Commentary: Free speech far from free – Jacksonville Journal Courier

There is a cartoon making the rounds on Facebook accompanied by comments announcing that Rick Friday, the cartoonist who drew the panel, had been fired by The Farm News, a Fort Dodge, Iowa, publication, after 21 years on the job.

The cartoon depicts two guys in bib overalls standing at a fence row. One of them says, I wish there was more profit in farming and the second guy says, There is. In the year 2015, the CEOs of Monsanto, DuPont Pioneer and John Deere combined made more money than 2,129 Iowa farmers.

Not exactly knee-slappingly funny, but apparently the companies named in the cartoon are also big advertisers with The Farm News.

The posting quotes the fired cartoonist as saying, When it comes to altering someones opinion or someones voice for the purpose of wealth, I have a problem with that. Its our constitutional right to free speech and our constitutional right to free press.

Although I can understand Fridays frustration at being let go, his objection that being fired is a violation of his constitutional rights of free speech and a free press shows a remarkable ignorance about those rights.

The First Amendment to the Constitution states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

The First Amendment says that the government cannot pass laws prohibiting cartoonists from making fun of companies, but with respect to its employees, The Farm News can and is completely within its rights to fire the cartoonist.

The First Amendment outlines a relationship between the government and the people, not between a publishing enterprise and its employees. The management of The Farm News has an obligation to its owners and employees to maintain the financial integrity of the company. When one employees behavior threatens the finances of the company, management may discipline or even terminate the employee without violating his freedom of speech and press rights.

The constitutional protections of speech and press freedom do not guarantee that people may express themselves any way they want. You cannot post on the company bulletin board a notice declaring that the boss is an imbecile and then expect to be protected from being disciplined or fired because of your First Amendment rights. There is nothing in the Constitution compelling companies to spend advertising money in a particular publication, nor is there any provision in the First Amendment that requires a particular company to employ someone.

The government may not constrain Friday from drawing and having his cartoons published, but his employers are within their rights to fire him without violating his First Amendment rights.

Colin Kaepernick, the NFL quarterback who refused to stand for the National Anthem last year, was completely within his rights not to stand. However, just like Kaepernicks relation with the NFL, Fridays dismissal from The Farm News is not a violation of his First Amendment rights.

The First Amendment prohibits the government from silencing individuals and the press in most cases, but it is silent on work arrangements voluntarily entered into between both employees and management.

The Farm News has since rehired Rick Friday.

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Jacksonville resident Jay Jamison writes each Friday for this page.

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Commentary: Free speech far from free - Jacksonville Journal Courier

DeVos urges state legislators to take on foes of campus free speech – Washington Times

DENVER | Education Secretary Betsy DeVos offered a reminder Thursday to state legislators frustrated by protests shutting down free speech at public universities: You control the purse strings.

Ms. DeVos, who delivered her remarks at the American Legislative Exchange Council annual meeting, said that we all have a role to play in reversing the trend toward campus intolerance, which has been manifested in recent years with the muzzling of conservative speakers and viewpoints.

For state legislators, you have the power of the purse, she said. And I wouldnt hope to suggest how you might approach that, but I think that really bringing some of the most egregious examples to the forefront we all have the opportunity to use our bully pulpits to talk about these things and bring light to places of darkness where speech is not being allowed to be free and open and heard.

Her comments came with state lawmakers increasingly exasperated by campus melees, including last semesters University of California, Berkeley rioting and the student takeover at Evergreen State College, driven by students unwilling to brook dissenting opinions.

Let me say I think this is a really, really important issue, one that has become even more important in the last couple of years, said Ms. DeVos. We have seen in far too many cases an intolerance toward listening to and at least hearing from others that have different perspectives than ours.

State lawmakers have begun to react. In Washington, a pair of Republican legislators introduced bills in June to defund Evergreen State and transform it into a private college.

For those who might find such a solution extreme, ALEC unveiled last month the Forming Open and Robust University Minds Act (FORUM), a piece of model legislation aimed at reopening debate on increasingly close-minded campuses.

The model policy eliminates campus free-speech zones, reaffirms First Amendment rights, allows those whose free speech rights may have been violated to bring causes of action and requires free speech education for students as well as administrators and campus police.

The measure also empowers legislators to hold universities accountable by requiring each institution to report on free speech issues prior to the legislatures appropriations process.

Shelby Emmett, director of ALECs Center to Protect Free Speech, said the proposed policy differs from others that require free speech education only for incoming freshmen.

Obviously, theres a problem with free speech on campus well before freshmen arrive if you have administrators or campus police officers who think you can detain or arrest or suspend a student because they passed out a Constitution, said Ms. Emmett. I think its easy to go after the students, but this is a cultural problem.

The focus today lies with progressive students suppressing conservatives, but this is not at all a political issue, said Ms. Emmett.

This happens on both sides, she said. It goes back and forth. Free speech is one of those things where people say they love it until they dont love it.

Universities have seen their reputations take a hit as a result of their apparent opposition to conservative views.

A survey released last week by the Pew Research Center found 58 percent of Republicans believe higher education has a negative effect on the nation, compared with just 36 percent who say the effect is positive.

The reverse was true two years ago, when 54 percent of Republicans found higher education positive and 37 percent said it was negative.

In between those two surveys, there have been massive student demonstrations, notably the campus shutdown in 2015 at the University of Missouri, as well as incidents at private institutions such as Yale University and Claremont McKenna College.

Ms. DeVos can speak from personal experience: In May students booed and interrupted her graduation address at Bethune-Cookman University in Orlando, Florida.

The education secretary typically draws a protest crowd driven by teachers unions wherever she speaks, but there were no demonstrators Thursday outside the Hyatt Regency Denver for her ALEC address.

The day before she arrived, however, several hundred foes of her school choice agenda held a rally at the state capitol and then marched to the Hyatt Regency, chanting resist and holding signs with messages like ALEC Leave Our Kids Alone!

The marchers were greeted by ALEC staffers who passed out water bottles in the nearly 100-degree heat. The message on the water bottles: Quenching your thirst for free speech.

Thats perfect, said Ms. DeVos.

Free speech is a very important issue, and one which I plan to continue to talk and speak out about, and I hope all of you who have opportunities to do that in your states will do the same, she said. Because the value of hearing and learning from others is an invaluable, invaluable thing.

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DeVos urges state legislators to take on foes of campus free speech - Washington Times

Thanks to blocked lecture, Ben Shapiro has a message about free speech for Berkeley defender Dianne Feinstein – Washington Examiner

The University of California, Berkeley's decision to block another conservative lecture, this time featuring popular author Ben Shapiro, rightfully sparked a fresh round of disgust among free speech advocates on Wednesday.

The school is under heavy fire from conservatives for a series of First Amendment controversies that unfolded over the course of the last school year, even facing a lawsuit from Young America's Foundation and the Berkeley College Republicans over Ann Coulter's canceled lecture in April. Between the riots that blocked Milo Yiannopoulos from speaking and the university's decision to cancel Coulter's lecture, Berkeley has become a high-profile battleground of the contemporary campus speech movement.

During a Senate hearing last month, Sen. Chuck Grassley, R-Iowa, criticized the school in his remarks decrying the state of free speech in higher education. In response, Sen. Dianne Feinstein, D-Calif., ardently defended her state's flagship university.

"I know of no effort at Berkeley, at the University of California, to stifle student efforts to speech," she said at the time, continuing, "And if there is a specific effort, I would certainly appreciate it if people brought that to my attention."

Ben Shapiro is happy to help.

