Op-Ed: Free Speech Held Hostage in Baku – Armenian Weekly

By Aris Govjian

Within a single month, the government of Azerbaijan has managed to quote Nazi propaganda in its campaign against minorities, arrest a Jewish journalist for speaking the truth, and bomb regions where they were scheduled to meet for peace talks.

Lapshin being detained in Baku (Photo: Interfax)

This is reality for Azerbaijan, and unfortunately, for its minorities.

While it is commonplace for Baku to disseminate propaganda stylized after Europes worst fascist regime against its minorities, and to reward the killings of innocent people with land and wealth, it is not all too common to see a citizen of Azerbaijans ally, Israel, get caught in the crosshairs.

For the first time, a journalist has been arrested under Bakus disturbing blacklist provision. The criminalization of free speech and journalism is both inhumane and brings to light the level of corruption in Azerbaijan and Belarus.

The arrested blogger, Alexander Lapshin, faces steep punishment in Azerbaijan. His crime? He visited a region where the native population still reside and wrote about it on his blog. This region is none other than Artsakh, as it is known by the people who have lived there for thousands of years, and known as Nagorno-Karabagh (NKR) internationally.

Alexander spoke honestly about the local people, and the inhumane violence unleashed upon them by the Azeri government. The president of Azerbaijan rules in dynastic fashion, where his family and close relatives hold power, and have done so for generations. This comes with great expense to its peoples freedoms and aspirations for a better life.

Aliyevs regime needs to keep prejudices in the population high in order to keep a teetering stranglehold over the oil wealth of his nation. Rather than mend the wounds of a violent past caused by Stalins policies of division, he continues to perpetuate a state of chaos for his country and the region.

Alexander Lapshin deserves freedom. It is a disgrace of Belarus government to extradite him. He must be freed. We must do more to bring light on this issue to the world. In order for the government to change its policy of oppression and genocide towards the native population there needs to be a blockade placed upon Azerbaijan. There needs to be increased pressure to free Alexander, and it needs to come from Israel and Russia too.

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Op-Ed: Free Speech Held Hostage in Baku - Armenian Weekly

Deconstructing the ‘Liberal Campus’ Cliche – The Atlantic

Are American universities now spaces where democratic free expression is in decline, where insecurity, fear, and an obsessive, self-preening political correctness make open dialogue impossible? This was a view voiced by many at the start of the month, after the University of California, Berkeley, canceled a speech by the right-wing provocateur, Milo Yiannopoulos, when a demonstration against his appearance spun out of control. Yiannopoulos had been invited to speak by campus Republicans, but headlines the next morning were dominated by images of 100 to 150 protesters wearing black masks, hurling rocks, fireworks, and Molotov cocktails en route to doing $100,000 dollars of damage to a student center named after the great icon of pacifist civil disobedience, Martin Luther King, Jr.

The university itself quickly rejected the rioting group of protesters, issuing a statement that read: We deeply regret that the violence unleashed by this group undermined the First Amendment rights of the speaker, as well as those who came to lawfully assemble and protest his presence. But official disavowals were not enough to spare Berkeleywhich consistently ranks as the top public university in the countryfrom headlines depicting it as yet another college campus succumbing to anti-democratic sentiments. These headlines were followed by high-profile denouncements, from Donald Trump calling for defunding the university to the Dilbert cartoonist Scott Adams announcing he was ceasing his alumni giving.

Berkeley is only one of a growing number of universities that have been highlighted as waning in their commitment to free speech. A little over a year ago, Yale came under scrutiny for a notorious case involving a debate about censoring Halloween costumes on campus. And last spring The New Yorker published an in-depth investigation of how a new activism at Oberlin College had weakened a sense of open dialogue. A few months before that The Atlantic also ran a big cover story highlighting how in the name of emotional well-being college students across the country were now increasingly demanding protection from words and ideas they didnt like.

Such reports have in turn reinforced a longstanding political narrative, which seeks to demean Americas universities as ideologically narrow, morally slack, hypersensitive, and out of touch. For example, commentators like the New York Times columnist Ross Douthat have argued that Americas university system is genuinely corrupt in relying on rote appeals to left-wing pieties to cloak its utter lack of higher purpose.

But does this widespread portrait of universities as morally weak and anti-democraticcirculating at least since the time of Allan Bloomreally hold true? This vision of American universities is largely inadequate in at least two ways. First, it incorrectly blames increased fragility exclusively on the university system itself and, second, it relies on a reductive caricature of Americas institutions of higher learning.

Undoubtedly a threatened sense of identity has led to a rise of some left-wing students making unreasonable demands in terms of censoring or excluding certain material. For example, at Oberlin College there was increased pressure on administration and admissions to expunge the institution of imperialism, white supremacy, capitalism, ableism, and a cissexist heteropatriarchy. As part of this one student prominently called for trigger warnings so that students could prepare themselves for emotionally-challenging texts like Sophocless Antigone. This call in turn vexed faculty, other students, parents, and administration, generating divisions on campus. Yet a closer look reveals that the fragility of identity politics is far from limited to the left on college campuses.

Identity politics places individual and group notions of selfhood at the center of politics. As the philosopher Charles Taylor has argued at length, the main goal of identity politics is recognition or validation of a given identity by others in society. I have written elsewhere about how identity politics (normally associated with American liberalism) is actually a major engine fueling the rise of Trump. The categories of left and right often distort the ways in which cultural trends, like those associated with identity politics, are far more widely shared across American life. While some left-wing groups on campus are guilty of retreating from open dialogue, a conservative-identity movement has likewise tried to buffer students from having to hear ideas that upset them.

One of the more troubling examples of this is the attempt to stigmatize certain professors through the website ProfessorWatchList.org, which compiles lists of professors that purportedly need to be monitored due to their radical agenda. This website professes to fight for free speech and the right for professors to say whatever they wish but at the same time it publicly isolates professors whose perspective is seen as offensive or shocking to conservative students. Through the use of this website students can now know before they ever walk into their college classrooms if their professor is too radical to take seriously (or perhaps even too radical to take the class). At best the website serves as a massive trigger warning for conservative-leaning students; at worst it is a modern Scarlet Letter.

