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."
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.
- Facebook and Zuckerberg keep getting freedom of expression wrong - The Next Web - January 21st, 2020
- Sheffield Arena urged to cancel event by 'homophobic' Trump ally - The Guardian - January 21st, 2020
- Ninth Circuit Affirms Anti-Libel Injunction, Rejects Overbroad Portion - Reason - January 21st, 2020
- What we still havent learned from Gamergate - Vox.com - January 21st, 2020
- Montclair State Univ. Sued for 'Unconstitutional' Speech Policy and Favoring One Student Group Over Another Based on Their Beliefs - CBN News - January 21st, 2020
- POV: Trump's Executive Order Aimed at Protecting Jews Will Have a Chilling Effect on Freedom of Speech at Colleges - BU Today - December 21st, 2019
- 92% of Americans think their basic rights are being threatened, new poll shows - USA TODAY - December 21st, 2019
- Trump's Executive Order Targets Federal Funding to Universities in Suppression of Speech on Palestinian Rights - International Middle East Media... - December 21st, 2019
- Washington State's Mike Leach responds to Donald Trump impeachment: 'I'm yet to hear what he did wrong' - Sports and Weather Right Now - December 21st, 2019
- Impeachment won't slow the global rise of the radical right but an alternative vision might - Salon - December 21st, 2019
- Over Regulating Intermediaries: Threat To Free Speech? - Inc42 Media - December 15th, 2019
- Charter of Freedom of Speech and Academic Freedom to be adopted - News - The University of Sydney - December 15th, 2019
- Is YouTube Cracking Down on Free Speech With New 'Harassment Policy'? - NewsBusters - December 15th, 2019
- Johnson orders universities to protect freedom of speech - Stock Daily Dish - December 15th, 2019
- Freedom of speech must trump safe spaces in universities, minister says - Stock Daily Dish - December 15th, 2019
- Alberta premier says energy war room will be respectful as it takes on critics - CFJC Today Kamloops - December 15th, 2019
- Amnesty International Canada Questions Freedom of Speech and Assembly - Reason - December 13th, 2019
- Why we need to stop believing freedom of speech is a dangerous thing - Marie Claire UK - December 13th, 2019
- Drawing the Line: When Does Freedom of Speech Go Too Far? - SUNY The New Paltz Oracle - December 13th, 2019
- RTI is Inbuilt within Right to Freedom of Speech and Expression, says Bombay HC - Moneylife - December 13th, 2019
- Opinion: The clear line between hate speech and free speech - DW (English) - November 26th, 2019
- Appleton school board signs off on policy that some say endangers free speech, others see as a constitutional safeguard - Post-Crescent - November 26th, 2019
- What to Be Thankful For | Cato @ Liberty - Cato Institute - November 26th, 2019
- Universities Enabling the Hijacking of Free Speech When Jews are Involved - The Times of Israel - November 26th, 2019
- Documentary Takes Aim At Higher Eds Free Speech Violations - Washington Free Beacon - November 26th, 2019
- Should the First Amendment protect language deemed to be hate speech? - The Vector: NJIT's Student Newspaper - November 26th, 2019
- Fight to protect your freedom of speech - The Saint - November 26th, 2019
- Improv joke reaction: What about free speech? - Mount Airy News - November 26th, 2019
- Trump defends Yovanovitch attack: 'I have freedom of speech' | TheHill - The Hill - November 17th, 2019
- 'Critical Infrastructure' Bill Is a Major Threat to Freedom of Speech - Shepherd Express - November 17th, 2019
- Free speech rights a concern in Wisconsin water resolution - Minneapolis Star Tribune - November 17th, 2019
- Freedom of speech and freedom from lies - Opinion - Cape Cod Times - November 17th, 2019
- Trump: 'I Have Freedom of Speech Just as Other People Do' - MRCTV - November 17th, 2019
- Freedom of speech and its consequences - BCLocalNews - November 17th, 2019
- Free speech in Canada: It was bad five years ago. Do you think it's gotten better since? - National Post - November 17th, 2019
- The American Internet Sucks. The Alternative Is China. - BuzzFeed News - November 17th, 2019
- On free speech, a new era and that blocking thing | Editorial - Chico Enterprise-Record - October 27th, 2019