"If there is no effort to stifle free speech at Berkeley," Shapiro responded in an email to the Washington Examiner, "why has Berkeley failed to protect Milo Yiannopoulos' event, cancelled Ann Coulter's event, and now makes excuses about lack of availability for a speech already cleared by the College Republicans?"

"If Feinstein is so unconcerned about this, she should push her fellow Democrats in California to sponsor legislation requiring the suspension or expulsion of students who utilize violence to prevent others' free speech," he concluded.

Easy enough. But will the senator agree?

In a statement to Young America's Foundation (my previous employer), the organization set to sponsor his lecture, Shapiro indicated he won't accept the university's excuses. "Using ridiculous pretexts to keep conservatives from speaking is unsurprising but disappointing. We'll find a way to get this event done, and UC Berkeley has a moral and legal obligation to ensure we do so," he declared.

Emily Jashinsky is a commentary writer for the Washington Examiner.

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Thanks to blocked lecture, Ben Shapiro has a message about free speech for Berkeley defender Dianne Feinstein - Washington Examiner

Civility Now! Corey Lewandowski Ignites Free Speech Debate in … – Cleveland Scene Weekly

In what was surely the most hot-button episode of WCPN's Sound of Ideas in months, City Club of Cleveland CEO Dan Moulthrop appeared alongside local attorney Subodh Chandra* and the ACLU's Elizabeth Bonham Wednesday morning to discuss the City Club's recent announcement that it'll be hosting fired Trump campaign manager Corey Lewandowski on August 3.

That announcement met with immediate criticism on social media. Cleveland.com clutched its pearls and called the response "one of the most volatile in the 105-year history of the citadel of free speech."

The Twitter critics people who wondered, among other things, what exactly Lewandowski would bring to the City Club (besides, perhaps, notoriety) and who prodded Moulthrop to explain the decision, in light of Lewandowski's thuggish behavior on the campaign trail were described as "voices of intolerance."

Moulthrop has since orchestrated a kind of publicity tour, which included the Wednesday morning SOI broadcast. First, he penned an op-ed for Cleveland.com, celebrating the distinguished history of the City Club and casting the decision to host Lewandowski (at Congressman Jim Renacci's invitation) as a natural extension of the organization's valor in the face of tension and controversy. In a head-scratching formulation, he characterized the criticism of the City Club's decision as "intolerance for dissent."

But that particular position was greeted with skepticism by Subodh Chandra, a City Club member, Wednesday morning. He agreed in principle with Moulthrop's invocation of free speech ideals, but reminded Moulthrop and listeners that the First Amendment protects citizens from government infringement on their free speech rights. It has nothing to do with private entities like the City Club, which makes specific choices about who it invites and what topics it elevates. In Chandra's view, Lewandowski "degraded" the City Club. If he was a valid guest, Chandra asked, who would be off-limits?

Moulthrop said the outer limits were for the City Club's board to determine.

Elizabeth Bonham, too, stressed the need for clarity when framing the debate. She agreed that the current controversy was not a First Amendment Issue, and that when private organizations invoke the First Amendment, it's a misrepresentation. They can certainly advocate free speech, she said. But they aren't bound by the First Amendment at all.

Moulthrop pushed back, suggesting that citizens engage with free speech in a different way than lawyers do, and that it's incumbent upon civil society organizations to work adjacent to the Constitution.

To Chandra, the question was almost immaterial "a distraction," he said. There was no disputing that the City Club was constitutionally allowed to host Lewandowski. To him, though, Lewandowski was just a shitty, substandard guest a "third-tier, B-list" failed politician and fired strategist best known for assaults on reporters and protesters. One caller suggested that Chandra's take was "elitist."

But it gets to a fundamental issue that critics of the City Club's decision have voiced: Unless you're the United States government, being "inclusive" in celebrating free speech does not at all mean being exhaustive. Unlike the government, which must permit everything short of violence, critics believe that private entities can (and should) be selective in the speech they choose to give a platform to. In their view, celebrating civil discourse might mean the opposite of what it's being said to mean; it almost certainly means excluding people like Ann Coulter and Alex Jones and holocaust deniers.

In the critics' line of thinking, declining an invite from Jim Renacci to host Lewandowski should not be seen as "suppressing free speech" or "silencing" an opposing viewpoint. The City Club should be perfectly capable of defending a person's right to say something without flying that person to Cleveland and giving them an hour at an esteemed local institution to spew kooky or bigoted hot takes. One can recognize (and cherish) the U.S. government's inability to censorMilo Yiannopoulos, for example, and still believe that Simon & Schuster shouldn't publish his memoir.

Mercifully, Dan Moulthrop does not appear to believe that the City Club is the United States government. But his exact position is difficult to nail down: He has advanced the idea that the City Club musthost Lewandowski "we must engage in dialogue with those who are shaping public discourse" but not in spite of his behavior. Moulthrop seems to believe that the former strategist is really a top-hole guest. He has deflected questions about Lewandowski's documented assaults.

To the City Club, Lewandowski is valuable because he was part of something historic (the election of a real estate mogul and reality TV star to the U.S. presidency), and now influences more than 2 million people every day on Fox News. Inviting him and, crucially, giving attendees the opportunity to ask him tough questions is in keeping with the City Club's mission.

But to Chandra, Lewandowski is only famous for being infamous. And as a known purveyor of alt-facts and propaganda, even the vaunted City Club Q&A isn't likely to yield an informative or productive dialogue. Chandra said, though, that his primary issue was with the City Club's apparently diminished standards. Now that Lewandowski has been invited, Chandra encouraged people to attend and ask questions.

Meanwhile, eye-rollers on social media are curious about the "dissent" which they're being called intolerant of: What is Corey Lewandowski dissenting from, for example? And by whom are we called upon to practice inclusive free speech values vis-a-vis C-Lew? Well, by Dan Moulthrop and the City Club's recent defenders. In their view, presumably, Lewandowski represents dissent from our own ideas. It's important to welcome him,therefore, as a civil/civic attempt to broaden our minds and find common ground, etc.

Here's the best thread from the Twitter opposition:

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Civility Now! Corey Lewandowski Ignites Free Speech Debate in ... - Cleveland Scene Weekly

Suspensions for College Students Who Thwarted Free Speech – The … – The Atlantic

Claremont McKenna, the small, Southern California liberal-arts college, has punished seven students for their part in trying to shut down a speaking event last spring.

The undergraduates targeted Heather Mac Donald, a Manhattan Institute scholar who often focuses on law enforcement. She is most controversial for arguing that aggressive policing tactics pioneered by the NYPD in the 1990s saved thousands of black lives by reducing crimeand thatprotest movements like Black Lives Matter are part of a war on cops that makes everyone, especially cops and black men, less safe.

On April 6, roughly 170 people from the Claremont Colleges and beyond organized and executed a blockade of the venue where she was to speak. Some erroneously asserted that she is a white supremacist who disputes the right of Black people to exist.

They breached the perimeter safety and security fence and campus safety line, and established human barriers to entrances and exits, according to a statement released by administrators. These actions deprived many of the opportunity to gather, hear the speaker, and engage with questions and comments.

Among those found guilty of policy violations by a panel made up of a student, a staff member, and a faculty member, three students received one-year suspensions; two received one-semester suspensions; and two were put on conduct probation.

Their identities were not released.

The disciplinary measures are as harsh as any I can recall being levied against student activists in the spate of campus protests that began in October 2015 at the University of Missouri. That is sure to please one faction at Claremont McKenna, an institution where many alumni, trustees, and faculty members were perturbed to see free speech attacked by activists at their historically conservative institutionand convinced that a punitive response was needed to assure that going forward, students will be able to host controversial speakers without fear of getting shut down.

