Category Archives: Freedom of Speech

In recent years, discussions around freedom of speech have expanded beyond debates on the limits of the First Amendment and into a broader conversation on the culture of free expression in the U.S. Some argue that Americans should not only have a right to speak their minds, but also a right to speak their minds without fear of being shamed or shunned. Others contend that freedom of speech does not entail freedom from social consequences for your speech.

In a recent YouGov survey, we attempted to distill common beliefs about the countrys culture of speech into brief statements and measured the extent to which Americans agree or disagree with them. While there are drawbacks to agree/disagree-style questions, they are useful for comparing attitudes among different groups such as Republicans and Democrats.

While most Americans 64% agree that Americans are generally free to express their views, we find significant partisan divides on many issues relating to free speech, including what threatens it and what limitations should be applied to it. The vast majority of Americans including majorities of Republicans and Democrats agree that part of exercising free speech is having to deal with people who disagree with you. Far fewer less than half of Republicans and Democrats agree that limits on the speech of some people can expand free speech for people overall.

Agreeing to disagree

One thing 84% of Americans can agree on is that part of exercising free speech is having to deal with people who disagree with you. Only 6% disagreed with this statement. Of all the questions asked, this produced the smallest partisan gap an equal share of Democrats (89%) and Republicans (90%) say free speech involves disagreement.

Free from consequences

Most Americans (70%) agree that freedom of speech does not mean freedom from consequences of that speech, while 14% disagree. Though a majority of all groups we studied agree, there are some divides. Adults 30 and under (56%) are less likely to agree than adults 65 and older (81%). Republicans (60%) are less likely to agree than Democrats (85%).

Biting your tongue

A majority of Americans (61%) agree that it isnt always a bad thing when people avoid publicly expressing views that may offend others, while only 18% disagree. Some groups were more likely to agree with this than others, including Democrats (74%) and Americans 65 and older (72%). Adults under 30 were significantly less likely to agree (48%) and more likely to say they were unsure (34%).

Protecting civil rights

About half of Americans (54%) agree that we should generally discourage people from expressing views that advocate removing the civil rights of others, while about a quarter (26%) disagree with this. While all groups we looked at were more likely to agree than disagree that we should discourage people from advocating for the removal of civil rights, fewer Republicans (47%) than Democrats (71%) agreed.

The marketplace of ideas

About half of Americans (52%) agree that the truth is most likely to emerge when ideas can compete in unregulated public discourse. A significant portion 35% are unsure and only 14% disagree. Americans 65 and older are about twice as likely to agree (62%) as are adults under 30 (34%). Other groups we looked at with relatively high rates of agreement include: Republicans (61%), Americans living in the West (61%), and people in families earning $100,000 or more each year (65%).

Keeping up with the times

Half of Americans (52%) agree that the norms of socially acceptable speech are changing too quickly to keep up with, while 26% disagree with this. Republicans (68%) are more likely to say its hard to keep up with changing norms than Democrats (41%) are. Americans 45 and older are more likely to say its hard to keep up than adults under 45.

Misunderstood

Nearly half of Americans (49%) say they often worry that a view they express will be misinterpreted in a negative way, while 32% say they dont often worry about this. Of the groups examined, Trump supporters (61%) were the most likely to agree.

Top-down tyranny

Americans are divided on whether the government poses the biggest threat to speech: 45% agree it does, while 32% say it doesnt. Republicans (69%) are more than twice as likely as Democrats (28%) to say the government poses the biggest threat to speech.

Testing the limits

Americans are almost twice as likely to agree (41%) than disagree (22%) that people who test the limits of free speech by sharing controversial views I disagree with are making a positive contribution to society. Among the groups analyzed that are most likely to agree with this are Trump supporters (56%), Republicans (54%), and men (46%).

Good intentions

Americans are somewhat more likely to agree (40%) than disagree (31%) that what matters is the intent of the person speaking, not how what they say is understood. Americans 65 and older are evenly divided (39% agree, 39% disagree), while adults under 30 are twice as likely to agree (39%) than disagree (17%).

Limits on some

Almost half of Americans (46%) disagree that sometimes limiting the speech of a small number of people expands freedom of speech for people overall, while 28% agree with this. Black Americans (36%) and Democrats (40%) were somewhat more likely to agree than to disagree.

Carl Bialik contributed to this article

See the toplines and crosstabs from this U.S. News Poll

Methodology: This U.S. News survey was conducted by YouGov using a nationally representative sample of 1,000 U.S. adult citizens interviewed online between March 21 - 23, 2022. This sample was weighted according to gender, age, race, and education based on the 2018 American Community Survey, conducted by the U.S. Census Bureau, as well as news interest and 2020 Presidential votes (or non-votes). Respondents were selected from YouGovs opt-in panel to be representative of all U.S. citizens. The margin of error is approximately 4% for the entire sample.

Image: Getty

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Democrats and Republicans agree that exercising free speech means having to deal with disagreement - YouGov US

PHILADELPHIA, March 29, 2022 A new study by the Foundation for Individual Rights in Education analyzes the state of free speech at 26 Michigan colleges and universities. State of the Speech Codes: Michigan finds that well over half of those colleges maintain free expression policies that restrict or could too easily be interpreted to restrict student speech.

Too many Michigan college students study in the shadow of restrictive or overly broad policies that threaten their rights, said FIRE Program Officer Ryan Ansloan, who authored the report. I hope this report lights a fire under college admins to re-evaluate these policies and protect student and faculty rights.

FIND OUT HOW MUCH PROTECTED SPEECH YOUR COLLEGE RESTRICTS

The report includes new research on policies at 11 institutions and reviews and updates the ratings of 15 institutions already included in FIREs Spotlight database. FIRE rates schools as red light, yellow light, or green light institutions based on how much speech protected by First Amendment standards their policies restrict in a number of categories, including protest, online speech, harassment, and civility. Private schools that promise free speech rights to their students are rated using the same standards as public ones, while private colleges that clearly place other values above free speech rights earn a Warning rating.

Over a quarter of Michigan institutions 27% received an overall red light rating, FIREs lowest rating, for maintaining speech codes that clearly and substantially restrict freedom of speech. Universities with a red light rating include Aquinas College, Davenport University, Grand Rapids Community College, Lake Superior State University, Muskegon Community College, Oakland University, and Western Michigan University.

Only one of the institutions FIRE reviewed, Michigan Technological University, does not maintain any policies that compromise student expression, earning it FIREs highest green light rating. This rating is held by only 58 colleges nationwide. Meanwhile, half of Michigans institutions earned a yellow light rating. While less restrictive than red light policies, yellow light policies still prohibit or have an impermissible chilling effect on constitutionally protected speech and must be revised.