Because both the left and the right more generally are struggling to muster the confidence to be routinely exposed to dissenting points of view, it is neither fair nor constructive to lay the problem of hypersensitivity at the feet of Americas liberal universities. Rather, America as a whole is experiencing an extraordinary sense of fragility around identityuniversities, like the rest of America, find themselves immersed in these tensions.

Reducing American universities to inaccurate clichs about the collegiate left does serve a hard-nosed political function: It marginalizes, excludes, discredits, and diminishes these institutions and intellectuals more broadly from public debate and office. This is part of a much longer tradition of anti-intellectualism in America, first tracked by Richard Hofstadter and more recently chronicled by Susan Jacoby. This culture of anti-intellectualism is likely an important factor in why the number of American professors who serve in Congress is dwarfed by politically dominant professions like lawyers and businessmen.

It has been a standard trope since at least the 1960s to dismiss the liberal academy and its intellectuals out of handas when William F. Buckley famously quipped that he would rather be governed by the first 2,000 names in the Boston telephone directory than by the faculty of Harvard. More recently the American right has routinely celebrated books by authors like Roger Scruton and Michael Walsh who rest the responsibility for what they see as an apocalyptic civilizational collapse squarely on the shoulders of professors in college classrooms.

But these attempts by other elite groups within society to gain popular political power by attacking universities and intellectuals has only been possible through distortions of reality. The ideological reality of American universities is in fact much more complex than the readymade bromides of the culture war. As of 2016, the United States is home to more than 4,000 institutions of higher education. Among them exists tremendous heterogeneity when it comes to educational missions, specialty and focus, civic and spiritual goals. A total picture of Americas academy would include everything from bustling state schools like the University of Alabama to small Catholic colleges like Thomas Aquinas College; it would span elite Ivies like Harvard and Princeton and highly affordable community colleges like Santa Monica College; it would include places specializing in sciences and engineering like Colorado School of Mines and art institutes like Rhode Island School of Design. American higher education has in part excelled due to a willingness to generously fund and support a wide diversity of institutions.

Even the internal life of universities is far more complex and diverse than the standard anti-intellectual story about them is able to capture. There is, for example, a great variety of ideological and political sensibilities found across the faculties of American universities. At the philosophical level, law schools unsurprisingly tend to presuppose a certain basic deference toward American ideological and legal norms; departments of economics are often (though not always) heavily shaped by classical economics and theories that incline toward advocacy of markets; a similar point could be made of business schools. Humanities and social-science faculties in the United States for their part have scholars of great books, humanists, and, yes, radicals.

Berkeley itselfperhaps the American university with the strongest reputation for liberal activismis far more complex a place than the standard caricatures allow. (I know because I completed my graduate education there and yet now teach at a private Christian university.) For example, Berkeley hosts a wide range of political clubs, including the largest College Republicans group in the state of California. It is also home to more than 50 student religious organizationsincluding everything from evangelical and Catholic to Jewish, Muslim, and Buddhist groups. This diversity of spiritual options is hardly the same as the lack of higher purpose held together by a few empty left-wing pieties described by Douthat. A pluralism of spiritual traditions housed by the same university is not the same as a vacuum, much less a single monolithic liberal voice. Indeed, how many people know that in addition to seven Nobel Laureates, Berkeley also has John Yoo, one of the countrys most prominent conservative legal scholars on the law faculty (who zealously defended some of George W. Bushs most controversial policies)?

Ultimately, the deep philosophical problem with the standard political narrative about Americas universities is that it is far too essentialist and reductive. The criticisms are essentialist because they hold that American universities can be fairly described in terms of a few core features (liberal, hypersensitive, intolerant); theyre reductive because they assume that other complex aspects of university life can be simplified to these elements. But is the professor who holds unorthodox or even radical political views really unable to shed light on the poetry of T. S. Eliot, the paradoxes of behavioral economics, or the history of religion? America impoverishes itself when it determines beforehand whom it can and cannot learn from in this way.

Any society that routinely attacks and undermines the institutions that support its greatest minds is caught up in an act of either extravagantly nave or profoundly sinister self-sabotage. Americas college campuses remain places of astounding diversity in which democratic exchange of the highest kind still routinely takes place. The countrys university system remains, with all its imperfections, the best school for American democracy.

If the United States is to flourish in the coming generation in the way it did in the prior century, it will need to embrace and even learn from the diversity and dialogue of its universitiesnot destroy them through simplistic grabs for popular power.

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Deconstructing the 'Liberal Campus' Cliche - The Atlantic

Editorial: Heavy price for stifling free speech on campus – STLtoday.com

The University of California at Berkeley faces threatened suspension of federal funds after a student protest against a right-wing nationalist speaker turned violent on Feb. 1. President Donald Trump has entered the fray in an overreaction that caps a series of miscalculations on almost everyones part. The only winner appears to be the extremist speaker and his supporters.

Trump tweeted a threat that If U.C. Berkeley does not allow free speech and practices violence on innocent people with a different point of view NO FEDERAL FUNDS?

The Berkeley protesters unquestionably went too far. Student organizers said it was supposed to be a peaceful protest, but it instead turned into a chaotic riot scene where masked, ninja-style rampagers took control. Campus police were caught ill-prepared to contain the violence.

Trump also went overboard by threatening to punish an entire university for something over which students, faculty and administrators had little control. If the president follows through, student aid recipients who had nothing to do with the protests could be made to suffer.

The protests were organized against a speech by Milo Yiannopoulos, a senior editor of Breitbart news who is known for caustic public stances and promotion of white supremacist views. His former boss is Stephen Bannon, who is now a senior adviser to Trump.

College campuses around the country, including at the University of Missouri, are under fire for allowing an atmosphere of ideological intolerance to develop. Conservatives have rightly critiqued them for being liberal echo chambers that fail to instill respect for opposing views. For many critics, including Trump supporters, the Berkeley protest affirmed that belief.

Masked protesters threw rocks, set fires and destroyed property, making themselves look like wild, violent thugs worse versions of the very figure they were condemning.

Even though the university had to cancel Yiannopoulos speech, he emerged the victor. He landed interviews on major news outlets and posted a YouTube video that received 1.3 million views. Breitbart.com now advertises $19.95 Free Speech is Burning T-shirts.