The administrations statement addressed those concerns:

Our Athenaeum must continue to invite the broadest array of speakers on the most pressing issues of the day. Our faculty must help us understand how to mitigate the forces that divide our society. Our students must master the skills of respectful dialogue across all barriers. Our community must protect the right to learn from others, especially those with whom we strongly disagree. And Claremont McKenna College must take every step necessary to uphold these vital commitments.

If any sizable faction of students are upset by the disciplinary measures, their reaction is likely to be tempered by the fact that they wont return to campus until the fall semester begins. In their absence, a Los Angeles civil rights lawyer, Nana Gyamfi, has emerged as the leading critic of the disciplinary measures taken against the students. She was kind enough to grant me a half hour interview on her birthday.

In her telling, Claremont McKenna first erred in extending an invitation to someone like Mac Donald, because she is not merely conservative in her viewsher rhetoric is dangerous. This is so, the civil rights lawyer argued, in part because of the way that Mac Donald vilifies participants in the Black Lives Matter movement, thereby putting them at greater risk of being harmed by critics agitated into violence. There is an element of karmic symmetry to the accusation, as Mac Donald insists cops are at greater risk of harm by critics agitated by Black Lives Matter.

Gyamfi went on to argue that students of color feel unsafe at the prospect of a Mac Donald speech on their campusand that they are, in fact, justified in that feeling. At first, I thought that she was using the characterization unsafe in the fashion of campus progressives who invoke the term even absent any claim of actual physical threat.

In fact, she was worried about real violence. She noted that in 2015 an anonymous figure posted a death threat against Claremonts students of color in an online forum. She spoke in general of speakers who rile up campuses, leaving members of marginalized groups feeling that, Damn, after this person spoke I feel physically in danger, I'm going to go back to these dorms and people are going to physically assault me. And she asserted that students in that situation have a duty to act in self-defense.

Thus the attempted shutdown in Claremont.

The students that engaged in this did so because they have an understanding of something we're all coming to: that we keep us safe, that we cannot depend even on the institutions we pay, whether the police or our universities, to keep us safe, she said. So we have to put our bodies on the line to be able to be safe. It doesn't make sense for you to be pursuing a degree somewhere and for someone to put a bullet in your head.

The notion that Mac Donald would plausibly incite students at Claremont to physically assault black classmates in the dorms after her speech struck me as incorrect and unfairMac Donald has been speaking publicly at college campuses and beyond for decades; her frequent speeches have never incited any audience member to violence; and nothing Ive ever known her to say, in years of listening critically to her words and reading her critics, has ever come close to even attempting incitement.

(For what its worth, multiple students of color I spoke to at the Claremont Colleges agreed that Mac Donald presented no threat and disagreed with the attempt to shut down her speech; be wary of any source that treats students of color anywhere as a monolith.)

I asked if anything in the remarks that Mac Donald ultimately delivered, in a live stream at Claremont McKenna, struck Gyamfi as something that could incite violence. I have no idea, she said. If someone writes books and articles that I feel positions Black Lives Matter protesters as terrorists, and that positions extrajudicial killings of black people as acceptable I'm not going to wait until she says kill the n-words or who cares if n-words die, I'm not going to wait for the outrageous thing to come from her mouth when I know where this could possibly go.

If any student protesters were earnestly fearful that Mac Donalds speech would trigger an assault on them, or would include a racial-epithet-laden tirade about killing black people, they would have been well-served by a trusted figure with an accurate understanding of Mac Donalds views to alleviate their fears with the truth.

I tend to agree with Gyamfi that the punishments were overly harsh.

For me, thats partly because Claremont McKenna and other institutions sent students lots of unfortunate signals that they could protest without consequence, and partly because semester rather than year-long suspensions, paired with a book report on John Stuart Mill, Henry Louis Gates, and Jonathan Rauch, seem sufficient to send the needed message: attempts to shut down speech will no longer be tolerated.

To Gyamfi, only educational discipline was appropriate, in part because this was a non-violent protest. They didn't punch anybody out. It was not destructive. They didn't turn over cars or burn anything down. And the way the university responded to the protest clearly is intended to intimidate, to bully, to chill speech, to make people feel that anyone who even thinks about pushing back against one of these alt-wrong people is going to be slammed. You're requiring people to just take it, to hear things that are harmful to hear, to experience things that are harmful to experience, and to hear that pressure makes the diamond and friction makes the pearl. We already understand that no, it doesn't work that way, it shouldn't work that way in an educational institution, and you certainly shouldn't discipline students who are making an attempt to exercise free speech. And that is what they were doing.

That the punishment violates the free speech of the protesters, and is likely to chill speech, is a critique I encountered on Facebook as well, though the college did not punish students who protested Heather Mac Donald but did not block the event space.

I asked Gyamfi if she saw a distinction. What those insisting on a punishment worry about, I observed, is that permitting students to physically shut down any event featuring a speaker they dont like will render colleges helpless to function in the face of any dissenters. Should the alt-right be allowed to blockade Deray Mckesson speeches with impunity? At first, she changed the hypothetical, saying she would not object if Jewish students attempted to shut down a speech by an anti-Semitic Holocaust denier. That too would fall under her notion of self-defense against dangerous speech.

But what about protesters shutting down a speaker whose ideas you regard as unobjectionable, I pressed. Would that be legitimate because peaceful protest should never be punished? Or is it okay to punish protesters who stop others from speaking or listening? If they're protesting it's okay, she argued. I don't think it's okay if you're being an ass and not engaging in protest. Then you're just being an ass. But I think if they're actually engaging in protest, then I'm not happy about it, but it is what it is.

It shouldnt be punished.

I respect the consistency of her view, and the empathy that it extends to people who believe themselves to be standing up for what is right. But I dont want to live in a society where it prevails. Think what it would mean, campus progressives, if people could block others from speaking, or assembling, then escape punishment so long as their protest was in earnest. Alt-right bigots could surround mosques to prevent Muslims from attending services. The right to abortion would be meaningless as those who regard even first trimester procedures as murder formed human barriers around rural clinics. The Westboro Baptist Church could decide that rather than just protest the funerals of AIDS victims, it would physically prevent families from gathering for the eulogy.

That dysfunctional arrangement could hardly stay nonviolent for long. Folks would still want to have political gatherings. Thus the rise of campaign rallies where protesters would try to prevent any assembling, and counter-protesters would be on hand to counter, with victory that day going to whoever happens to push harder in their blockade.

The red rover champions of 1980s elementary schools would thrive. But the arrangement would be a catastrophe for marginalized peoplejust as failing to protect freedom of speech or freedom of association on college campuses would be a catastrophe for marginalized students.

The perfect punishment is a difficult thing to determine. But in my estimation, Claremont McKenna was correct to impose some punishment on student protesters who denied others the ability to speak and listen. While many forms of protest should always be permitted on college campuses, all students will ultimately benefit if future shut-down attempts are averted.

Dissents are welcome at conor@theatlantic.com.

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Suspensions for College Students Who Thwarted Free Speech - The ... - The Atlantic

Telling Students ‘Speech is Violence’ Could Be Dangerous – NYMag – New York Magazine

People protest far-right writer Milo Yiannopoulos at UC Berkeley on February 1, 2017. A scheduled speech by Yiannopoulos was cancelled after protesters and police engaged in violent skirmishes Photo: Elijah Nouvelage/Getty Images

One fairly common idea that pops up again and again during the endless national conversation about college campuses, free speech, and political correctness is the notion that certain forms of speech do such psychological harm to students that administrators have an obligation to eradicate them or, failing that, that students have an obligation to step in and do so themselves (as has happened during recent, high-profile episodes involving Charles Murray and Milo Yiannopoulos, which turned violent).