The report also notes that the kinds of restrictive policies adopted at Michigan universities, including technology and harassment policies, occur in Michigan with roughly the same regularity as they do in the rest of the country. The report analyzes the problematic policies by school and includes FIRE President and CEO Greg Lukianoffs five ways university presidents can improve the state of free speech on campus.

Overly vague and broad policies can affect not only college students, but also faculty members. One such problematic policy at Ferris State University was recently used as an excuse to oust professor Barry Mehler. Mehler ran afoul of the universitys excessively broad Employee and Student Dignity Policy when he used profanity in a class introduction.

Its tempting to put off policy reform because policies seem theoretical, but bad policies can quickly lead to censorship and rights violations, said Ansloan. FIRE wants to make sure that doesnt happen to other Michigan students and faculty.

FIRE stands ready to defend students and faculty members whose rights are threatened on campus. We also invite college administrators to work with us to reform their institutions policies.

The Foundation for Individual Rights in Education (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of students and faculty members at Americas colleges and universities. These rights include freedom of speech, freedom of association, due process, legal equality, religious liberty, and sanctity of conscience the essential qualities of liberty.

CONTACT:

Katie Kortepeter, Media Relations Associate, FIRE: 215-717-3473; media@thefire.org

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Study shows just 2% of Michigan students attend a university that respects free speech - Foundation for Individual Rights in Education

Deputy prime minister DominicRaabhas said his plan to replace Labours Human Rights Act will would ensure the principle of free speech became a legal trump card.

The justice secretary said his proposals would stop free speech and democratic debate from being whittled away by wokery and political correctness.

The governments plan to replace the landmark Human Rights Act with a new UK Bill of Rights currently out for consultation will better protect media freedom, Mr Raab claimed.

The senior minister said free speech had to be given different status in the pecking order of rights.

Mr Raab told the Daily Mail: Effectively, free speech will be given what will amount to trump card status in a whole range of areas.

He said: The thrust is going to be making sure that when we balance rights, whether its the right to free speech and the right to privacy or other rights, we make sure that the greatest overriding importance and weight is attached to free speech.

Despite the promised changes, MrRaabsaid checks would remain on free speech to prevent the incitement of violence or promotion of terrorism.

We will still be clamping down on those who try and use either media or free speech to incite violence, to radicalise terrorists, or to threaten children. All of those safeguards will be in place, he said.

Mr Raab said: But weve got to be able to strengthen free speech, the liberty that guards all of our other freedoms, and stop it being whittled away surreptitiously, sometimes without us really being conscious of it.

I feel very strongly that the parameters of free speech and democratic debate are being whittled away, whether by the privacy issue or whether its wokery and political correctness.

He added: So it will have a different status in the pecking order of rights and I think that will go a long way to protecting this countrys freedom of speech and our history, which has always very strongly protected freedom of speech.

MrRaabalso told the paper the UK Bill of Rights would make deportation mandatory for all foreign criminals jailed for at least a year.

Meanwhile, The Telegraph reports that, as part of a wider reform of parole proceedings, MrRaabis set to take back powers to override the Parole Board when it comes to the release of dangerous criminals from jail.

It follows public outcry at the decision to release double child killer and rapist Colin Pitchfork from jail.

Excerpt from:
Raab vows to protect free speech from wokery with plan to scrap Human Rights Act - The Independent

In the fight for human rights, protest is unavoidable. Normally, protest is a way to call for the change we seek, but protests can do more harm than good if they begin to infringe upon other personal freedoms. When this happens, there are no right sides; the political beliefs one holds dont matter if they are actively violating anothers personal freedoms. These blurred lines of activism then subtract from the same goals that might be accomplished through more wholly constructive action, such as writing letters to elected officials or signing petitions.

On March 2, protesters on the campus of the University of North Texas (UNT) took action against a guest speaker for the schools Young Conservatives of Texas club. This speaker was Jeff Younger, a Republican candidate for Texas House District 63, and an outspoken opponent of gender-affirming healthcare for transgender individuals. Hes most widely known for preventing the transition of his own child, who identifies as a transgender girl. The reaction to Youngers presence on UNTs campus was especially heightened by the news of Governor Greg Abbotts recent executive order condemning child transitions and ordering an investigation into parents of trans children. The student-led protests that occurred at UNT showed support for the trans youth affected by Abbotts executive order and denounced the bigoted stance taken by many other Texas conservatives in or running for office.

While this stance is undoubtedly one to take action against, due to its vilification of the LGBTQ community and their struggle for access to necessary healthcare, protest is most effective when executed in a nonviolent manner, which it was not at UNT. The demonstration quickly spiraled out of control, despite the protestors intentions to stop harmful discourse from being spread. Students yelled and banged on desks to prevent Younger from speaking, undermining the overall effectiveness of their activism. Theres no denying that Youngers views are extreme and downright hateful, but surely, forcing him to retreat off-campus with a police escort isnt the right way to establish that. Had his talk gone as planned, it would be much easier for Youngers critics to condemn him without having to worry about the students who arguably violated his personal freedom of speech.

We all have the freedom of speech, and though we may use it in different ways, its still imperative to maintain it. This is a challenge on college campuses, especially in Texas, where a slew of issues are becoming more and more sensitive topics to discuss in a respectable manner. Instead of being able to share opinions about such issues, there has recently been more effort to avoid uncomfortable situations by banning discussion altogether. Even with these issues becoming more and more relevant, the state government and school boards feel the need to repress expanding narratives in order to maintain their own.

Colleges as a whole are disadvantaged by this; campuses are supposed to be places that foster growth through learning about different perspectives, even if those perspectives can be disagreeable. Of course, this is no excuse to foster bigotry and hate speech people should still be held accountable for their words and actions spurred by hatred. Free speech is separate from hate speech, and that needs to be understood if we are to expand our ability to communicate.

Unfortunately, the current political climate in the U.S., and especially in Texas, has tensions running high between those of opposing beliefs. With each of the two major parties thinking that the other is radically disagreeable, a discussion is no longer a capable tool for people to find a compromise. I certainly am not the one with a solution, but in my mind, there is at least room for improvement.

We can start by listening. This does not include waiting to expose holes in anothers argument or correct them but instead entails truly listening to other perspectives and learning why people have them in the first place. Engaging in respectful conversation should not involve a battle for dominance. In the past, I know Ive been drawn into debates with people just seeking attention for attentions sake. When disagreements get blown out of proportion, the issue at heart becomes buried beneath emotion, and no one leaves with a better understanding of their opponents view. Again, hate speech is not free speech, and it should not be treated as such. There is a clear difference between disagreeing with someone and hating who they are.

Connecting and incorporating the freedoms of speech and protest is vital to inciting the change we want to see in the future. My ideal activist is someone who knows their own beliefs but also knows those of whatever opposition they face, no matter how outlandish.