During Trumps inauguration, prominent white nationalist Richard Spencer was sucker-punched in the face during a video interview on a Washington street. On internet sites, the question was posed: Is it ever OK to punch a Nazi? The correct answer is no. But a shocking number of online responders answered affirmatively.

Instead of making their voices heard, protesters and critics of the white supremacist movement wound up discrediting themselves and boosting their critics.

None of this justifies Trumps threat to the university. One-third of Berkeley undergraduates depend on federal Pell Grants as part of their aid packages. Universities find themselves in a double bind between protecting free speech and public safety in such situations. But the onus remains on student organizers: Maintain control of your protesters, or lose control of your message.

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Editorial: Heavy price for stifling free speech on campus - STLtoday.com

‘Milo Bill’ would protect freedom of controversial speech on Tennessee campuses – Washington Times

Breitbart editor Milo Yiannopoulos and other controversial figures would be welcomed to speak at colleges in Tennessee if the state legislature approves a bill proposed by Republican lawmakers this week.

State Rep. Martin Daniel and Sen. Joey Hensley introduced the Tennessee Freedom of Speech on College Campus Bill on Thursday in an effort to prevent schools from adopting policies that shield individuals from ideas and opinions considered unwelcome, disagreeable or even deeply offensive.

Campus free speech is being challenged by restrictive speech codes; speaker bans and disinvites; safe spaces and trigger warnings; and administrators who feel pressured to placate demonstrators, Mr. Daniel said at a press conference Thursday where he introduced the bill, The Huffington Post reported.

We just want to ensure that our public universities give all students the right to free expression, Mr. Hensleysaid, according to Breitbart.

Dubbed the Milo bill, the proposal was introduced after Mr. Yiannopoulos recent college speaking engagements were plagued by protests some which descended into riots and cancellations.

An event at the University of California, Davis, last month wascanceledover safety concerns just moments before he was slated to take the stage, and protests held in response to a similar event scheduled for UC Berkeley this month erupted into a fiery rampage.

Organizers of the canceled Berkeley event claimed afterwards their right to free speech was silenced by criminals and thugs, and President Trump responded on Twitter by threatening to withhold federal funds from the school.

We dont want this happening in Tennessee, what happened in California, Mr. Hensley said Thursday.

Public universities have abdicated their responsibility to uphold free speech principles, and these failures make it appropriate for all state institutions of higher education to restate and confirm their commitment in this regard, his bill reads in part.

Too many times weve seen classrooms where the professor doesnt want to hear both sides of an issue, weve heard stories from many students that, honestly, are on the conservative side that have those issues stifled in the classroom. We just want to ensure our public universities allow all types of speech, Mr. Hensley said Thursday.

Mr. Yiannopoulos, whom detractors have accused of peppering his talks with hate speech, applauded the lawmakers proposal in a prepared statement.

We are winning the war. And we will continue to win as long as students, and now defenders of free speech within the government, stand up to ivory tower intellectuals and left-wing administrators intent on shutting up any speech they dont find convenient, he said.

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'Milo Bill' would protect freedom of controversial speech on Tennessee campuses - Washington Times

Lloyd Waters: Free speech or anarchy? A dilemma – Herald-Mail Media

Hey, I was thinking about having a free speech rally with a few of my buddies from Dargan. Are you interested in joining us? About 75 individuals have already signed up.

What are we protesting? All those years that people considered Dargan a second-class community and looked at us funny when we said, Hello, Im from Dargan.

Seriously, we are still a little upset. Its the beginning of a movement.

A respected Dargan gentleman is bringing some hooch (aka moonshine).

All members of the group will be wearing dark hoodies and masks to blend into the night, so you wont be able to identify us on TV.

Were bringing some ax handles and picks to break out a few windows. And a few matches to light some trash cans on fire.

A little entertainment always goes nicely with a free speech demonstration.

You know how this works, right? Once we break a few windows and start some small fires, everyone will want to know why we are protesting. The cameras will be there long before the police.

I will then come from the back of the pack to give my speech. Youll know its me because Ill be the one with the bullhorn. (Dont give away our little secret.)

The ACLU will represent me, should I be arrested and go to jail. Its what the ACLU does.

Its really no big deal going to jail anyway, for exercising your right of free speech. They usually turn you loose with no fine or penalty.

Im thinking well have a few of our Dargan ladies lock arms and block a major highway to create some additional havoc and prevent some folks from going to work or to the hospital.

We will try our best not to hurt anyone, just as long as I can deliver my speech to all of you anti-Dargan folks. If you get upset with the broken windows and the burnt trash cans, and a little lateness getting to work, or to the hospital if youre sick, I extend my apologies. But I really dont care very much about those things because, on this night, Im a protestor expressing my rights to free speech.

Its also really important to me that the world knows how upset we are in Dargan.

Now, I know some of the boys will want to put some of that hooch in a bottle and burn up a few police cars along the way, but Ive already told them thats taking free speech a little too far. And, besides, thats a poor waste of some good hooch. They all agreed. Dargan protesters are really quite professional and peaceful.

No police cars will be burned. We support the local police although, in Dargan, we dont have any.

We were planning to return a second night to protest the election of Donald Trump as president, but most of the boys didnt vote in the first place, so we didnt feel right doing that.

After I give my speech to explain why we are protesting, I will tell you the difference between free speech and anarchy (a state of lawlessness or political disorder due to the absence of governmental authority). Or maybe Ill let you find out that difference for yourself.

If our first protest goes pretty well, Ill be soliciting some additional support from Sandy Hook, Bedington and a few other small towns. So we might close a few airports, the Mall of America and some railroads in Brunswick to get our cause some nationwide coverage.

If you want to save yourself a little trouble and avoid the broken glass, fires and destruction, just send me your apology and tell me in a three-page, handwritten letter Why I Love Dargan, and no more free speech demonstrations will occur in your community.

If we dont hear from you, well be getting some more hooch and schedule another protest in your neighborhood real soon.

Dont get so excited, OK? Im only kidding. Dargan loves you.

Lloyd Pete Waters is a Sharpsburg resident who writes for The Herald-Mail.

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Lloyd Waters: Free speech or anarchy? A dilemma - Herald-Mail Media

Spiked: nine out of 10 UK universities ‘restrict free speech’ – Times Higher Education (THE)

University administrations are becoming increasingly censorious, with nearly a quarter of them having actively censored speech and expression in 2017, according to online magazine Spiked.