- Sydney University to consider updating Freedom of Speech Charter - News - The University of Sydney - October 27th, 2019
- SABAG: Promoting Anti-Semitism By Perverting The Freedom Of Speech - The Daily Wire - October 24th, 2019
- Analysis: The Long Arm Of China And Free Speech - NPR - October 11th, 2019
- There are differences between free speech, hate speech and academic freedom and they matter - The Conversation AU - October 11th, 2019
- The Coalition: Where protesting free speech is only a right for the Right - Independent Australia - October 11th, 2019
- Free Speech Moment for Facebook! Platform Allows Trump Ad That CNN Banned - NewsBusters - October 11th, 2019
- Is Free Speech an Absolute Right, or Does Context Matter? - New York Times - August 25th, 2017
- UC Berkeley tries to reclaim its free speech legacy - The Mercury News - August 25th, 2017
- Unlikely Allies Join Fight To Protect Free Speech On The Internet - NPR - August 25th, 2017
- 73% Say Freedom of Speech Worth Dying For - Rasmussen Reports - August 25th, 2017
- Poll: 85 Percent Say Freedom of Speech More Important Than Not ... - Breitbart News - August 25th, 2017
- When 'free speech' becomes a political weapon - Washington Post - August 22nd, 2017
- Alt-Right 'America First' Rallies Move Online After Boston 'Free Speech' Protest Is Overrun - Newsweek - August 22nd, 2017
- A free-speech rally, minus the free speech - The Boston Globe - August 22nd, 2017
- Freedom of speech is for all - The Register-Guard - August 22nd, 2017
- The Fight Over Free Speech Online - The New Yorker - August 22nd, 2017
- Free Speech: The Left Moves In for the Kill - PJ Media - August 22nd, 2017
- Why Even Nazis Deserve Free Speech - POLITICO Magazine - August 20th, 2017
- So, just how guaranteed is your freedom of speech online? - New York Post - August 20th, 2017
- Our View: With freedom of speech comes great responsibility - HollandSentinel.com - August 20th, 2017
- Is hate speech protected by American law? Quartz - Quartz - August 20th, 2017
- Fighting Neo-Nazis and the Future of Free Expression - EFF - August 18th, 2017
- Free Speech and Assembly in Hong Kong - New York Times - August 16th, 2017
- Free speech comes at a price - Spectrum News - August 16th, 2017
- Free speech and White Supremacy at Texas A & M (and elsewhere) - Washington Post - August 16th, 2017
- College Responds To Hosting Panel On Free Speech By Canceling It - The Daily Caller - August 16th, 2017
- Q&A: Experts break down Freedom of Speech, what it means - KCRA Sacramento - August 15th, 2017
- Illinois' abortion notification law harms free speech - Chicago Tribune - August 11th, 2017
- Free-speech rights don't apply in the American workplace, as Google demonstrates - Quartz - August 9th, 2017
- SMU Student Groups: Moving The 9/11 Memorial Restricts Freedom of Speech - Texas Monthly - August 9th, 2017
- The War on Free Speech Turns Further Left - Capital Research Center - Capital Research Center - August 9th, 2017
- Google's Free Speech & Diversity But | National Review - National Review - August 8th, 2017
- Is the Israel Anti-Boycott Act an infringement of free speech? - The Jerusalem Post mobile website - August 6th, 2017
- Anti-BDS Bill Does Much Worse Than Threaten Free Speech The ... - Forward - August 6th, 2017
- Liberals intent on eliminating free speech - New Castle News - August 4th, 2017
- Nick in the AM: National free-speech tempest hits Galesburg college - Peoria Journal Star - August 3rd, 2017
- Direct, indirect attack being made on freedom of speech: Gopalkrishna Gandhi - Economic Times - August 3rd, 2017
- North Carolina Campus Free-Speech Act: First Goldwater-Based Law - National Review - August 1st, 2017
- Letter to the Editor: Johnson County Sheriff's Office protects free speech - The Daily Iowan - July 31st, 2017
- Hassan should support freedom of speech - Seacoastonline.com - July 31st, 2017
- India has failed Taslima Nasreen yet again: Freedom of speech is still a victim as govt, police pass the buck - Firstpost - July 31st, 2017
- Soy milk is at the epicenter of a global free-speech debate - Quartz - July 30th, 2017
- Merkel, Germany, the Media and Free Speech - National Review - July 30th, 2017