To find common ground in the future, we need to start cultivating our culture of exchanging information once again. This will not be easy, as there will continue to be disagreement regardless of the environment where discussion occurs. With any luck, we can realize that beliefs dont need to be forced down each others throats for them to be addressed. Understanding one another (outside of the realms of bigotry) will be the key, not only to forming new connections but also to making a future where our beliefs can coincide.

As of March 12, Abbotts order to prevent access to gender-affirming healthcare has been temporarily blocked by a Texas judge, after much public outcry about how this would affect transgender youths and their families. This is not where our activism stops. Protecting and amplifying trans voices must continue if we are to see a true shift in the tide against homophobic and transphobic legislation.

Continued here:
Balancing the freedoms of speech and protest - The Trinitonian

Now those yard signs are at the center of a Middlesex Superior Court suit filed by the Jacksons against the city of Newton, which currently imposes limits on when and for how long signs with political messages may be displayed.

I feel very strongly about freedom of speech and freedom of expression rights on my private property, Martina Jackson said in an interview. She said the citys ordinance is inherently a violation of freedom of speech and expression.

The city has rescinded the order against the Jacksons, and a city spokeswoman said Monday that officials are working on a new proposed sign ordinance. In January, a city attorney told a group of city councilors that the current regulation is unconstitutional.

Nearly 50 cities and towns in Greater Boston curb when and for how long such signs are allowed on private property, according to a Globe review of local ordinances. Some communities, including Newton and Malden, go further and prohibit obscene language on signs.

Most of the communities refer to political signs in their local laws, while some, including Newton, use the term election signs. Maldens regulations refer to personal expression signs.

Eugene Volokh, the Gary T. Schwartz distinguished professor of law at the University of California Los Angeles School of Law, warned that such regulations violate the First Amendments free speech protections.

If an ordinance says no political signs, or political signs only [within] 30 days of an election, or an ordinance says, no signs with vulgarities, that is unconstitutional, Volokh said in a phone interview.

Justin Silverman, the executive director of the New England First Amendment Coalition, said political speech is at the very top of the spectrum of protection under the Constitution.

Under the First Amendment, they as government officials should not be in a position where theyre deciding what is, or is not, permissible speech, Silverman said.

I feel very strongly about freedom of speech and freedom of expression rights on my private property.

Courts have long upheld peoples right to post signs with political messages on their property. In a 1994 Supreme Court decision, the court struck down as unconstitutional a Missouri communitys rule prohibiting homeowners from displaying many kinds of signs.

The Supreme Courts ruling in a 2015 case this one involving an Arizona communitys sign regulations imposed tight limitations on so-called content-based regulation of speech.

In 2019, a Holyoke regulation that placed restrictions on lawn signs displayed on private property was declared unconstitutional by a federal judge in Boston.

The American Civil Liberties Union of Massachusetts challenged the Holyoke regulation in court, and that same year, released an open letter to cities and towns urging them to scrap similar ordinances.

Ruth Bourquin, the organizations senior and managing attorney, said that even with social media and the Internet, a yard sign with a political message remains an important way to communicate.

Expressing ones views from ones own home is one of the most fundamental ways people can express their views on political and social matters, Bourquin said in an interview.

In 2015, the town of Concord ordered a local family to remove a Black Lives Matter sign they posted on a strip of town-owned land in front of their home. Concord had a regulation that controlled the display of political signs on town-owned land. Following widespread public criticism, Town Meeting removed the rule the following year.

In a recent Globe interview, Johnny Cole said his family has continued to display a Black Lives Matter sign in front of their Concord home.

Putting a sign up like that is a way to say, We are going to put our values out in front, so that people know where we stand, Cole said.

Not everyone believes cities and towns have no role in determining what is acceptable speech in public spaces.

Malden Mayor Gary J. Christenson defended his citys regulations for personal expression signs, which may not be displayed longer than 60 days per year. Malden also prohibits signs with obscene or pornographic subjects and the city itself determines what is allowed, according to its regulations.

The city aims to protect the rights of all residents, including parents who dont want to expose their children to some language, according to Christenson.

With his response to the Globe, Christenson included a photograph of a sign displayed outside a Malden residence that criticized President Biden along with a series of expletives.

There are certain words which are inarguably obscene, Christenson said. Personal expression is not regulated, obscenities are.

In Winthrop, Terence Delehanty, who serves as police chief and acting town manager, said the town suspended enforcement of its sign regulations due to free speech concerns.

I think the First Amendment is the most important amendment and it should be saved and it should be preserved. People who dont stand up for it are going to lose it.

Joe Casieri, a Plymouth resident ordered by the town to remove his signs criticizing President Biden.

Plymouth is now working to eliminate its political sign regulations, after the states ACLU branch interceded last year in a case where the town ordered resident Joe Casieri to remove signs critical of Biden. The towns rules at the time limited when signs could be displayed, and prohibited insulting language in public areas.

Casieri, in an interview, said that after the town ordered the signs removed, he contacted his attorneys and the local ACLU. The organization, in an open letter, called on the town to repeal those regulations.

Residents have a constitutional right to post signs on their own property expressing their political views, according to the letter.

Plymouths Town Meeting is expected to vote on changes to its sign ordinance in April, according to Lee Hartmann, the acting town manager. Plymouth dropped its prohibition against insulting language last fall.

Casieri said he currently displays a sign that criticizes Biden outside his home.

I think the First Amendment is the most important amendment and it should be saved and it should be preserved, Casieri said. People who dont stand up for it are going to lose it.

In Newton, Jackson said she kept her yard signs up to reflect the work it took to achieve campaign victories in 2020, particularly Bidens presidential win.

Democracy is absolutely crucial and worth fighting for, and that sign seemed, to us, such a validation of our beliefs and our efforts, Jackson said.

The citys ordinance regarding election signs allows people to display them no sooner than 45 days before an election, and they must be removed within a week after the vote.

Newtons election sign regulation including the time restriction was included in the citys Candidate Guide for its 2021 municipal election.

Yes, election signs are authorized in residential districts, however they are strictly regulated, the guide said.

The municipal law community has understood there are First Amendment issues regarding election sign ordinances, Maura OKeefe, then a Newton assistant city solicitor, told city councilors in a January meeting.

The 2015 Supreme Court decision supported the Newton Law Departments contention that the citys sign ordinance was indeed unconstitutional, OKeefe said. The city attempted to replace the ordinance in 2018, but the measure was never adopted.

Jackson said she and her husband were ordered to remove their signs twice under the ordinance in 2021, after the city received a written complaint. They received a verbal order May 6 from a city official who visited their home, and a written notice of violation dated June 28 that ordered removal of the signs.

The couple moved to defend themselves on free speech grounds, but the city abruptly changed course. The removal order was rescinded Aug. 6, according to the city, but Jackson said the city didnt clear them of violating the ordinance. And when the city zoning board declined to hear their appeal in September, it did not address the First Amendment issues.