The Free Speech University Rankings (FSUR), issued by Spiked, claimed that there are now more students unions that do not censor speech in any way than university administrations a reversal of the findings in the previous two yearsof the survey.

The survey assessed 115 institutions. Using a traffic light system, FSUR gave a red assessment to 23.5 per cent of university administrations up from 15 per cent in 2016. According to the survey, these universities are hostile to free speech and free expression, mandating explicit restrictions on speech, including, but not limited to, bans on specific ideologies, political affiliations, beliefs, books, speakers or words.

Although 64 per cent of students unions were red, 16 were given green ratings meaning they have not restricted or regulated speech and expression compared with 12 university administrations.

The FSUR found 73 institutions taking administration and students unions as a whole were red. With 35 given an amber assessment, it means that 94 per cent of universities censor or chill free speech to some degree, according to Spiked. There were only three institutions in the UK with no instances of supposed censorship in 2017: the University of Wales Trinity Saint David, the University of Buckingham and the University of the West of Scotland.

In his introduction to the ranking, Tom Slater, FSUR coordinator and deputy editor of Spiked, wrote that the publication had always argued that campus censorship was about more than the so-called snowflake generation throwing its weight around.

Commenting on the results, Mr Slater said that universities are systematically stifling free speech on campus, while students unions take all the flak.

Students unions have been pilloried for censoring transphobic speech and enforcing transgender pronouns. But our research shows the vast majority of policies in this area stem from universities themselves, he said. While students unions are significantly more censorious and deserve all the criticism they get universities often share and affirm their illiberal, patronising outlook.

The most restrictive included four Russell Group universities with Swansea University joining the University of Oxford, the University of Edinburgh, Newcastle University and Cardiff University.

Among institutions actions considered restrictive by the rankings, there were 129 bans. Of these, 21 institutions banned speakers, 20 banned newspapers, and nine have banned offensive fancy dress, according to Spiked. And 44 per cent of institutions had no platform policies banning fascist, racist and Islamist groups, 43 per cent had censorious religion and belief policies, and 34 per cent had similarly restrictive transgender policies, the magazine said.

The Spiked report said that there was a ban on dressing up as Caitlyn Jenner at Newcastle University, a restriction on blasphemy at London South Bank University, and a policy at the University of Surrey insisting that its mascot, Steve the Stag, isnt depicted by students drinking, smoking or involved in lewd acts.

john.elmes@tesglobal.com

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Spiked: nine out of 10 UK universities 'restrict free speech' - Times Higher Education (THE)

Free speech must work both ways | Opinion | dailyitem.com – Sunbury Daily Item

They have been called a generation built on participation trophies, safety zones and potentiallyunprepared for the real world.

We would refer to the current crop of protesting college studentsas passionate Americans, whose ideologies and values remain works in progress as were all of ours at that age. They are continuing a tradition of peaceful discourse dating back generations.

Criticism of public demonstrations on campuses both locally and across the nation are unfair. Protesting is part of the American way and we encourage todays youth to continue these peaceful exchanges as did preceding generations.

We would remind them, however, that just because you disagree with something doesnt mean its wrong. It was disappointing to see the cancellation of a speech by Breibarts MiloYiannopoulosat the University of California at Berkeley. The event was called off following violence in advanceof the speech which ledto realistic safety concerns. A university spokesman said it was not a proud night for this campus, the home of free speech.

However, it personified the hardest part of free speech to comprehend: That the other side has an equal rightto the First Amendment.

Following the cancellation, The Los Angeles Times editorialized that literature circulated at the protestsaid Yiannopoulos has no right to speak at Cal or anywhere else because hes a tool of Trumps possessive fascist government. This is just the latest variation on the age-old argument of the censor that error has no rights, or, put another way, that one only has a right to free speech if one is speaking the truth. Its an insidious notion that needs to be opposed in every generation.

In this context, weve tilted toward a nation where the loudest voice wins, where meaningful, thoughtful and smart people cant have legitimate disagreements, ordiscuss them witha reasonable and civildialogue. Things arent helped when the nations leader resorts to tweeting in ALL CAPS to make his point.

We are happy students are standing up. We were glad tostudents at Danville voiced their disagreement when school officials closed the curtain of Avenue Q. Those students were informed and involved, and made a decision they felt was justifiedafter voicing their opinion.

Get involved. Stay involved. Stay informed. Be civil and peaceful. Be sure to listen, too. Its all part of the process, like it or not.

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Free speech must work both ways | Opinion | dailyitem.com - Sunbury Daily Item

Alphabet’s Project Shield And Eliminating DDOS Attacks On Free Speech – Forbes


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Alphabet's Project Shield And Eliminating DDOS Attacks On Free Speech
Forbes
Most of the world's Internet-connected netizens know of Google through its wildly popular consumer-facing products like its search engine and YouTube video hosting platform. Yet, Google's parent company Alphabet also operates a fascinating think/do ...

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Alphabet's Project Shield And Eliminating DDOS Attacks On Free Speech - Forbes

Colorado campus free speech bill hits bump over voter registration … – The Colorado Statesman

Roshaunda Mclean and David Baughn register students in Columbia, Mo., Sept. 25, 2012. (KOMU News via Flickr)

On Friday, state Senate Democrats attempted to amend a campus free speech bill to include voter registration activity among the kinds of speech the bill marks out in particular for protection.

All 18 Senate Republicans voted down the amendment on the Senate floor. Democrats took turns speaking in favor of the amendment.

The bill now enumerates a students constitutional right to speak as speaking verbally, holding a sign, or distributing flyers or other material.

Sponsor Tim Neville, a Littleton Republican, argued that voter registration was already protected speech, but he didnt seem adamantly opposed to the idea of including with the other types of speech listed in the bill. He added that he welcomed House members to take up the discussion after the bill moved through the Senate.

Sen. Steve Fenberg, a Boulder Democrat and the founder of youth voter registration group New Era Colorado, led the effort to amend the bill. He said the act of registering to vote is protected but that acting to help or encourage others to register to vote may not be protected.

Lizzy Stephan, executive director at New Era, said campuses often restrict voter registration drives conducted by students and by New Era organizers and volunteers.