Such claims of harm often summed up as speech is violence arent typically invoked in response to actual Nazis, or anything like that. Rather, they are used to argue against allowing speakers like Murray and Yiannopoulos who, for better or worse, do fit in the conservative mainstream or even significantly more moderate ones like Emily Yoffe, who has expressed skepticism about certain claims pertaining to the prevalence of sexual assault on campus. In one instance students successfully canceled a showing of American Sniper by arguing the films ostensible Islamophobia would make students feel unsafe and unwelcome though the screening was later uncanceled.

Now, given the fog of culture war that has descended on this subject and the tendency of opportunistic (mostly) conservative outlets to hype these kinds of events, it isnt clear how common they actually are people often forget the polls suggesting that college students, broadly speaking, tend to hold pro-free-speech views. But either way, it is hard to take seriously the idea that an American Sniper showing or an Emily Yoffe appearance, or even a Yiannopoulos talk, is so potentially psychologically harmful that established norms about free expression which protect both College Republicans and Palestinian students advocating on behalf of their people should be tossed out the window.

So its weird, in light of all this, to see the claim that free speech on campus leads to serious psychological harm being taken seriously in the New York Times, and weirder still to see it argued in a manner draped in pseudoscience. Yet thats what happened. In a Sunday Review column headlined When Is Speech Violence? Lisa Feldman Barrett, a professor of psychology at Northeastern University, explains that scientifically speaking, the idea that physical violence is more harmful than emotional violence is an oversimplification. Words can have a powerful effect on your nervous system. Certain types of adversity, even those involving no physical contact, can make you sick, alter your brain even kill neurons and shorten your life. Chronic stress can also shrink your telomeres, she writes little packets of genetic material that sit on the ends of your chromosomes bringing you closer to death.

In light of all this, she writes, it makes sense to think seriously about banning certain campus speakers:

The scientific findings I described above provide empirical guidance for which kinds of controversial speech should and shouldnt be acceptable on campus and in civil society. In short, the answer depends on whether the speech is abusive or merely offensive.

Offensiveness is not bad for your body and brain. Your nervous system evolved to withstand periodic bouts of stress, such as fleeing from a tiger, taking a punch or encountering an odious idea in a university lecture.

[]

Whats bad for your nervous system, in contrast, are long stretches of simmering stress. If you spend a lot of time in a harsh environment worrying about your safety, thats the kind of stress that brings on illness and remodels your brain. Thats also true of a political climate in which groups of people endlessly hurl hateful words at one another, and of rampant bullying in school or on social media. A culture of constant, casual brutality is toxic to the body, and we suffer for it.

Thats why its reasonable, scientifically speaking, not to allow a provocateur and hatemonger like Milo Yiannopoulos to speak at your school. He is part of something noxious, a campaign of abuse. There is nothing to be gained from debating him, for debate is not what he is offering.

This is a weak and confused argument. Setting aside the fact that no one will ever be able to agree on whats abusive versus whats merely offensive, the articles Barrett links to are mostly about chronic stress the stress elicited by, for example, spending ones childhood in an impoverished environment of serious neglect and violence. Growing up in a dangerous neighborhood with a poor single mother who has to work so much she doesnt have time to nurture you is not the same as being a college student at a campus where Yiannopoulos is coming to speak, and where you are free to ignore him or to protest his presence there. One situation involves a level of chronic stress that is inflicted on you against your will and which really could harm you in the long run; the other doesnt. Nowhere does Barrett fully explain how the presence on campus of a speaker like Yiannopoulos for a couple of hours is going to lead to students being afflicted with the sort of serious, chronic stress correlated with health difficulties. Its simply disingenuous to compare the two types of situations in a way, its an insult both to people who do deal with chronic stress and to student activists.

Its also worth pointing out that this sort of scaremongering Milo is coming and he is shrinking your telomeres! could become a self-fulfilling prophecy for some students. Theres an intriguing area of behavioral science known as mind-set research, and one of its tenets is that the relationship between stress and humans response to it is partially mediated by how people expect stress to affect them. In one intriguing study, for example, a group of Australian college students were given a psychological test and then told at random that it revealed they were either good at dealing with stress or bad at it. Then they watched, on a MacBook, a very disturbing ten-minute video of a car wreck, after which they were asked to close their eyes and relax for three minutes. When they opened their eyes, the researchers running the study asked them to estimate the number of times the films sounds and images intruded on their consciousness during the interlude, and how distressing they found the film overall. As it turned out, the students who were told at random they were good copers were less affected by the film they experienced, on average, about four and a half intrusions during the three-minute interlude, and rated their distress level at 5.65 on a 10-point scale. The poor copers, on the other hand, experienced about 18 intrusions and rated their distress level at almost an 8. Its an interesting finding albeit one conducted on a fairly small sample of 33 students and there are other studies which also suggest that the way we are primed to respond to stress can affect how we eventually do.

Now, it would be just as much of a stretch to say that a single column like Barretts could cause students to self-traumatize as it would be to say that an upcoming Yiannopoulos appearance could traumatize them. But in the aggregate, if you tell students over and over and over that certain variants of free speech variants which are ugly, but which are aired every moment of every day on talk radio are traumatizing them, it really could do harm. And theres no reason to go down this road, because theres no evidence that the mere presence of a conservative speaker on campus is harming students in some deep psychological or physiological way (with the exception of outlying cases involving preexisting mental-health problems). This is a silly idea that should be retired from the conversation about free speech on campus.

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Telling Students 'Speech is Violence' Could Be Dangerous - NYMag - New York Magazine

Flying Dog Brewery terminates its Brewers Association membership in defense of free speech – Washington Examiner

Flying Dog Brewery terminated its membership with the Brewers Association over free speech concerns on June 1, marking the first time that a craft beer manufacturer split with the powerful trade group. The move was made in protest of a policy the Brewers Association announced in April aimed at cracking down on "sexually explicit, lewd, or demeaning brand names, language, text, graphics, photos, video, or other images."

Flying Dog, who produces a popular Belgian IPA called Raging Bitch, is no stranger to censorship challenges. In 2009, the Michigan Liquor Control Commission barred the sale of Raging Bitch in the Wolverine State, claiming that the label is "detrimental to the public health, safety, and welfare." Oddly enough, the label was designed by renowned artist Ralph Steadman, who is best known for illustrating many of Hunter S. Thompson's best-known works, including Fear and Loathing in Las Vegas.

After a long legal battle, Flying Dog won a decisive victory for free speech in May 2016, with the U.S. 6th Circuit Court of Appeals ruling that the Michigan Liquor Control Commission's ban violated the brewery's First Amendment rights. Flying Dog used the damages it received from the ruling to found the 1st Amendment Society, a nonprofit dedicated to raising awareness about free speech issues. Over the past year, the 1st Amendment Society has held numerous educational events at Flying Dog's headquarters in Frederick, Md.

Thus, Flying Dog's decision to leave the Brewers Association should come as no surprise. Their steadfast defense of free expression is integral not just to its beer labels but to its core values as a company.

Flying Dog CEO Jim Caruso explains in Brewbound:

Free enterprise doesn't exist without freedom of expression If you've suppressed my ability to communicate my marketing message to my potential consumers, you are anti-free enterprise. It's appalling to think that the brewers who sit on the board of directors and the [Brewers Association] management are interfering in the industry, trying suppress free enterprise and suppress craft brewers from communicating their marketing message to their consumers.