Peter Harrington, an attorney representing the couple, told the board: The Jacksons have the right to have their name cleared.

The Jacksons complaint, which was filed in November, asks the court to require Newtons zoning board to hear their appeal. Meanwhile, their signs remain in place outside their home.

Newtons Planning Department, in consultation with the Law Department, is working on a new proposed sign ordinance to be docketed as its own zoning amendment, according to Ellen Ishkanian, a city spokeswoman.

The City is only aware of one enforcement effort of the election sign ordinance since the 2015 Reed decision, which was subsequently rescinded, Ishkanian said in a statement.

On a recent weekday morning, yard signs were visible outside several homes in Newton. Some signs backed Black Lives Matter, others had messages of support for firefighters and law enforcement officers.

Silverman, with the First Amendment Coalition, said that generally, governments shouldnt be setting the rules for free speech.

If there is a bedrock principle to the First Amendment, its that government should not be determining for us what is offensive, what is vulgar, and what speech should not be said, Silverman said.

John Hilliard can be reached at john.hilliard@globe.com.

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A Newton couple were ordered to remove their political yard signs. Now they want their names cleared. - The Boston Globe

We have been discussing Russian artistsandathletes blackballed for failing to publicly denounce Putin of his invasion of Russia. Despite the support that most of us have expressed for Ukraine against this unprovoked and savage attack, there is a danger that we are losing a war at home against free speech. The Russian invasion has added new allies in a growing anti-free-speech movement to censor and blackball dissenting voices. The latest such controversy involves Sergey Karjakin, a Russian grandmaster who supports the Russian invasion. He has been banned from competitions forsix months by the International Chess Federation (FIDE). He has been banned due to the unpopularity of his political views an act that should be denounced by anyone who values free speech.

It is important to note that Karjakin is not being banned as a Russian competitor. Various organizations have cut off Russian athletes from representing the country or doing so under the Russian flag in light of the invasion.

Rather, Karjakin is being barred due to his public statements.

Karjakin has an interesting profile because he has represented both Ukraine and Russia in international competitions. He was born in Crimea and represented Ukraine in three Chess Olympiads and Russia for five of the events.

Karjakin considers himself Russian and views supporting the war a patriotic duty. He tweeted:

Many people ask if I regret my public support of the special operation? After all, I have already lost invitations to Western tournaments and may lose an invitation to the candidates tournament. My answer is simple. I am on the side of Russia and my President. No matter what happens, I will support my country in any situation without thinking for a second!

His my country, right or wrong approach led to a furious outcry and the FIDE ban. The organization cited its Code of Ethics and particularly Article 2.2.10 as the basis for the punitive action. That rule is a nightmare of ambiguity for those concerned about free speech and corporate censorship:

In addition, disciplinary action in accordance with this Code of Ethics will be taken in cases of occurrences which cause the game of chess, FIDE or its federations to appear in an unjustifiable unfavorable light and in this way damage its reputation.

Lets break that down: any case of occurrence (whatever that means) that causes (however that is defined) unjustifiable unfavorable light (whatever that constitutes) to FIDE reputation (whatever that is). It could have been simplified by saying that we reserve the right to bar anyone who says anything we do not like.

In this case, FIDE declared that

EDC First Instance Chamber, formed by Yolander Persaud (Guyana), Ravindra Dongre (India), and Johan Sigeman (Sweden) as Chairperson,unanimously decided as follows:

The statements by Sergey Karjakin on the ongoing military conflict in Ukraine has led to a considerable number of reactions on social media and elsewhere, to a large extent negative towards the opinions expressed by Sergey Karjakin

A necessary condition for the establishment of guilt is that the statements have reached the public domain. This concept, with respect to disrepute clauses in sport, is not the world at large but the sport in which the accused engages, such as chess. Information concerning the accuseds conduct which is not published in the media, but which can be learnt without a great deal of labour by persons engaged in the chess world or a relevant part of it, will be in the public domain and satisfy the public exposure element. The EDC Chamber is comfortably satisfied that this condition is fulfilled in this case.

The EDC Chamber finds, against the background given above, on the standard of comfortable satisfaction that the statements of Sergey Karjakin, which, by his own choice and presentation, can be connected to the game of chess, damage the reputation of the game of chess and/or FIDE. The likelihood that these statements will damage the reputation of Sergey Karjakin personally is also considerable.

It is particularly chilling that Karjakin is sanctioned because his opposing viewed reached the public domain. There is another word for that: free speech.

The board opted not to punish Sergei Shipov, another Russian grandmaster who posted public statements of support for the invasion. The distinction only magnifies the arbitrary elements in this action:

In comparison with Sergey Karjakin, Sergei Shipov is considerably less known and has, therefore, a less powerful platform. The statements made by Sergei Shipov are also of a slightly different and less provocative character than the ones made by Karjakin. In an overall evaluation of the potential negative impact on the game of chess and/or FIDE, the EDC Chamber is not sufficiently convinced that Sergei Shipovs statements qualify as a breach of article 2.2.10.

So both grandmasters publicly spoke in favor of the invasion but FIDE found that Shipov was less provocative in his public comments despite holding the same opinion.

FIDE is joining companies and groups that claim to be fighting tyranny by punishing those who exercise their freedom of speech. It is perfectly Putinesque.

Wartime is often the most dangerous time for free speech. The desire to silence others rests like a dormant virus in any society. People prone to censorship find license in such times. Few object in such times. After all, no one wants to be accused of being soft on Russia or, worse yet, a traitor. Even the barring of political parties in Ukraine by Zelenskyy has barely attract attention, let alone criticism.

The war in Ukraine is costing humanity greatly with increasing evidence of war crimes and untold suffering. We should not add free speech to the prohibitive costs of this war. This is not about supporting Ukraine. It is about fighting for the freedoms that define a people.

We can do both. We can stand with Ukraine and free speech.

See the rest here:
The War on Free Speech: Chess Federation Suspends Grandmaster for Supporting the Russian Invasion - Jonathan Turley

During a time of war in Europe and deep political divisions in the United States, there are calls for individuals, organizations and governments to suppress speech that makes others uncomfortable, speech that is hateful, or that is considered untrue, such as fake news.

Arguments for free speech in the United States tend to begin and end with First and Fourteenth Amendments. The First Amendment prohibited federal government restrictions on speech: Congress shall make no law abridging the freedom of speech, or of the press. The Fourteenth Amendment (1868) extended these prohibitions to state governments.

These amendments generally do not apply to nongovernmental organizations such as universities, media, firms, clubs or nonprofit groups, and often these organizations will attempt to restrict or punish the speech of their employees, customers or outside individuals. Probably the most common justifications for such private censorship are that these groups perceive certain statements to be false, damaging to an organizations functioning, or injurious to its reputation. But while censorship might be perceived to provide short-term advantages, there can be substantial long-term costs.