It happens in a variety of ways, she said. Where you can set up to register people, when you can register people, how far in advance you have to notify the campus that youre planning to register people. They restrict how loud you can be, what kind of equipment you can bring like tables, for example.

The restrictions Stephan described sounded much like the kind of uneven and sometimes unpredictable or adjusted-on-the-fly restrictions that also vary from campus to campus that witnesses in favor of the bill had listed during the Senate committee hearing last week in which Nevilles bill won bipartisan unanimous support.

If were talking about the right to free expression, its right to include voter registration activity, said Sen. Andy Kerr, a Lakewood Democrat, during floor debate. Its a cornerstone of our democracy that folks get out and vote, and you cant do that unless youre registered.

Why wait for the House to consider the idea, added Sen. Kerry Donovan, D-Vail.

The sponsor acknowledged we should consider this in the House. We should fix it now, she said.

Fenberg said he would have voted for the bill Friday if it had included the amendment.

Unspoken in the debate was the fact young voters tend to vote for Democratic political candidates, a fact that matters in a swing state like Colorado, especially one where the youth voting bloc is a significant and reliable electoral demographic.

The Senate discussion points to possible bumps in the road for a bill that has enjoyed surprise bipartisan support.

Nevilles bill taps into national debate that has seen conservative cable news figures clash with university students and administrators. Conservatives in recent years have argued that campuses have gone too far in attempting to combat societal bias and abuse by encouraging communication that lifts up members of university communities, including members of persecuted or marginalized minority groups, and discouraging communication that offends or degrades or fosters division.

Nevilles bill passed Fridays second reading in the Senate. It will undergo one more reading in the upper chamber before it moves to the House.

The bills House sponsor, Rep. Steve Humphrey, told The Colorado Statesman on Wednesday that he was optimistic about the bills chances in the Democratic-controlled lower chamber.

I think once people heard what the bill was really about, they were like, Well, there are no bogey men in the bill. They found out its really about free speech and not restricting it to some postage stamp area in a corner of the campus, which I think we can all agree is a good idea.

john@coloradostatesman.com

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Colorado campus free speech bill hits bump over voter registration ... - The Colorado Statesman

Censorship versus free speech at a very local level – San Francisco … – San Francisco Chronicle

Free expression seems to be top of mind in the Bay Area these days. Ive been thinking about it, too but not in the context of how one should respond to a decadent disrupter whos chosen to threaten vulnerable people as part of his personal brand.

No, Ive been thinking not about Berkeley but about a quieter case in San Jose.

Thats where the Rev. Jeff Moore, a counselor at Independence High School in San Jose and president of the San Jose/Silicon Valley branch of the NAACP, was putting together the annual Black History Month display for the district office of East Side Union High School District.

Moore had seen and liked the work of Mark Harris, 47, a San Francisco painter and mixed-media artist. So he asked Harris to pull together a small exhibit of his work. Harris agreed. He drove down to San Jose and installed the work in the districts display cases on Jan. 30.

On Jan. 31, Harris woke up to a two-line email from Moore, saying that his work had been taken down.

So began a local censorship controversy thats stretched into a third week. Multiple media outlets have covered the story, and the National Coalition Against Censorship has taken an interest.

I should mention that Harris was an acquaintance of mine before any of this happened.

"Immigration Theory," a mixed-media piece by Mark Harris

"Immigration Theory," a mixed-media piece by Mark Harris

But my hunch is that Id probably have the same response even if I didnt know him: oh, no.

Pretty much, Harris said, Ive never had this happen before. Its disappointing because we have to tackle these issues if were going to come together as a country. And what better place to start this conversation than a school district?

Moore said hed hung Black History Month displays at the district for several years in a row, with no problems. Previous displays had been portraits of civil rights leaders, libraries of slave narratives and other pieces from Moores home.

This year, I thought these paintings were educational and gave us a chance to be in a dialogue with what America is talking about, Moore said.

The paintings are definitely political, verging on agit-prop: They juxtapose wholesome, 1950s-era kitsch images of white America with images of slavery, the Confederate flag and anti-police-brutality protests. These are certainly ideas that are in the public conversation.

I called Chris Funk, the superintendent who removed the paintings. He described the incident as a big misunderstanding.

This was an unfortunate incident that had nothing to do with Mark Harris, Funk said. It was about an employee who didnt have permission to display that work.

Moore didnt receive district approval for the contents of the display before inviting Harris to install his work, Funk said. After Harris left, Funk said he was called out of a meeting because parents and staff members had complained about the works content.

So he took all of it down.

When the public comes into the district office, they have an expectation that they shouldnt be surprised by provocative or political artwork, Funk said. Our responsibility is to provide a safe place for discussion, not to push an agenda.

Den of Iniquity, a mixed-media piece by Mark Harris.

Den of Iniquity, a mixed-media piece by Mark Harris.

I didnt find this convincing, for a few reasons. The first and most obvious reason is that children watch adults in classrooms push agendas each and every day.

The idea of a neutral, idea-free education may be a comforting one for adults, but no child would be naive enough to believe it, and theyre right.

The second reason I found Funks argument unconvincing is the matter of providing the specific students at East Side Union High School District with a safe place for discussion. East Side Union is a majority-minority school district 46 percent of the students are Latino, 34 percent are Asian. Only 8 percent of students are white, as is Funk.

How in the world, I asked him, can you say youre providing those students with a safe place for discussion if the political viewpoints of people of color African Americans, in this case are considered to be too controversial to be admitted?

Funk returned to the idea of a process that hadnt been followed.

The good news is that all of the attention inspired Harris and Funk to sit down and hammer out a solution. At 6:30 p.m. on Wednesday, Feb. 15, the districts office will host a workshop with Harris, the students and their parents.

The workshop is open to all of the districts students, parents and with an RSVP the public. Harris plans to lead the students through a discussion of his work and ask them to talk about their own reactions.

Its a great moment to talk about these issues, and I want the kids to feel empowered to do so, Harris said. Weve been ingrained to not discuss this stuff, and its not healthy.

Tell me about it. If the district officials had been a little more comfortable talking about difficult issues, this entire mess could have been prevented.