These days, free speech is not just under threat by governments. Private institutions like universities and trade groups often embrace censorship, creating a chilling effect where individuals are afraid to share knowledge. While it's perfectly within their rights to impose such rules, their customers should not be afraid to raise their objection or vote with their dollars.

Such is the case case with the Brewers Association's unnecessary decision to regulate its members' brands. Flying Dog should be applauded for standing up for "good beer and no censorship."

Casey Given (@CaseyJGiven) is a contributor to the Washington Examiner's Beltway Confidential blog. He is the executive director of Young Voices.

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Flying Dog Brewery terminates its Brewers Association membership in defense of free speech - Washington Examiner

Free Speech Bill Sponsor Caught Stealing Anti-GOP Sign – Patch.com


Patch.com
Free Speech Bill Sponsor Caught Stealing Anti-GOP Sign
Patch.com
Free Speech Bill Sponsor Caught Stealing Anti-GOP Sign. BROOKFIELD, WI A Republican lawmaker admitted on Friday that he stole an 80-year-old man's anti-GOP sign from the State Capitol Building under the guise of upholding the "decorum" of the ...

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Free Speech Bill Sponsor Caught Stealing Anti-GOP Sign - Patch.com

Ben Shapiro to testify in Congressional hearing on college campus … – The Hill

Conservative authorBen Shapirois expected to testify before a joint Congressional hearing on free speech on college campuses later this month, according to a new report by The Hollywood Reporter.

Comedian Adam Carolla, Shapiro and former American Civil Liberties Union President Nadine Strossen will testify before theCommittee on Oversight and Government Reform, Subcommittee on Health Care, Benefits and Administrative Rules and the Subcommittee on Intergovernmental Affairs for up to two hours on July 27.

Lawmakers on the committees include Darell Issa (R-Calif.), Mark Sanford (R-Fla.) and Jim Cooper (D-Tenn.).

The hearing comes after protests, and in some cases riots, have broken out on college campuses over guests invited to speakto students.

In February, University of California, Berkeley was on a campus-wide lockdown after protests broke out against Breitbart editor Milo Yiannopoulos, an "alt-right" leader who was scheduled to speak at the school.

Similar protests happened later in the year when Ann Coulter was invited to speak at Berkeley's campus.

Shapiro,one of those invited to testify this month, has also sparked protests among students on campuses.He was escorted off the campus ofCalifornia State University, Los Angeles by police last year after protests broke out over his planned appearance.

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Ben Shapiro to testify in Congressional hearing on college campus ... - The Hill

Free Speech Can’t Just Be For Speech We Like | Editorials … – Lynchburg News and Advance

If ever there were a more important time in the last half-century to lift up Americans First Amendment right to free speech, its today. Its a foundation stone of our democratic republic, but one that is under increasing stress with each passing day.

Take, for example, the events of July 8 in Charlottesville.

Earlier this year, the Charlottesville City Council voted to remove statues of Confederate Gens. Robert E. Lee and Thomas J. Stonewall Jackson and rename the parks where they now stand Justice Park and Emancipation Park. The actual removal is on hold with a suit by statue supporters making its way through the legal system.

In the meantime, the statues have become a flashpoint in the ongoing culture wars. Richard Spencer, a founder of the alt-right white supremacist movement, has been to town for a rally. Corey Stewart, the fiery anti-immigrant populist who barely lost the June 13 Republican gubernatorial primary, has embraced the statues as his ticket to a larger political stage. A Charlottesville white nationalist blogger has seen his profile rise considerably, and in June there was a torch-lit rally of support for the statues that reminded many of Ku Klux Klan rallies of decades past.

Perhaps most disturbing of all, last weekend more than four dozen members and supporters of a Ku Klux Klan coven from North Carolina, who had obtained an assembly permit from the city, held a rally at the foot of the Lee statue.

Community leaders, from the mayor to the president of the University of Virginia, urged folks to stay away from the KKKs protest. The university and city helped plan and stage several community events designed to blunt the KKKs message of hate. But still, more than 1,000 gathered in and around the two parks theyre just blocks from each other to protest the Klans presence in the city.

Tensions understandably were high. After all, its not every day you see a gathering of Klansmen in their robes and regalia, waving Confederate flags and spouting their hateful rhetoric. Nor is it every day that a thousand or more protesters show up to counter that message. Police officers took elaborate steps to protect the Klansmen as they exercised their First Amendment rights, the same rights the anti-Klan protesters were exercising.

At the conclusion of the rally, specially trained Virginia State Police troopers were on hand to make certain the Klan members were able to exit safely, but they still had a phalanx of protesters to make it through. In those moments, anything could have set off a tragic series of events.

Police asked the thousand-member crowd to disperse and go home as the Klan rally had ended. They begged, they pleaded nothing. They officially declared the crowd an unlawful assembly under Virginia law and warned protesters to leave nothing. They put on their gas masks as a way to tell protesters what was next nothing. Then came the release of three canisters of tear gas, and in the following moments, almost two dozen protesters were arrested and charged with various offenses.

The KKK rally and the counter-protest were difficult to watch, but they illustrate just how important the First Amendment is and why we must protect it. There are legal limits to free speech, but the Klan was well inside the perimeter of whats legal, as were the KKK opponents. The police stoically and professionally did their jobs of protecting the public and making it possible for citizens to exercise their constitutional rights in as safe an environment as possible.

Spencer, the alt-right founder, is planning another rally next month, and already there is trepidation about what could transpire. Let him exercise his right to free speech, though its ugly hate speech. Let his opponents rally against him, but peacefully. We cant let the First Amendment become the victim of mobs, on either the left or the right.

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Free Speech Can't Just Be For Speech We Like | Editorials ... - Lynchburg News and Advance

Letter: Transparency and free speech – Charleston Post Courier

I had the privilege of addressing the Mount Pleasant Town Council July 11 on an issue near and dear to my heart; ironically enough the topic was the towns plan to update its rules for responding to Freedom of Information Act requests.

As I spoke I was well aware of the time limitations for speaking set forth in the towns ordinances and backstopped by the states FOIA law. I tried to keep my comments brief, but I went over my allotment of free speech. As I was trying to wrap up, the mayor kindly informed me that I had exceeded my time limit, thanked me for my input, and moved on.

I got the distinct impression that the mayor was more interested in moving the meeting along than listening to one of the people she was elected to represent.

Free speech and leadership sometimes means you have to at least listen and be receptive to ideas and opinions you may not agree with. Perhaps if the mayor listened a bit more some of the divisive issues the town is facing today could have been avoided.

Perhaps if issues were openly discussed, ideas fully expressed and a consensus reached, a more transparent administration could be achieved. Instead, the administration appears to be interested in complying with the letter not the spirit of the law, all the while watching the clock.

Anyway, later on closer to election time I hope I can invite the mayor to speak at a campaign event for two minutes.

Timothy C. Kiel

Pelzer Drive

Mount Pleasant

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Letter: Transparency and free speech - Charleston Post Courier

Applaud support for free speech – The Missoulian

Recent incidents at the University of California-Berkeley where protesters threw Molotov cocktails and broke windows at the site of a sponsored lecture, and at Middlebury College where protesters assaulted a professor, highlight a disturbing trend in higher education: the assault on free expression.

This flouting of the norms of civil discourse and debate endangers the very heart of the university, for freedom of expression is essential to its mission and a fundamental constitutional right. Faculty recently demonstrated their commitment to open inquiry and to education, not indoctrination.

We encourage our students to speak freely and think critically. The citizens of Montana should applaud the University of Montana, where the Faculty Senate at its spring meeting overwhelmingly endorsed the University of Chicagos statement on principles of free expression. The university thus joins 20 other institutions who have done so.

