria Ressa explains why ... - December 12th, 2022 [December 12th, 2022]
- Hate speech - Wikipedia - November 27th, 2022 [November 27th, 2022]
- Freedom of Speech and Expression | CSCE - November 25th, 2022 [November 25th, 2022]
- Why Is Freedom Of Speech Important? The Relevance Explained - November 25th, 2022 [November 25th, 2022]
- 'Freedom Of Speech, But Not Freedom Of Reach': Musk Reinstates Kathy Griffin And Jordan Peterson Amid New Policy But Not Trump Yet - Forbes - November 21st, 2022 [November 21st, 2022]
- Freedom of speech is in jeopardy - The Ridgefield Press - October 15th, 2022 [October 15th, 2022]
- The Alex Jones trap: How 'owning the libs' can turn into a self-own for conservatives - Washington Examiner - October 15th, 2022 [October 15th, 2022]
- Just released: The 2022-2023 College Free Speech Rankings - Foundation for Individual Rights in Education - September 7th, 2022 [September 7th, 2022]
- Russian Court's Ban of Newspaper Novaya Gazeta is a Punch in the Face of Freedom of Speech - Novinite.com - September 7th, 2022 [September 7th, 2022]
- Bangladeshi Editor Rifat Munim Supports Salman Rushdie's Freedom Of Speech: 'Why React To The Book Or The Cartoons In This Childish Way? Why Show... - September 7th, 2022 [September 7th, 2022]
- Crikey! The exclamation of Free Speech - RadioInfo Australia - Radioinfo - September 7th, 2022 [September 7th, 2022]
- Batley row 'shows how extremists are using blasphemy to attack free speech' - The Telegraph - September 7th, 2022 [September 7th, 2022]
- Expansion of Title IX Tramples First Amendment - California Globe - September 7th, 2022 [September 7th, 2022]
- BRACK: S.C. Senate is poking free speech bear on abortion Statehouse Report - Statehouse Report - July 29th, 2022 [July 29th, 2022]
- Will AG Ken Paxton join the fight for freedom of speech? - Wilson County News - July 29th, 2022 [July 29th, 2022]
- The UK Government Wants to Scrap the Human Rights Act. Here's What to Know. - Global Citizen - July 29th, 2022 [July 29th, 2022]
- Cancel culture empowers the powerful at everyone elses expense - Foundation for Individual Rights in Education - July 29th, 2022 [July 29th, 2022]
- Repressive executive order from UNC Chapel Hill student government cuts off funding for pro-life individuals, causes - Foundation for Individual... - July 29th, 2022 [July 29th, 2022]
- Editorial: Alex Jones' lessons on the First and Sixth Amendments - CT Insider - July 29th, 2022 [July 29th, 2022]
- NEW for 7/29: How abortion now works in S.C., and more Statehouse Report - Statehouse Report - July 29th, 2022 [July 29th, 2022]
- Why Does The State Panic Over Free Speech? - The Friday Times - July 27th, 2022 [July 27th, 2022]
- How to Fix the Bias Against Free Speech on Campus - The Atlantic - July 17th, 2022 [July 17th, 2022]
- Universities are in denial over the free-speech crisis - Spiked - July 17th, 2022 [July 17th, 2022]
- Who Really Benefits From the First Amendment? - Tablet Magazine - July 17th, 2022 [July 17th, 2022]
- Legal Eagle: Is free speech abused to flout others rights? - Free Press Journal - July 17th, 2022 [July 17th, 2022]
- Free speech 'stifled' as universities cancel record number of speakers - The Telegraph - July 17th, 2022 [July 17th, 2022]
- The Online Safety Bill could lead to the biggest curtailment of free speech in modern history - The Telegraph - July 17th, 2022 [July 17th, 2022]
- LAWSUIT: Professor sues University of Washington after admins punish him for 'inappropriate' opinion - Foundation for Individual Rights in Education - July 17th, 2022 [July 17th, 2022]
- VICTORY: Art institute reverses expulsion for student who retweeted sexual art - Foundation for Individual Rights in Education - July 17th, 2022 [July 17th, 2022]
- Twitter and Freedom of Speech | News, Sports, Jobs - The Mining Gazette - Daily Mining Gazette - June 26th, 2022 [June 26th, 2022]
- Amber Heard, the ACLU, and the Future of Free Speech - Reason - June 26th, 2022 [June 26th, 2022]
- In my view: Freedom of speech is important - Slough and Windsor Observer - June 26th, 2022 [June 26th, 2022]
- New AGB Resource Prepares Higher Education Board Members to Balance Freedom of Speech with Diversity, Equity, and Inclusion - PR Web - June 26th, 2022 [June 26th, 2022]
- 'What's the point inviting me on!' Piers Morgan and student erupt in free speech row - Express - June 26th, 2022 [June 26th, 2022]
- Binance CEO says 'free speech is very hard to define' - Business Insider - June 26th, 2022 [June 26th, 2022]
- The Deeper Significance of Justice Thomas's Second Amendment Opinion - The Epoch Times - June 26th, 2022 [June 26th, 2022]
- Twitter and freedom of speech - Washington Times - June 22nd, 2022 [June 22nd, 2022]
- Bill of Rights to strengthen freedom of speech and curb bogus human rights claims - GOV.UK - June 22nd, 2022 [June 22nd, 2022]
- Twitter and the freedom of speech | Opinion | journal-spectator.com - Wharton Journal Spectator - June 22nd, 2022 [June 22nd, 2022]
- Charlottesville, COVID, Trump and free speech: How white supremacy entered the mainstream - Salon - June 22nd, 2022 [June 22nd, 2022]