**whitser,
I understand your desire to protect free speech , but I suppose you draw the line somewhere?**
i draw the line at the same place the constitution draws it. realize that the entire point of the 1st amendment is so people can redress grievances and have OPEN debate without fear of GOVERNMENT intervention.
"Should there be no restraints on speech in campus whatsoever. Speech which is hateful or harassing to people on the basis of their race or sex should be allowed ?"
absolutely, "hateful" speech should be allowed. as soon as we let the govt. be the arbiter of what is hateful, we give them power to control the content of our speech.
countries like canada, the UK, etc. don't have that right. we do. the remedy for "bad speech" is GOOD speech. it is NOT quelling the ability or the right of the person presenting bad speech to speak his part. that is how our free nation works.
and this only refers to PUBLIC college campuses. private campuses is another issue, although those that accept public moneys and CLAIM to be open to free discourse need to walk the walk.
i suggest a trip to
www.thefire.org for a lot of good caselaw examples.
"Would it be acceptable for school campus to become the breeding grounds for expressions of a narrow-minded adherence to beliefs of particular sects or religions or denominations, such as Christian for instance, based upon on their own moral standards, without any controls? .All in the name of free speech?"
what do you mean by "breeeding grounds". a public campus should not discriminate against people based on their religious beliefs, nor does it punish those who exercise that free speech - WITHIN THE PROPER VENUE. our 1st amendment rests upon the principle that a FREE SOCIETY recognizes the right of CITIZENS to make up their own minds about the validity of ideas. it is not the place of govt. to narrow the field of ideas that one can espouse.
obviously, the 1st amendment protection is not an issue if u stand up in the middle of economics class and start spewing about how much you hate (blacks, white, mexicans, japanese, etc.). that is not the proper venue. nor is standing outside somebody's dorm room. but when it comes to areas that are used for public discourse - e.g. commons areas, and areas for public display - absolutely.
the problem with letting GOVERNMENT be the arbiter of speech content is that it becomes the censor at the barrel of a gun, and many valid ideas fall under the 'harassing' or hateful umbrella to some people.
a perfect example is the college bake sale controversy.
read the link here:
http://www.cnn.com/2003/EDUCATION/09/25/smu.bake.sale.ap/
read a very good viewpoint article about it here
http://www.foxnews.com/story/0,2933,105827,00.html
note also the hypocrisy here (below). it's not "hateful" to have a pay equity bake sale based on leftists perception of pay inequity between women and men, but it is hateful if a bake sale is run by college repubs to protest inequal treatment between the races. amazing:
The College Republicans immediately turned to FIRE for help. On March 8, FIRE wrote NEIU President Salme Steinberg, reminding her that ââ[a]ffirmative action bake salesâ constitute a form of satirical political protest, and therefore enjoy the fullest protection of the First Amendment.â On March 17, NEIU attorney Mark Dunn responded that the university was encouraging the students to explore alternatives to the bake sale protest. Dunn did not address NEIUâs threat to punish the students for their protected expression. FIRE replied to Dunn, insisting that the students be allowed to hold the protest of their choice. FIRE also pointed out that since the NEIU Feminist Majority Leadership Alliance apparently has held a âpay equity bake saleâ protest (in which men are charged more than women for baked goods to protest the âwage gapâ between men and women) on NEIUâs campus, it would be unlawful viewpoint discrimination to forbid the College Republicans from holding a similar protest. NEIUâs second letter to FIRE once again did not address FIREâs concerns
this is CLEARLY the exact type of political speech that the 1st amendment was DESIGNED to protect. notice also the incredible bias of the CNN article (like you'd expect anything different from CNN). the students were NOT protesting affirmative action. they were protesting RACIAL QUOTAS and PREFERENCES which is often, but is not necessarily - found in some Affirmative Action programs. i am totally for affirmative action. i am vehemently AGAINST racial preferences.
note the CODE LANGUAGE OF THE CENSORS (truly orwellian) from the article:
"This was not an issue about free speech," Tim Moore, director of the SMU student center, said in a story for Thursday's edition of The Dallas Morning News. "It was really an issue where we had a hostile environment being created." "
this is a political protest that was being quelled because it created a "hostile environment"
hey. dorkus. that's what POLITICAL SPEECH DOES
for pete's sake. upsetting the status quo is USUALLY hostile.
note also, that when FIRE
www.thefire.org has responded to these illegal violations of free speech, usually they win...
see:
http://www.thefire.org/index.php/article/5503.html
http://www.thefire.org/index.php/case/672.html
again, the 1st amendment was DESIGNED TO PROTECT OFFENSIVE SPEECH. inoffensive and noncontroversial speech rarely NEEDS protection
"Would it be acceptable for Malhotra to speak out about any intolerance her Christian faith compels her so to do, even were it in regard to people whose skin was not of the same pigmentation as her own ?"
it would be LEGAL. acceptable is not the point. i don't think it's acceptable for fat people to wear spandex, for yoko ono to sing, etc. but it's LEGAL
i'm not talking about what is "acceptable". i am talking about what is firmly protected constitutional rights. i disagree with fred phelps (the preacher who claims that "god hates fags". that's his words. i disagree. but he has the right to say that, to protest politically, to hold up signs at protests that say that, etc.
that 's freedom. deal with it
"Is that the way you are suggesting free speech should be encouraging kids to get along with each other in school? "
speaking truth to power, and speaking one's mind often creates controversy. it's not about getting along. it's about free expression of ideas. that was true for the abolitionists (who were laughed at), the freedom marchers (who were attacked), etc. the 1st amendment is there to protect ALL viewpoints. PERIOD. and in the case of college students - THEY ARE ADULTS. *they* make the choice what speech they choose to listen to (and that goes for military recruiters as well - on campus)
govt. does not step in and say "this speech is icky, and you are too sensitive to hear it, so we will be your big brother and protect you from ideas..."
"Surely free speech is not there to shield people who want to speak freely of intolerance on how another persons own being is composed."
absolutely it is
"In a public place of learning? "
on a PUBLIC CAMPUS?
absolutely. i saw angela davis (far left communist. look her up) speak on campus. she proclaimed that capitalists were evil, that america was evil. was this "hate"? she even SAID she hated our capitalist system. is that HATE? sure it is. she said she hated fat white capitalist plunderers. is that hate? yes
SO WHAT? it is constitutionally protected. whether from leftwing or rightwing or any wing at all
that's how freedom works. in OUR country. im not aware of any nation on earth that protects free speech to the extent we do
it's part of what makes our nation great. the right to express controversial and disturbing ideas.
was "Common Sense" hateful? how about the communist manifesto? Earth in the Balance?
Is it?