One argument against censorship by private organizations is that current beliefs of truth and falsehood could be wrong. As John Stuart Mill argued in On Liberty (1859), if a censored opinion is right, speech restrictions deny the chance for exchanging error for truth. All censorship is an arrogant assumption of infallibility. As a recent example, if a person or organization stated two years ago that the COVID-19 virus escaped from a lab in Wuhan, China, the remark was dismissed as a conspiracy theory, xenophobic and racist. People who expressed this view faced social censure and, in some cases, threats to their employment. Now, the Wuhan lab origin of COVID-19 is considered plausible. Had opposing views not been suppressed, might we have discovered the truth about this critical issue more rapidly?

But what if the opposing view is clearly false; should such speech still be tolerated? If you rarely hear opposing views, you become less able to explain and defend views that you think are true. It is by countering false arguments with data, analysis and rhetoric that we build a strong foundation for what is true. But rarely hearing an opposing view makes one tend to become lazy or careless in thinking. Our societys widespread tendency to respond with insults to views with which we disagree is a sign of this intellectual laziness.

But even if there are arguments for allowing false speech, should society allow hate speech? Or public speech that encourages violence towards members of a group based on race, religion, national origin, sexual orientation or some other characteristic? Hate speech is a form of group libel.

As Jacob Mchangama notes in Free Speech: A History From Socrates to Social Media, there is a long history of group libel laws laws against hate speech in the United States. Prior to the Civil War, many southern states passed laws banning publications and speeches that called for the abolition of slavery on the grounds that such incendiary speech insulted white Americans of the South and increased their fear of violent slave uprisings. After the war, similar group libel laws were used to suppress speeches and publications advocating for equal rights for Black Americans.

Except for the United States, most nations today, whether democratic, authoritarian or totalitarian, have group libel laws to suppress hate speech. Should the U.S. join this almost universal consensus that hate speech should be banned? In the 1930s and 1940s, the American Civil Liberties Union (ACLU) and Eleanor Roosevelt, who played a major part in writing the Universal Declaration of Human Rights, argued in favor of preserving this aspect of American exceptionalism almost unlimited free speech. They made two arguments:

First, if a particular group supports some hate speech laws but opposes others, it will be seen as hypocritical and its ability to overturn unfavorable laws will be compromised. The ACLU argued in 1934 that by defending the right of the racist Ku Klux Klan to speak, it would become almost impossible to legally curtail speech and writings that sought equal rights for minorities. One of the key lessons of the history of liberty is that the best way to protect your rights is to defend the same rights of others.

Second, as Roosevelt noted, laws against hate speech are almost invariably perverted to protect the powerful from being discomforted by the speech of the powerless. Elites will insist on laws preventing insults to themselves and groups they favor, while withholding such protections for groups they do not favor. Examples are numerous. In Finland, a former interior minister recently went on trial for hate speech for comments that included quoting a Bible text. And authoritarian governments are particularly enthusiastic to embrace laws against hate speech. In Russia, criticizing the government can be punished as hate speech for insulting the Russian people.

Individuals, organizations, societies and governments benefit from allowing, and openly refuting, false speech. Unless a speech calls for immediate physical violence, laws banning hate speech are weapons that tend to cause greater harm to the users than to the targets. Despite current external and internal disputes, the United States should continue its radical, 233-year-old experiment in ever expanding the limits of free speech.

Frank R. Gunter, Ph.D., is a professor of economics at Lehigh University and retired U.S. Marine colonel. The views expressed here are his alone and do not necessarily reflect those of the university or its College of Business.

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False speech: What is it good for? | TheHill - The Hill

The internet lost its mind yesterday when an op-ed by former FIRE intern Emma Camp appeared in The New York Times calling on colleges and universities to redouble their efforts to cultivate intellectual freedom in the classroom.

Even as a liberal who has attended abortion rights protests and written about standing up to racism, I sometimes feel afraid to fully speak my mind, Camp wrote, suggesting the feeling is widely shared among her fellow students.

To help prove her point, Camp pointed to data from the College Free Speech Rankings, a survey conducted by FIRE in partnership with College Pulse and RealClearEducation. The survey found that 83% of college students find it necessary to self-censor on campus at least some of the time, and 21% say they do so often. Many students, regardless of their race, ethnicity, or sexuality, also find it difficult to have open and honest conversations about topics related to race, sexual assault, transgender issues, and abortion.

As far as arguments go, Camps was fairly typical among newspaper columnists: Introduce a problem through personal experience, tie it together with data that shows the problem is more widespread, and conclude by offering a reasonable solution. Camp is a skilled writer and thinker, and FIRE is proud to call her one of our alumni. Her proposed solution is indeed reasonable: Colleges should have speech-protective policies in place that foster free expression on campus. FIREs been saying the same thing for the last 23 years.

To refute Emmas argument, critics falsely claimed speech suppression on college campuses isnt a real problem, and that the College Free Speech Rankings is not a valid study. Domestic correspondent for The New York Times Magazine and 1619 Project cofounder Nikole Hannah-Jones (whose rights FIRE defended back in 2021) tweeted a screenshot of Emmas reference to the Free Speech Rankings and wrote, Many of these articles/columns [cite] the same study but its never been clear to me which type of students are self-censoring and which views.

In fact, all of our data are available for free online, and the raw datafile is also available for free by request. We even provided a built-in tool to analyze the data online and zero in on the exact questions Hannah-Jones is asking. For instance, the tables below provide the crosstabs for race/ethnicity and sexuality with our self-censorship question:

According to the survey, one in five Black students report self-censoring fairly or very often, as do almost one in five Hispanic (18%) and Asian (17%) students. These percentages are higher for multiracial students (22%), American Indian students (25%), and students who identified their race/ethnicity as Something else (32%). When it came to sexuality, students identifying as heterosexual/straight or as something else self-censored most often.

When FIRE teamed up with College Pulse in 2019 to design the most ambitious campus free speech survey ever attempted surveying nearly 20,000 students attending 55 colleges, including demographic data on students age, race, gender, sexuality, and political orientation we hoped collecting data would add more depth to our understanding of how students experience free expression culture on their campuses.

In other words, the data are there. The data are reliable.

The next year, we expanded the survey to include more than 37,000 students at 159 institutions. Far from being an unreliable source of information, FIREs College Free Speech Rankings is the most comprehensive quantitative source of information on this issue.

Most of the criticisms we saw online are not substantive by any stretch of the imagination, and failed to offer any substantial methodological critiques of the survey questions or about how College Pulse sampled the students and weighted the data. If the critics of our survey do not understand the methodology, they need only to look at the actual survey to find answers, and we are more than happy to answer questions regarding methodology. The charge that the survey is bogus seems like a superficial gripe from those who just dont like the results or havent taken the time to dig into them.