Let us all encourage others, especially our students, to cultivate the virtue of toleration and to respect the basic rights of all.

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Applaud support for free speech - The Missoulian

Donald Trump Jr.’s Free Speech Defense – Slate Magazine

Donald Trump Jr. walks offstage after Donald Trumps debate against Hillary Clinton at Hofstra University in Hempstead, New York, on Sept. 26.

Brian Snyder/Reuters

Get ready for the latest defense for Donald Trump Jr.s actions: He had a First Amendment right to collude with the Russians to get dirt on Hillary Clinton. This defense, which has been advanced by noted First Amendment expert Eugene Volokh and others, posits that he cannot be charged under campaign finance laws for soliciting a foreign contribution because seeking and providing such information would be protected political speech, or at least protected for an American to receive. Its a dangerous argument which fails to recognize the compelling interest promoted by Congresss ban on foreign contributions: specifically guarding American self-government against foreign intrusion.

Lets first start with the statute Trump Jr. may have violated. Federal law makes it a potentialcrime forany person to solicit (that is, expressly or impliedly ask for) the contribution of anything of value from a foreign citizen.

While we do not know enough to say that Trump Jr. should be charged with violating this statute, emailsreleased by Trump Jr. himself on Tuesday (as the New York Times was about to report on them) provide more than enough detail to merit an investigation by special counsel Robert Mueller. We know that Trump Jr. got an email from his friend stating that the Crown prosecutor of Russia had offered to provide the Trump campaign with some official documents and information that would incriminate Hillary and her dealings with Russia and would be very useful to your father. This high level and sensitive information was being presented as part of Russia and its governments support for Mr. Trump.

Trump Jr. replied almost immediately:If its what you say I love it especially later in the summer.

It seems obvious that I love it constitutes solicitation in this instance. And there is a very strong argument to be made that very high level and sensitive information coming from the government of Russia is a thing of value for purposes of federal campaign finance law. The Federal Election Commission has said that providing free polling information to a candidate is a thing of value. It has said that when Grover Norquists Americans for Tax Reformgave a list of conservative activists in 37 states to the BushCheney campaign in 2004, this was a thing of value which had to be reported by the campaign, even if the list was publicly posted on the groups website. It said that Canadian campaign literature which an American candidate wanted to borrow from in his own campaign is a thing of value, even if its value is nominal or difficult to ascertain. It said that opposition research provided by a political group to Republican candidates can count as an in-kind contribution. And a federal court, in the prosecution of New Jersey Sen. Robert Menendez, said that a thing of value need only have subjective value to the recipient.

In the case involving the Canadian campaign literature, the FEC said the solution was for the campaign to buy it at fair market value, not to take it for free. And in the case involving the polling data, the court distinguished between volunteering for a campaignwhich is OK, even for foreignersand providing things of value that the campaign would otherwise buy, including information.

So heres where the First Amendment argument comes in. Professor Volokh argues that applying the FEC statute against Trump for getting a Russian government oppo dump must violate Trump Jr.s First Amendment rights because otherwise it would prevent all campaigns from obtaining mere information from a foreign individual. What if foreign individuals came forward during the campaign with dirt on Trumps travails in Russia and gave it to the Clinton campaign? Would that violate the law? Could a campaign not even speak to a foreign individual?

If a law is substantially overbroad, Volokh argues, it could be unconstitutional on First Amendment grounds against all people, including Trump Jr., even if a narrower lawfor example, against taking information from a foreign governmentcould pass constitutional muster.

Should it ever come down to a prosecution of Donald Trump Jr., I think courts wouldand shouldreject these arguments. One way to do so would be to read the statute more narrowly to proscribe actions like Trump Jr.s: campaigns taking compiled information for free that they would have paid significant value to receive from a foreign sourceor at least a foreign government.

Should it ever come down to a prosecution of Donald Trump Jr., I think courts would reject these arguments.

Campaign finance laws are usually justified on the grounds of preventing corruption or the appearance of corruption. But the laws barring foreign interference are different: They are about protecting self-government and the right of the American people themselves to decide who our elected officials and representatives are. As the FEC acknowledged in 2007, Congress passed and strengthened the foreign contribution ban with a broad scope out of a legitimate fear of interference in American electoral processes. It is a concern which has only been heightened by recent reports of Russian hacking into state voting and election systems in the 2016 campaign, as well as Russian proliferation of propaganda and Twitter botdriven fake news and the countrys hack of the Democratic National Committee.

Right after the Supreme Court decided the 2010 case Citizens United v. FEC, freeing corporations to spend money in elections independent of campaigns on the grounds that such independent spending cannot corrupt democracy, a Canadian lawyer living in New York named Benjamin Bluman brought a similar suit. He argued that his independent spending of 50 cents to make flyers and hand them out in Central Park in support of President Barack Obama should not be a crime because he could not corrupt the process.

A three-judge district court, in an opinion by conservative D.C. Circuit Judge Brett Kavanaugh, roundly rejected the argument and affirmed the broad scope of the foreign contribution ban in Bluman v. FEC: It is fundamental to the definition of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self-government. It follows, therefore, that the United States has a compelling interest for purposes of First Amendment analysis in limiting the participation of foreign citizens in activities of American democratic self-government, and in thereby preventing foreign influence over the U.S. political process. The Supreme Court thought this result was so self-evident it summarily affirmed the lower court judgment withoutscheduling argument and without issuing a separate decision. That is how obvious the countrys interest is in preventing foreign influence over our elections.

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1. No contact with any Russians at any point 2. Okay, some contact, but just routine stuff, not related to the campaign 3. Okay, contact related to the campaign, but not collusion 4. Alright, collusion, but totally accidental 5. More...

To let someone off the hook who solicited very high level and sensitive information from a hostile government because there may be cases in which information from a foreign source does not raise the same danger to our national security and right of self-government is to turn the First Amendment into a tool to kill American democracy.

Put aside the incredulity Trump World would deserve if it pivots from saying there were no campaign contacts with the Russian government to acknowledging the contacts and saying they were just free speech. As a matter of protecting American democracy, the argument is pernicious and threatens the very core of what it means for we the people to decide who governs us.

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Donald Trump Jr.'s Free Speech Defense - Slate Magazine

Judge: Campus Carry Doesn’t Hurt Free Speech – Reason (blog)

Three University of Texas at Austin professors filed a lawsuit claiming that letting people carry firearms on their campus would have a chilling effect on speech. Last week, District Judge Lee Yeakel dismissed the suit claiming the professors could present "no concrete evidence to substantiate their fears" and that their fears rest on "mere conjecture." Although it's certainly refreshing to see professors using First Amendment justifications with such vigor, it's even better that Yeakel dismissed their ludicrous arguments and protected campus carry.

In 2015, the Texas legislature strengthened their commitment to gun rights at public universities. Senate Bill 11, which came into effect in August 2016, permitted campus concealed carry in campus buildings within reasonable guidelines. Those guidelines vary from school to school. At UT Austin, guns must stay out of sight, and individuals professors can choose to make "gun-free zones" in their offices, provided they post their rules clearly.

Professors Jennifer Lynn Glass (sociology), Lisa Moore (English), and Mia Carter (English) banded together and filed a lawsuit that sought to overturn the new law. One professor argued that the "possibility of the presence of concealed weapons in a classroom impedes my and other professors' ability to create a daring, intellectually active, mutually supportive, and engaged community of thinkers." Their reasoning centered around the idea that students will be unable to speak freelya First Amendment argumentin an environment where other students are armed.