Caille Millner is a San Francisco Chronicle staff writer. Email: cmillner@sfchronicle.com Twitter: @caillemillner

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Censorship versus free speech at a very local level - San Francisco ... - San Francisco Chronicle

Poll of High Schoolers: No, Free Speech Shouldn’t Protect ‘Offensive … – Townhall

One of the reasons that Mary Katharine Ham and I wroteEnd of Discussion in 2015was our rising concern that Americans -- younger ones in particular -- are gradually adopting an increasingly hostile posture toward free speech and the open debate. One of the Left's most cynical ploys in stifling political discussions is to brand ideas they oppose as hateful and offensive, and therefore morally unworthy of further consideration. They seek to "win" debates, we wrote, by short-circuiting the process and preventing those debates from happening in the first place. Ours is largely a cultural critique, leaving detailedconstitutional analyses andjournalistic exposes of bureaucratic abuses to others. But citizens' views of what the constitution does, or should, protect can be heavily influenced by cultural pressures, which is why some key bits of thissurvey of American high school students conducted by the Knight Foundation are ratheralarming:

Yikes. Some of these results are open to interpretation becausethe question doesn't really drill down too far. If kids think that "bullying" is synonymous with "specific threats of physical violence," they'd be right that free speech protections wouldn't apply. But if they think that "you're fugly" tauntsor "gay people are degeneratesinners" assertionsrise to the level of speech that can be banned orcriminalized, we're in more serious trouble. One of the positive data points in this poll is that 91 percent majority atop the bar graph. Allahpundit notes that the percentage of students who believe that unpopular speech is aprotected right(to reiterate, so much of this comes back to the degree of under-exploredoverlap between "unpopular" and "offensive" or "bullying") has risen by eight points since this survey's 2004 installment. That's real, hearteningprogress, as is theslow but steady incline in the blue line onthis chart:

Students are less disposed than ever to believe that the First Amendment's safeguards of fundamental rights are too excessive. That's reassuring, but only to a point. AP mines another nuggetfrom the results: "Worse yet, when the Knight Foundation asked students whether free speech is more important than protecting someone from being offended, just 64 percent said yes a majority, sure, but not even a two-thirds majority." That top line result is dragged down by smaller majorities of high schoolers of color (Asians, Hispanics and especially blacks) who believe that the value of upholdingfree speech trumps the value of insulating somebody from taking offense. One of the more insidious tactics of the anti-discussion mob has been to conflate offensive speech with physical violence, rooted in a capacious definition of what constitutes "safety." To the extent that this trick successfully and lastingly manipulatesyounger generations may determine whether free speech and expression remains a core American value. Remember, it's unpopular/offensive/bullying speech that tests the principle. It's relativelyeasy to protect anodyne, civilly-expressed speech; it's the nasty stuff that is much harder, and thereforeespecially vital, to shield from the bipartisanauthoritarian impulse to ban and silence. All said,findings of this survey are enough of a mixed bag as to nurture some cautious optimism and stave off outright despair, but there are some red flags flying, too. Via the inimitableIowaHawk,I'll leave you with this simple but incisive insight that ought to giveanyone inclined toward the"let's ban offensive or bullying speech" position serious pause:

This point cuts both ways. Do conservatives want these terms and standards set by hysterical triggered snowflakes who value "protection" from ideas over free speech? And do liberals want those definitions determined and enforced by, say, a thin-skinned populist/conservative president with little tolerance for criticism of any sort? The uniting solution is to link arms andkeep free speech as free as possible -- and the (needed and appropriate) exceptions to that rule (excluding hate speech)as narrow as possible because the principle,and everyone's right to open expression,is potentiallyat stake. Politics are cyclical. Ideological pendulums swing. Values must endure. Can we count on our high school teachers to convey this truth and pass along this American torch to the next generation? I'd like to hope so, but again...yikes.

Trump Won't Appeal Ninth Circuit Ruling, Might Issue A New Executive Order Next Week; UPDATE: WH Says All Options Still Being Considered

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Poll of High Schoolers: No, Free Speech Shouldn't Protect 'Offensive ... - Townhall

Shopify Won’t Remove Breitbart’s Online Shop, Claiming Free Speech – Fortune

Steve Bannon, former head of Breitbart News and senior counsel to President TrumpEvan Vucci AP

In recent days, Silicon Valley executives have been among the most vocal opponents of Trump administration policies, including its travel ban. At the same time, stores including Neiman Marcus and Nordstrom have backed away from selling Ivanka Trump merchandise, despite presidential protest .

But ecommerce company Shopify is heading in the opposite direction. Company co-founder Tobias Lutke is offering support to far-right website Breitbart News, and says it will continue to sell the sites political merchandise on its platform as a matter of free speech. Breitbarts merchandise includes politically themed t-shirts, mugs and doormats that support Trumps proposal for a border wall, and the Second Amendment right to own guns, among other things.

Steve Bannon, a senior counselor to President Trump, co-founded Breitbart in 2007. The site is known for its inflammatory views on women, racial and sexual minorities, immigrants, and Muslims.

In a blog post from Wednesday, Lutke said that despite more than 10,000 emails, tweets and messages urging him to terminate the relationship, Shopify's stance is about protecting free speech.

Related: How These 3 Bills Could Make It Much Harder to Hire Foreign Workers

We dont like Breitbart, but products are speech and we are pro free speech, Lutke writes. This means protecting the right of organizations to use our platform even if they are unpopular or if we disagree with their premise, as long as they are within the law. That being said, if Breitbart calls us tomorrow and tells us that they are going to switch to another platform, we would be delighted.

Reached by email, a Shopify representative referred Fortune to Lutkes blog post and a corporate statement , which says the company is politically neutral.

Lutke, himself an immigrant, moved to Canada from Germany in 2002, and launched Shopify in 2006 with business partner Daniel Weinand. The platform hosts 325,000 merchants, and has sales volume of $24 billion.

Shopifys decision runs counter to the activity of groups that want to use commerce for political leverage. In recent months, protest group Grab Your Wallet has urged a boycott of companies either owned by the Trumps, that carry Trump-branded clothing and accessories, or that have offered financial support to President Trumps political campaign. In addition to Neiman Marcus and Nordstrom, Grab Your Wallet has urged Amazon and Zappos to stop selling Trump family products.