FIRE is a nonprofit, nonpartisan organization committed to defending individual liberties and freedom of speech on college campuses. We dont just protect speech from the right. We dont just protect speech from the left. We defend protected speech, period.

That includes attempts by College Republicans and Turning Point USA to host former Vice President Mike Pence and conservative journalist Andy Ngo for on-campus speaking events. It also includes speech from socialists, professors advocating for the removal of Confederate statues, and marijuana legalization advocates. Critics who claim we only take up for one side of the partisan divide just dont know FIRE. We have promoted former President Obamas liberal take on campus free speech, fought against a slew of divisive concepts bills which limit discussions on race and sex in college classrooms, and argued on behalf of Hannah-Jones herself when her bid for tenure at University of North Carolina at Chapel Hill was disrupted by influential donors. Because of this incident, she is included in our Scholars Under Fire database, and we included UNC Chapel Hill among our 2022 Ten Worst Colleges for Free Speech.

We couldnt help but notice that a lot of critics of Emmas op-ed didnt seem to pay any attention to the lawsuit we filed in Texas today on behalf of Michael Phillips, a history professor fired for talking about the history of racism in Dallas. But well keep doing the work, whether Twitter notices or not.

Given Hannah-Jones standing and influence, we feel her criticisms merit special attention. In addition to the question above, she also asked, How do we know racial minorities or LGBTQ students or progressives are not included in this number? Truth is, we dont.

But thats simply not accurate. The 2021 dataset is publicly available and includes the demographic information in question. We have data from over 12,000 students who identify as Black, Hispanic/Latino, Asian, or multiracial (Note: All survey data discussed for race/ethnicity are weighted by demographic information obtained from the 2017 Current Population Survey, the 2016 National Postsecondary Student Aid Study, and the 2018-19 Integrated Postsecondary Education Data System). We also sampled over 9,000 students who identified as bisexual, gay or lesbian, pansexual, queer, or questioning, and almost half of the students surveyed (45%) identified as very or somewhat liberal.

So, truth is, we do know: The data comes from a good number of racial minorities, LGBTQ students, and students somewhat or very left of center and the surveys report also contains analysis of data submitted by students who identified as nonbinary (1,318 responses).

In other words, the data are there. The data are reliable. We encourage Hannah-Jones and everyone else on Twitter to see for themselves.

Furthermore, findings from the College Free Speech Rankings are largely consistent with other survey data on college students. The Knight Foundations annual survey found that 63% of students believe their campus climate deters free expression, up from 54% in 2015 when the question was first asked. Additionally, for three years running, Heterodox Academy has published its Campus Expression Survey, which found that 60% of college students expressed reluctance to discuss controversial topics on campus. (Note: FIRE Senior Research Fellow Sean Stevens co-designed the original version of the Heterodox survey)

FIRE defends the rights of students and faculty members no matter their views.

That being said, sometimes raw numbers obscure the personal experiences of individual students on campus, which is why, as part of the College Free Speech Rankings report, FIRE collected written responses from students who indicated they had self-censored. Thats useful qualitative data, too and what we learned may surprise some Twitter critics. For example, one student at Arizona State University wrote, I am scared to be openly transgender or anti-police/progressive in general due to how violent some people can be and the fact that ASU tends to protect harassment and conservativism.

Another student at Barnard College wrote, In a class discussion after a controversial racist incident involving a black student and public safety officers, I wanted to express that I didnt think the actions of the officers were entirely unjustified. I felt like I couldnt say this because everyone around me was saying how racist it was (even though none of these students were black but I was). And then theres the student at the University of Virginia who wrote, As a person of color at a university that is predominantly white and has a culture around the rich, white lifestyle, it can be hard to express opinions that call out those attitudes. As FIRE knows from years of experience, the defense of free speech is important for everyone.

FIRE defends the rights of students and faculty members no matter their views at public and private universities and colleges. When students dont feel comfortable expressing themselves, we take notice. And if there is one resounding conclusion from the College Free Speech Rankings and other surveys, its that Emma Camp is right: Self-censorship is a pervasive and worsening problem on college campuses. Were going to keep working to protect free speech rights nationwide. We invite our critics to join us.

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Critics of FIRE's Free Speech Rankings get it wrong again. - Foundation for Individual Rights in Education

The World Day Against Cyber Censorship, also known as the international day of freedom of expression on the internet, began to be marked in 2008 by Reporters Without Borders along with Amnesty International.

World Day Against Cyber Censorship is observed every year on 12 March to highlight the importance of free speech and expression on the internet. The day also highlights how governments all over the world are stifling free speech online.

The World Day Against Cyber Censorship, also known as the international day of freedom of expression on the internet, began to be marked in 2008 by Reporters Without Borders along with Amnesty International.

The organisations have called for free speech on the internet over the years. They also aim to highlight all forms of cyber censorship that are preventing the spread of information on the World Wide Web.

While many people argue that free speech can and does include misinformation, propaganda and censorship, the internet remains a space for ordinary citizens to make their voice heard and bring about transformation in society.

Several users, while supportive of freedom of speech and expression, may fall prey to propaganda and fake news on the World Wide Web. This World Day Against Cyber Censorship, here are some points to keep in mind while browsing the internet so that you do not fall prey to any misinformation or censored posts by entities or governments:

Dont rely on social media as the sole source of information: Always crosscheck news or information which is being circulated on social media platforms like Facebook and Twitter. Do not share these posts or pictures without verifying their authenticity.

Always report fake or provocative content: Always report violent or demeaning video clips, images, memes to the platforms they were posted on.

Use a VPN: Hide your digital footprint by using a Virtual Private Network or VPN. VPNs can help add an extra layer of security and privacy to your digital network. They can also help be a source of protection from government surveillance in countries which censor the internet such as China.

Read all the Latest News, Trending News, Cricket News, Bollywood News, India News and Entertainment News here. Follow us on Facebook, Twitter and Instagram.

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World Day Against Cyber Censorship: Here are some points to keep in mind when using internet - Firstpost

From Hiers v. Board of Regents, released today by Judge Sean Jordan (N.D. Tex.):

Writing for himself and Justice Brandeis nearly a century ago, Justice Oliver Wendell Holmes extolled what he viewed as a foundational tenet of freedom of expression in our country: "[I]f there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thoughtnot free thought for those who agree with us but freedom for the thought that we hate." Since that time, the Supreme Court has consistently recognized that the Founders "believed that freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth."

This case implicates these bedrock constitutional principles protecting freedom of thought and expression. The setting is a public university, the University of North Texas ("UNT"), and the speaker is [an untenured] mathematics [adjunct] professor at that university, and a public employee, Nathaniel Hiers. Amidst a slew of constitutional claims asserted by Hiers following his departure from UNT, a single question is paramount: What can a public employee say, and what can he choose not to say, without fear of reprisal from his employer?