But this logic posits that students will pull guns on each other when they hear ideas they disagree withan unlikely outcome. Even for controversial topics like abortion and, ironically, gun rights, it would be beyond the scope of reason to expect that a classroom conversation would become so heated that a student's life would be threatened.

Judge Yeakel drew on the reasoning in the 1972 free speech case Laird v. Tatum, which said that "Allegations of a subjective 'chill' are not an adequate substitute for a claim of specific present objective harm or a threat of specific future harm."

Yeakel then used the precedent of Laird, and lack of specific evidence, as grounds for dismissal: "Here, Plaintiffs ask the court to find standing based on their self-imposed censoring of classroom discussions caused by their fear of the possibility of illegal activity by persons not joined in this lawsuit. Plaintiffs present no concrete evidence to substantiate their fears" He's right that there's no evidence that this law has caused harm in the way they claim. Unfortunately, Yeakel only addressed a small part of the professors' argumentthe speech-related points. They also brought up issues with equal protection and the law's vagueness, so it's likely that this issue won't be fully laid to rest.

On one hand, it's good that college professors are recognizing the value of creating environments for free speech to thrive in. On the other, this seems like a thinly veiled political move, and it's unlikely that opponents of campus carry laws will be quelled by this lawsuit's dismissal. Hopefully these professors remain committed to the First Amendment principles they hold so dear whenever they're threatened in a classroom environment. They're certainly right about one thing: exchanging ideas freely is the whole damn point of college.

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Judge: Campus Carry Doesn't Hurt Free Speech - Reason (blog)

Dean of Yale Law School: Campus Free Speech Is Not Up for Debate – TIME

Students at Middlebury College shouted down Charles Murray rather than listen to hiscontroversial ideas when he came to speak at their campus in MarchLisa RathkeAP

Gerken is the dean of Yale Law School and the Sol and Lillian Goldman Professor of Law

In this, the summer of our discontent, many college presidents are breathing a sigh of relief that they made it through a politically fraught spring without their campuses erupting. Nobody wants to be the next Middlebury or Claremont McKenna , where demonstrations disrupted controversial speakers.

Law deans, in sharp contrast, have reason to be cheery. Their campuses have been largely exempt from ugly free-speech incidents like these. Charles Murray , the controversial scholar whose speech drew violent reaction at Middlebury, has spoken at Yale Law School twice during the past few years. Students and faculty engaged with him, and students held a separate event to protest and discuss the implications of his work. But he spoke without interruption. That's exactly how a university is supposed to work.

There may be a reason why law students haven't resorted to the extreme tactics we've seen on college campuses: their training. Law school conditions you to know the difference between righteousness and self-righteousness. That's why lawyers know how to go to war without turning the other side into an enemy. People love to tell lawyer jokes, but maybe it's time for the rest of the country to take a lesson from the profession they love to hate.

In law schools we don't just teach our students to know the weaknesses in their own arguments. We demand that they imaginatively and sympathetically reconstruct the best argument on the other side. From the first day in class, students must defend an argument they don't believe or pretend to be a judge whose values they dislike. Every professor I know assigns cases that vindicate the side she favors--then brutally dismantles their reasoning. Lawyers learn to see the world as their opponents do, and nothing is more humbling than that. We teach students that even the grandest principles have limits. The day you really become a lawyer is the day you realize that the law doesn't--and shouldn't--match everything you believe. The litigation system is premised on the hope that truth will emerge if we ensure that everyone has a chance to have her say.

The rituals of respect shown inside and outside the courtroom come from this training. Those rituals are so powerful that they can trump even the deepest divides. As Kenneth Mack recounts in his book Representing the Race: The Creation of the Civil Rights Lawyer, Thurgood Marshall was able to do things in court that a black man could never do in any other forum, like subjecting a white woman to cross-examination. Marshall was able to practice even in small, segregated towns in rural Maryland during the early days of the civil rights movement. The reason was simple: despite their bigotry, members of the Maryland bar had decided to treat Marshall as a lawyer, first and foremost.

The values in which my profession is steeped were once values in politics as well. In 2008, I was one of the lawyers in the Obama campaign's "boiler room." Buses delivered the staff to Grant Park to watch Barack Obama accept the win. We arrived just as Senator John McCain was giving his concession speech on the Jumbotrons. The election was hard fought, and there was no love lost between the two campaigns. But even as the crowd around us jeered, the Obama staff practically stood at attention. It was like watching an army surrender--one of the most moving experiences I remember from that extraordinary campaign.

We need to return to what were once core values in politics and what remain core values in my profession. Make no mistake, we are in the midst of a war over values. We should fight, and fight hard, for what we believe. But even as we do battle, it's crucial to recognize the best in the other side and the worst in your own.

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Dean of Yale Law School: Campus Free Speech Is Not Up for Debate - TIME

Whose Speech Is Free? And at What Social Cost? – Inside Higher Ed


Inside Higher Ed
Whose Speech Is Free? And at What Social Cost?
Inside Higher Ed
It is clear that lawmakers in Wisconsin and elsewhere are attempting to achieve politically neutral college campuses in the name of protecting free speech -- campuses where all speech is considered equally valuable, no matter how morally repugnant, ...

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Whose Speech Is Free? And at What Social Cost? - Inside Higher Ed

Preece: Are you rich enough to deserve free speech or the right to vote? – Roanoke Times

Preece is retired. He lives on a farm in Botetourt County.

On Nov. 14, 2008, the Supreme Court ruling in Citizens United gave corporations the same rights as American citizens by allowing corporations to contribute unlimited amounts of money to political campaigns. The Supreme Court did this by defining money as free speech.

Does it make sense to honor the money of vastly wealthy businesses as free speech when money as free speech buys votes with advertising and obligates leaders to serve the source of that money though contributions? Does it even make sense to honor the money of vastly wealthy individual citizens as free speech when, again, money as free speech buys votes and politicians?

Doesnt money as free speech promote multiple votes for some citizens, and only one vote for others? Doesnt money as free speech defeat the essential idea of democracy? Even if such nonsense made sense, does it make sense for a corporate officer to vote once as himself and a second time as the corporation? Isnt that one man, two votes?

When a voter receives most of the information about a candidate from advertising that has been paid for by corporations and wealthy individuals, such a voters judgement is significantly influenced. The question arises: Does that citizens vote then come from his own judgment or from the intent of the person that paid for the advertising?

When a politician receives most of the money that gets him elected from a particular source, doesnt that obligate him to favor that particular source in his future political judgment? The question arises: Do the future decisions of the politician originate from his authentic judgment or from judgment favoring the money that got him elected?

Amendments to change the U.S. Constitution are provided for in article V of the constitution. Indeed, the first 10 amendments to our countrys living document are called the Bill of Rights. A citizens right to free speech was established by the very first amendment to the U.S. Constitution in 1791. It was intended to protect human beings from the power of the state so that they could speak freely, not so that powerful moneyed interest could be allowed to rule the country like kings and oligarchs.

Thanks to an amendment to the Constitution, America has no slaves. Thanks to another amendment, women get to vote. Thanks to yet another amendment, we get to elect our state senators; and we even get to share an alcoholic drink with a friend if we like.

As American citizens, we have the obligation to advance amendments to our Constitution when we perceive that current laws of the land make no sense. Corporations as citizens makes no sense. We the people need to act to change this. The goal of each American citizen, Republican, Democrat or independent, should be to shift the power of citizenship and the vote back to the people of the United States, and that means away from corporations and big money.