Social media campaign Sleeping Giants has similarly targeted hundreds of companies, attempting to get them to stop advertising on Breitbart and fake news sites. We are trying to stop racist websites by stopping their ad dollars, the campaigns Twitter account says. In recent months, Sleeping Giants has gotten AT&T , Kellogg , BMW and Visa to remove ads from Breitbart.

Shopify went public in 2015, raising $131 million. Its stock was up 2.4% in early morning trading to $54.66.

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Shopify Won't Remove Breitbart's Online Shop, Claiming Free Speech - Fortune

Breitbart’s Milo Yiannopoulos inspires Tennessee ‘free speech’ bill – The Tennessean

After a violent protest forces UC Berkeley to cancel a speech by right-wing provocateur Milo Yiannopoulos, students wonder what has become of an institution known as the birthplace of the Free Speech Movement. (Feb. 2) AP

Milo Yiannopoulos holds a sign as he speaks at the University of Colorado in 2017.(Photo: Jeremy Papasso/file/AP)

Inspired by a Breitbart News editor whose speeches have spurred protests at colleges across the country, state lawmakers on Thursday touted abill that they said would protect free speechon Tennessee campuses.

While discussing the bill in a news conference, sponsors Rep. Martin Daniel and Sen. Joey Hensley referenced the protests against controversial conservativeMilo Yiannopoulos, who is a senior editor at Breitbart. Violence erupted at a protest against a plannedYiannopoulos speech at the University of California, Berkeley, prompting officials there to cancel the speech.The lawmakers indicated that the violence had hampered the expression of conservative ideas at Berkeley. Similar issues have cropped up in Tennessee, they said.

Daniel, R-Knoxville, called his legislation "the Milo bill," and said it was "designed to implement oversight of administrators' handling of free speech issues."

Hensley, R-Hohenwald, said the bill was specifically tailored to defend students with conservative views that he said had been silenced in the past.

"We've heard stories from many students that are honestly on the conservative side that have those issues stifled in the classroom,"Hensley said."We just want to ensure our public universities allow all types of speech."

The bill said public universities"have abdicated their responsibility to uphold free speech principles, and these failures make it appropriate for all state institutions of higher education to restate and confirm their commitment in this regard."

Daniel and Hensley sponsored similar legislation last year which sought to make it easier for students to advocate for various causes on campus.He notably said ISIS, the terrorist organization,should be allowed to recruit on college campuses in Tennessee.

The lawmakers referenced the University of Tennessee's flagship campus in Knoxville while promoting the bill. UT said in a statement that free speech is encouraged and protected on campus.

"The constitutional right of free speech is a fundamental principle that underlies the mission of the University of Tennessee," Gina Stafford, spokeswoman for the UT system, said in an email."The University has a long and established record of vigorously defending and upholdingall students right to free speech.

To pass, the bill would likely needto win approval from lawmakers who regularly take issue with socially liberal speech on campus, from events during UT's annual Sex Week to posts on the UT website about gender-neutral pronouns and holiday parties.

Reach Adam Tamburin at atamburin@tennessean.com and 615-726-5986 or on Twitter @tamburintweets.

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Breitbart's Milo Yiannopoulos inspires Tennessee 'free speech' bill - The Tennessean

Free speech should not be zoned – The Denver Post

We are experiencing a new era in our nation, one characterized by polarity, equally unpopular opinions, and designated free speech zones. A recent poll found 77 percent of Americans perceive the nation as divided, I suspect that number is climbing. Nowhere are the tensions as pointed as on college campuses.

In this time of a great lack of mutual understanding, we can choose our communities, our news, our schools, and all too often we find ourselves living in a bubble of our own creation. While I am an ardent proponent of all the choices a free-market society allows us, we cannot permit our choices to permanently shield us from anything we do not like.

In times like these, I recall my own experiences growing up in an uncertain world. Often, my opinions were unpopular, but it was the resulting debates and friendly challenges that helped me learn, grow, and determine my core values. It is with those counterbalances in mind that I bring Senate Bill 62 to protect Colorado students constitutionally granted First Amendment right to free speech. I want todays youth to find the folks who challenge them and cherish those differences instead of shrinking from them.

Traditionally, universities are bastions of free speech and the open exchange of ideas. College students and faculty across the nation catalyzed countless movements, pushing back against the status quo and demanding change at times when change was unthinkable. Few people voiced their opinions louder than students, championing diversity of thought and wide array of backgrounds, beliefs, and visions for our future. Recently, however universities struggle with thoughtful debate, and instead put forth a litany of criteria for students to exercise their rights to speech, the most egregious of which requires students to limit their opinions to free speech zones. These zones are contrary to the very missions of universities.

Once we limit free speech to a zone, we indicate to our students that free speech does not exist anywhere beyond that zone. Is that the message we want to send to future generations about our nations core values?

It is possible to promote safety, high standards for education, and free speech rights simultaneously. I understand that maintaining the integrity and sanctity of education and keeping every student safe will always be a chief concern for universities. To that end, my bill allows these institutions the right to reasonable restrictions. Demonstrations which disrupt the primary mission of an undisturbed education or pose a threat to the safety of others may be curtailed when appropriate. Instead of shutting down debate, it is imperative that institutions offer ample alternative channels for communications of the students messages so that views and expressions dissimilar to the universities are given the opportunity free speech deserves.

Elected officials have a duty to citizens, an obligation to ensure that their liberties remain intact. The state legislature has a responsibility to strengthen our constitutional rights whenever possible, regardless of its political expediency. Indeed, how much we value the right to free speech is put to the test when we disagree with the speaker the most. When one of us is denied our First Amendment rights we are all denied, and free expression of all ideas, popular or not, must be safeguarded without interpretation or subjectivity. If we can have this strong dialogue and exchange in the public square, it bodes well for our nations future.

We send our kids to colleges and universities with the hope that they learn to challenge themselves, to grow and develop those skills that will see them through as tomorrows leaders who will continue to champion the core principles of our nation. We have to continue to teach our children that in order to be free, they must also be brave.

Please follow SB 62 as it progresses from the Senate to the House and share your support with your Representatives.

State Sen. Tim Neville is a Republican legislator from Jefferson County, representing Senate District 16.

To send a letter to the editor about this article, submit online or check out our guidelines for how to submit by e-mail or mail.