On November 26, 2019the same day that Hiers [a nontenured, adjunct professor,] stated his desire to teach a second class in the springthe incident forming the basis of this lawsuit occurred. An anonymous person had placed in the mathematics faculty lounge a stack of flyers, each of which warned faculty against committing "microaggressions" on college campuses. The flyer defines microaggressions and provides examples of statements characterized as microaggressions that it suggests faculty should avoid using in the workplace. For instance, statements such as "I believe the most qualified person should get the job" and "America is the land of opportunity" are cited as microaggressions promoting the "[m]yth of [m]eritocracy."

Upon seeing these flyers, Hiersin what all parties agree was intended as a jokepicked up a stick of chalk, drew an arrow pointing to one of the flyers, and wrote the following message on a nearby chalkboard: "Please don't leave garbage lying around."

Hiers' contract was not renewed as a result of this; his department chair, Ralf Schmidt, explained the decision this way:

Dear Nathaniel,

My decision not to continue your employment in the spring semester was based on your actions in the grad lounge on 11/26, and your subsequent response.

In our conversation you characterized the flyers that upset you as political statements. I looked at them in detail, and they are anything but. Every example of a microaggression listed there makes very much sense, and I am disappointed about your general dismissal of these issues and that you failed to put yourself in the shoes of people who are affected by such comments.

I also think that leaving behind a chalkboard message like you did is not a benign thing to do. Think about how people who see this might react. They don't know who wrote this; it might be a faculty member, grad student or anyone else. The implicit message is, "Don't you dare bringing [sic] up nonsense like microaggressions, or else." This is upsetting, and can even be perceived as threatening.

Finally, I was disappointed at your response during our conversation. Everyone makes mistakes, and I'm all for forgiveness if actions are followed by honest regret. But you very much defended your actions, and stated clearly that you are not interested in any kind of diversity training.

In my opinion, your actions and response are not compatible with the values of this department. So with regret I see no other choice than to not renew your employment. Please know it gives me no pleasure; in fact, we were counting on you, and it causes considerable difficulties to replace you as a teacher.

The court concluded that Hiers' First Amendment retaliation claim could go forward:

Public employees do not surrender all First Amendment rights because of their employment. [W]hen citizens enter government service, they necessarily accept certain limits on their freedom of speech. But if employee expression [that is not part of the employee's official duties] touches on a matter of public concern, the First Amendment prohibits the government from taking an adverse employment action against the employee for such expression without sufficient justification.

It is undisputed that Hiers suffered an adverse employment decisionterminationand his speech motivated the university officials' termination decision. That leaves two questions: First, was Hiers speaking on a matter of public concern? And if so, was Hiers's interest in doing so greater than the university's interest in promoting the efficiency of the public services it provides through its employees? The university officials do not address the second question, so the Court will focus its analysis on whether Hiers's speech touched on a matter of public concern.

Personal complaints and grievances about conditions of employment are not matters of public concern. Rather, speech addresses a matter of public concern when it relates "to any matter of political, social, or other concern to the community." The lynchpin of the inquiry, then, is the extent to which the speech advances an idea that transcends personal interest or conveys a message that impacts our social or political lives.

Here, Hiers's critique of the flyer on microaggressions transcended personal interest and touched on a topic that impacts citizens' social and political lives. His speech did not address a personal complaint or grievance about his employment. The point of his speech was to convey a message about the concept of microaggressions, a hot button issue related to the ongoing struggle over the social control of language in our nation and, particularly, in higher education.

True, Hiers's chalkboard message did not illuminate his reasons for disagreeing with the flyer. Hiers did not, for example, articulate his belief that "many of the statements that the fl[y]er condemns as 'microaggressions' can (and should) be interpreted in a benign or positive manner" and that "the fl[y]ers teach people to focus on the worse possible interpretation of the statement, to disregard the speaker's intent, and to impute a discriminatory motive to others." Had he done so, there would be little doubtif anythat his speech would be constitutionally protected. But taken in context, the result is the same: Hiers's speech reflected his protest of a topic (microaggressions) born from the present-day political correctness movement that has become an issue of contentious cultural debate.

The flyer itself, which Hiers effectively incorporated by reference into his message, supplies important content and context. It broadly defines microaggressions as "everyday verbal, nonverbal, and environmental slights, snubs, or insults, whether intentional or unintentional, which communicate hostile, derogatory, or negative messages to target persons based solely upon their marginalized group membership." A microaggression, in other words, can be composed of non-threatening speech, deployed unintentionally, or the result of unconscious stereotypes or bias. The flyer contains examples of purported microaggressions that peoplein particular, university faculty membersshould avoid in the name of reducing the harm to marginalized groups. Statements such as "I believe the most qualified person should get the job" and "America is the land of opportunity" are cited as microaggressions promoting the "[m]yth of [m]eritocracy." And the phrase "America is a melting pot" is listed as a microaggression because of its "[c]olor [b]lindness."

Hiers responded by criticizing the concept of microaggressions promoted by the flyer. That he did so by jokingly referring to the flyer as "garbage" does not deprive his speech of the First Amendment's protection. See Rankin v. McPherson (1987) (holding that a hyperbole about assassinating the President during a conversation about the President's policies addressed a matter of public concern). After all, humor and satire are time-tested methods of commenting on a matter of political or social concern. And while Hiers's chalkboard message was not detailed or well-reasoned, it unequivocally advanced his viewpoint on microaggressions. In Hiers's words, the concept of microaggressions described by the flyer, is "garbage." See Snyder v. Phelps (2011) ("While these messages may fall short of refined social or political commentary, the issues they highlight are matters of public import [and t]he signs certainly convey [the speaker's] position on those issues[.]").

Arguing that Hiers's speech did not relate to a matter of public concern, the university officials characterize his message as "uncivil" and attempt to draw parallels between this case and those involving the use of profanity or sexually explicit comments in the classroom. [But p]utting aside whatever one might think about his viewpoint, an objective reader would understand Hiers's criticism of microaggressions as a criticism concerning a hotly contested cultural issue in this country. Moreover, Hiers's method of communicating his criticism did not involve the kind of features that would place it outside the First Amendment's ordinary protection. For example, Hiers's message, while perhaps rude or even offensive, did not amount to "fighting words." Nor was Hiers's speech obscene as that term is understood. Rather, Hiers expressed the kind of pure speech to which the First Amendment provides strong protection.

The First Amendment protects "even hurtful speech on public issues to ensure that we do not stifle public debate." So while Schmidt, the other university officials, and some UNT professors may have taken great offense at Hiers's chalkboard message, that offensiveness is "irrelevant to the question whether it deals with a matter of public concern." To be sure, nothing that Hiers said could be more disturbing than a law-enforcement employee's expressed desire to see violence inflicted on the President of the United States. See Rankin (holding that such speech was constitutionally protected).