Perhaps you should ask yourself, Should I, an ordinary American citizen, simply accept the present reality that I am not rich enough to deserve the right to free speech or the right to vote? Or should I feel enraged that the ideals of American democracy have been perverted?

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Preece: Are you rich enough to deserve free speech or the right to vote? - Roanoke Times

Conservatives Have a New Free-Speech Warrior – Mother Jones

Kevin DrumJul. 13, 2017 2:00 PM

We have news from National Review today:

National Review Institute is launching the Center for Unalienable Rights, created to be the home of free-speech warrior David French, whose new podcast, The Liberty Files, is a must-listen for anyone who cares deeply about combating the leftist assault on the First Amendment, whether on our campuses or in any other place patrolled by the ruthless Thought Police.

.The Left wants to gag, marginalize, intimidate, shut up, and, if they can, even criminalize conservatives for what we think and what we say. We intend to fight the intolligentsia, in a more focused way. We intend to beat the determined enemies of our unalienable rights. Help us prevail.

You are expecting me to mock this, arent you? But Im not! Instead I have a serious suggestion.

Believe it or not, there are plenty of liberals who are concerned about this stuff too. The safe spaces/microaggressions/hecklers veto/trigger warnings movement is not entirely beloved on the left. If this project were toned down and aimed at free speech repression on both sides, it might actually attract some bipartisan support.

I know thats not really plausible these days. I just felt like mentioning it.

Mother Jones is a nonprofit, and stories like this are made possible by readers like you. Donate or subscribe to help fund independent journalism.

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Conservatives Have a New Free-Speech Warrior - Mother Jones

The ACLU of Oregon Has Emerged as Portland’s Most Consistent Free-Speech Fundamentalists – Willamette Week

In a year when the First Amendment seems under threat from all sides, the American Civil Liberties Union of Oregon has emerged as Portland's most dogged and consistent defenders of free speechno matter who's talking or what they're saying.

"We think that the First Amendment rights are the cornerstone of all of our other rights," says ACLU spokeswoman Sarah Armstrong. "But it can be complicated because we often have strange bedfellows when we're talking about free speech."

Strange bedfellows indeed. The ACLU of Oregon chided Mayor Ted Wheeler for asking the federal government to revoke a permit allowing far-right activists to hold a Trump Free Speech Rally. Just nine days before, Jeremy Christianwho had attended marches held by the same activistshurled racist insults at two Muslim teenagers on a MAX train and then stabbed three men who came to the girls' defense, killing two of them. Wheeler said the city's wounds were still too raw.

But the ACLU wasn't having it.

"The government cannot revoke or deny a permit based on the viewpoint of the demonstrators. Period," the ACLU tweeted in response. "If we allow the government to shut down speech for some, we all will pay the price down the line."

In March, the ACLU had been just as firm in its opposition when the Portland City Council voted to instate a rule banning "disruptive" leftist gadflies from council meetings.

"Free speech is an indivisible right, and everyone has to have it for the whole thing to work," Armstrong says.

Recently, the ACLU of Oregon stood up for those who have very little power to raise their own voices, by taking on laws that bar homeless people from panhandling in Portland and Gresham. The cities settled the case and are currently changing their laws against panhandling after the ACLU challenged them on the grounds that they illegally outlawed an entire class of speech: speech asking for money.

The civil liberties group's most recent free speech victory, on June 28, helped a coalition of conservation groups exercise the right to buy ads in Portland International Airport after the Port of Portland refused to post anti-clearcutting billboards because of their political message.

And there's more: The ACLU had a major victory in April when Portland and Gresham settled in a case involving a woman who livestreamed the police in 2013. A Gresham police officer grabbed Carrie Medina's phone, twisted her arm and detained her, effectively censoring her. The free-speech champions have also put pressure on Portland police to use a lighter touch when policing protests and to stop targeting protest leaders and political activists.

"Being known as a place where people regularly take to the streets, people are surprised when they see what the police response to protest is like here," Armstrong said. "You'll definitely see more from us on protest rights. We're clearly not done."

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The ACLU of Oregon Has Emerged as Portland's Most Consistent Free-Speech Fundamentalists - Willamette Week

What Does Facebook Think Free Speech is For? – Harvard Crimson

Who should decide what is hate speech in an online global community? Thats the question Richard Allan, Facebooks Vice President for Policy in the Middle East and Asia, is asking in the wake of reporting on the social networks content moderation guidelines. Reporting group ProPublicas headlineFacebooks Secret Censorship Rules Protect White Men from Hate Speech But Not Black Childrencaptures our almost dystopian fear of an all-powerful corporation rigging political discourse to serve shareholders, advertisers, and procrastinators the world over. Just imagine the 7,500-strong community operations team as uniformed propagandists searching for content that bucks the party line, and your Orwellian masterpiece is off to a fine start.

At first glance, removing hate speech might seem to depend exclusively on moderators ability to judge which posts cause serious harm to usersa task difficult only because determining that harm is so tricky. Yet as Facebook acknowledges, its own categories of hate speech dont function purely as immunizations from feeling threatened by others online.

For example, categorically demeaning African arrivals to Italy violates the social networks rules, but advocating for proposals to deny refugees Italian welfare does not. And this remains true even if both actions cause comparable suffering to their migrant subjects. As Allan explains with reference to German debates on migrants, we have left in place the ability for people to express their views on immigration itself. And we are deeply committed to making sure Facebook remains a place for legitimate debate. In other words, Facebook will permit some legitimate posts in spite of their potential to harm shielded groups.

What kind of debate qualifies as legitimate in Facebooks eyes? The company doesnt say. One approach is to classify hateful content, like much-scrutinized fake news, as a subset of false speech. Group-focused hate speech contains generalizations or arguments that take no time to debunk, while more involved political content requires prohibitive resources to fact-check properly.

However, even if removing egregiously incorrect posts were a good idea, Facebook uses other variables to decide the boundaries of legitimate discussion. When then-presidential candidate Donald Trump called for a ban on Muslims entering the United States, he likely ran afoul of the sites rules against calling for exclusion of protected classesbut reports indicate that Facebook CEO Mark E. Zuckerberg, a former member of the Class of 2006, permitted the content to remain on his platform because it was part of the political discourse. The companys efforts to exclude hate do not amount to eradicating falsehood.

Facebooks selective moderation suggests that legitimate content for the company is not necessarily true or respectful content, but material whose publication it deems valuable from the publics point of view. Even if the social network could have stopped users from hearing Trumps Muslim ban speech, for instance, doing so would have prevented voters from learning something important about the candidates policy preferences.

This desire to inform citizens just illustrates how any outfits censorship practicesor lack thereofreflect a normative set of ideas about what best serves the interests of users. When Facebook, Google, or others frame content regulation as concerned with the safety of users, they mask the extent to which that safety is just one piece of a broader, and possibly controversial, conception of how we should lead our digital lives.

A social network that helps to structure the discourse of nearly two billion individuals ought to justify the design it chooses for them. And to its credit, Facebook seems more interested than just about any other technology company in giving explicit voice to its vision of building global community. But the fact that the companys moderation guidelines were developed ad hoc and without user input over the span of several years is worrying and hard to defend. When we stop pretending that online platforms are amoral structures, we also see the urgent need to scrutinize their foundations.

As it stands, the question of who ought to define and regulate hate speech is a moot one. With the exception of some European authorities, Facebook and other companies are already answering it for us, whether or not we accept their verdicts. Undoubtedly, many well-intentioned technologists envision a future in which online platforms guide political and social debate to be as robust as possible. But absent major changes, we can only hope that their utopia is not our dystopian future.

Gabriel H. Karger 18 is a philosophy concentrator in Mather House.

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