The university officials' reliance on Martin v. Parrish (5th Cir. 1986), only serves to underscore the flaws in their argument. In Martin, a university professor was terminated for telling his students while teaching that their attitude was "a bunch of bullshit" and that "if you don't like the way I teach this God damn course there is the door," among other profane phrases. Concluding that these "epithets did not address a matter of public concern," the Fifth Circuit explained that "surroundings and context are essential" when determining whether constitutional protection is afforded to indecent language. Taken in context, the court reasoned, the professor's profanity "constituted a deliberate, superfluous attack on a captive [student] audience with no academic purpose or justification."

Hiers's speech is meaningfully different from that in Martin in terms of both content and context. As to content, Hiers used no profane or vulgar language. When the Fifth Circuit said that schools could punish "lewd, indecent or offensive speech," it did not mean to include all speech that someone somewhere might find subjectively offensive. Otherwise, government restrictions would encompass nearly all forms of speech, and the First Amendment would be rendered a nullity in the public-employment context. And as to context, which is "essential," Hiers's speech did not take place in a classroom or in front of a captive audience of students. He spoke to his colleagues and supervisors in the faculty lounge, where professors regularly talk about political and social issues with one another, "and often with a heavy dose of banter." Put simply, Martin holds no sway here.

The same is true of Buchanan v. Alexander (5th Cir. 2019). There, the Fifth Circuit determined that the use of profanity and sexually explicit discussions about professors' and students' sex lives were not related to the education of college students training to be preschool and grade school teachers and did not touch on a matter of public concern. That's because, "in the college classroom context, speech that does not serve an academic purpose is not of public concern." Again, Hiers did not use profanity, speak about professors' or students' personal lives, or speak in the classroom context. So once more, the university officials are comparing apples to oranges.

Switching gears, the university officials point out that it's unclear from the complaint whether there was widespread debate on microaggressions at UNT when Hiers spoke on the subject. That may be true, but it doesn't change the outcome here. Hiers's speech directly addressed a newsworthy social and cultural issue that continues to be an important and sensitive topic in public discourse, especially as it relates to colleges and universities across the country. In recent years, the concept of microaggressions has been vigorously debated by scholars, as well as the subject of congressional testimony. To suggest that speech on such a matter is not of public concern is to deny reality.

Together with content and context, the form of Hiers's criticism of microaggressions also weighs in his favorthough only slightly. Hiers's speech was not made in public or visible to everyone in the larger university community. But neither was it made in private. Similar to the intra-office questionnaire in Connick v. Myers (1983), Hiers's criticism of microaggressions was displayed on a communal chalkboard in a space open to faculty, administrators, and possibly even doctoral graduate students. What's more, Hiers alleges that UNT professors regularly discussed all manner of topics, including political and social issues, in the faculty lounge. [T]he chalkboard appears to have served as a sort of bulletin board for the UNT mathematics department. Thus, although Hiers did not sign his name to the chalkboard message, his speech could have triggered a more robust intra-office debate on the topic of microaggressions. After all, Hiers was responding to someone else's anonymous speech when he criticized the flyer, and his anonymity did not last long. Under these circumstances, the form factor weighs slightly in favor of finding that Hiers's speech touched on a matter of public concern. In sum, the Court concludes that the content, context, and form of Hiers's chalkboard message, as revealed by the whole record, show that his speech touched on a matter of public concern.

Having determined that Hiers spoke on a matter of public concern, the next step for the Court is to balance his interest in speaking against "the interest of the State, as an employer, in promoting the efficiency of the public services it performs through its employees."

In balancing these interests, courts consider "whether the statement impairs discipline by superiors or harmony among co-workers, has a detrimental impact on close working relationships for which personal loyalty and confidence are necessary, or impedes the performance of the speaker's duties or interferes with the regular operation of the enterprise." It is unnecessary "for an employer to allow events to unfold to the extent that the disruption of the office and the destruction of working relationships is manifest before taking action." But there must be some "reasonable predictions" or "danger" of disruption.

Here, the university officials have not addressed the Pickering balancing test, effectively conceding the point at this early stage. They have not asserted any interest in restricting the speech at issuelet alone argued that any such interest outweighs Hiers's interest in speaking. [B]ecause one side of the scale sits empty, the Pickering balance strongly favors Hiers. The Court thus concludes that Hiers plausibly alleged that his interest in speaking on the topic of microaggressions outweighed UNT's interestswhatever those might bein restricting his speech. Hiers's retaliation claim passes step two of the Pickering balance.

"Preserving the 'freedom to think as you will and to speak as you think' is both an inherent good, and an abiding goal of our democracy." The university officials allegedly flouted that core principle of the First Amendment when they discontinued Hiers's employment because of his speech. Accepting the allegations as true, the Court concludes that Hiers plausibly alleged that the university officials violated his right to freedom of speech.

The court also concluded that, to the extent the decision not to rehire Hiers was motivated by his refusal to apologize, that violated Hiers' right not to be compelled to speak:

Hiers alleges that the university officials pressured him to apologize for expressing his views on microaggressions. Based on the complaint and its attachments, particularly Schmidt's email detailing the reasons for Hiers's termination, it is not clear what this apology would have entailed. On the one hand, Hiers may have been pressured to apologize for the way he delivered his messageattacking a colleague's belief in a flippant mannerrather than for the viewpoint he expressed.

But Hiers's allegations, on the other hand, also give rise to a plausible inference that this apology would have involved him recanting his contrary beliefs about microaggressions. After all, Hiers alleges that the university officials terminated him not only because he refused to apologize for his speech but also because he declined to attend additional diversity training. Taking these allegations as true and viewing them in the light most favorable to Hiers, it is plausible that the university officials unconstitutionally punished Hiers for refusing to affirm a viewthe concept of microaggressionswith which he disagrees. "If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein." [And] Hiers has plausibly alleged that the university officials discontinued his employmentthat is, punished himbecause he did not express honest regret about his views and speech on microaggressions.

[A]ccording to the complaint, Schmidt pressured [Hiers] to apologize for expressing his views on microaggressions. The university officials then terminated Hiers's employment, according to the complaint, because he stood by his criticism of microaggressions, did not apologize for his message, and declined to participate in extra diversity training. These allegationsagain, taken as true and viewed in the light most favorable to Hierssupport a plausible inference of compulsion.

Finally, the university officials argue that Hiers "was never required to publicly announce his support for the concept of microaggressions or to otherwise publicly apologize for his conduct." But they cite no authority, and the Court has found none, indicating that it matters whether the government seeks to compel speech in public or in private. To the contrary, precedent establishes that the government violates the First Amendment when it tries to compel public employees to affirm beliefs with which they disagree. Period.

Read more from the original source:
University Adjunct Prof Fired for Labeling Flyers About "Microaggressions" as "Garbage" - Reason