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Free speech should not be zoned - The Denver Post

4 US States Consider Free Speech Laws To Fight Censorship and ‘Safe Spaces’ On Campus – Heat Street

Four US states are considering legislation that would ensure free speech on college campuses and prohibit universities fromshielding people from offensive and controversial ideas.

Most states were put on alert after the eruption of violence at the University of California, Berkeley, whereMilo Yiannopoulos was scheduled to give a speech.His event was cancelled over safety fears.

President Trump has put the issue of free speech on campus in the spotlight after hethreatened to withdraw federal funds from universities that dont honor the First Amendment rights.

Virginia

Earlier this week, the Virginias House of Delegates passed bill HB1301aimed at protecting freedom of speech on campus. The bill reaffirms that public colleges and universities in the state are covered by the First Amendment.

The full text of the law reads: Except as otherwise permitted by the First Amendment to the Constitution, no public institution of higher education shall abridge the freedom of any individual, including enrolled students, faculty and other employees, and invited guests, to speak on campus.

House Democratic leader David Toscano celebrated the bill, saying:Any time we have the chance to support the First Amendment we should do that.

Its a good idea to celebrate the First Amendment. We want our campuses to be noisy, we want people to debate things, he added.

Colorado

In Colorado,the Senate Education Committee approved abill defending the constitutionally granted rights of Colorado students. The bill would prohibit governmentfunded colleges from restricting students First Amendment rights to free speech in any way. According to the draft of the bill, free speech includes speaking, distributing materials, or holding a sign.

The bill also requires convertingexisting so-called free speech zonesa campus phenomena where only at certain places students are able to exercise free speechinto monuments or memorials.

Free speech zones are counterintuitive to our core values, we should never falter in our defense of our constitutional rights or confine a free exchange of ideas, explained Senator Tim Neville, who introduced the bill.

Students on Colorado campuses are growing into the leaders of tomorrow, and restricting their fundamental rights as they seek out truth and knowledge is contrary to the American spirit as well as the mission of universities, he added.

North Dakota

North Dakota is also considering a bill to fight the onslaught of safe spaces and ensure the Constitution that guarantees free speech is protected in the states public universities.

Republican State Rep. Rick Becker sponsor of House Bill 1329, said the proposed legislation is aresponse to an attitude that free speech is not free speech at universities, where free expression is stifledby university policy.

There is an atmosphere of political correctness and social justice that will lead to safe spaces and this whole concept on every campus, hesaid. We have to put a stop to it now.

The bill would confirm free speech as a fundamental right and demand the governing body of the North Dakota University System to a ratify a policy of free speech.

The policy would require acommitment to free and open inquiry by students in all matters and outlaw any restrictions on speech, unless it violates other laws or disrupts the universitys functions.

It would also require tocontain a bill of student rights that would prohibitcolleges in North Dakota from subjecting students to any nonacademic punishment, discipline or censorship for exercising their free speech.

Becker cited the violence last week at the University of California, Berkeley during the protests againstMilo Yiannopoulos, claiming theres a growth of anti-speech rhetoric on college campuses.

North Carolina

The States Lieutenant Governor Dan Forest has announced his intention to work with the General Assembly to pass the Restore Campus Free Speech act, a law closely based onthe model campus free speech legislationthat would guarantee free speech at universities.

North Carolina will be the first state to use the model law by the Goldwater Institute think tank and turn it into an actual legislative proposal. AsHeat Streethas reported, the model proposalincludes a toughlegal regime to ensure free speech.

The law would prohibit colleges in North Carolina from banning speakers, creating safe spaces with the intention of shielding students from certain ideas and opinions, harsh sanctions for those limiting free speech including expulsion, and even a $1,000 fine if university violates free speech rights.

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4 US States Consider Free Speech Laws To Fight Censorship and 'Safe Spaces' On Campus - Heat Street

One bill aims to protect free speech on college campuses – WHSV

HARRISONBURG, Va (WHSV) -- A bill in the General Assembly looks to make sure speech, and other freedoms on college campuses, remain protected.

The bill was introduced by local delegate Steve Landes, and has passed the House of Delegates by a vote of 76 to 19.

The bill prevents colleges and universities from "abridging the freedom of any individual" including students, faculty, staff and guests.

This is timely after the incidents at U.C. Berkeley last week, when the campus was damaged by riots after a right wing speaker was scheduled to speak on campus.

"When there is dialogue, when there is respect for differing opinions, that is when the university is a better place, it comes together as a community. We respect differing opinions, so hopefully nothing like that will ever happen here at James Madison," said Bill Wyatt, the James Madison University spokesperson.

Landes said in a statement, "The legislation is an expansion of existing code to protect those who otherwise were not included."

He also mentioned instances nationwide, where free speech has been infringed.

Here is Del. Steve Landes' full statement on the bill:

House Bill 1401 prohibits public institutions of higher education from abridging the freedom of any individual, including enrolled students, faculty and other employees, and invited guests, to speak on campus, except as otherwise permitted by the First Amendment to the United States Constitution. I introduced this bill to ensure our institutions of higher education encourage healthy debate and prevent censorship of contrary viewpoints or perceived controversial speech. The legislation is an expansion of existing code to protect those who otherwise were not included. There have been instances nationwide where free speech has been infringed. While free speech on college campuses is theoretically protected by the First Amendment, there have been instances where it has been suppressed. This legislation will safeguard speech on our campuses and guarantee that our students are exposed to a wide variety of ideas and opinions and afforded the opportunity to express themselves as well. -Del. R. Steven Landes

You can read the summary of and track the bill here.

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One bill aims to protect free speech on college campuses - WHSV

Milo Yiannopoulous: Free Speech or Hate Speech? | villanovan – Villanovan (subscription)

On Feb. 1, the University of California Berkley canceled the appearance of right-wing writer Milo Yiannopoulous about one hour after protests began on campus. Students set fires and threw objects. A lockdown was in place for six hours following the start of the protests. Violence also occurred at Yiannopoulous last public appearance, at the University of Washington, where one of Yiannopoulous supporters shot a protester in the stomach. Drexel University professor George Ciccariello-Maher reportedly had credible sources stating that Yiannopoulous would out undocumented students at Berkeley during his speech.

Yiannopoulous and Donald Trump both agree that Berkeley students reactions indicate that they do not tolerate free speech. Many argue that Yiannopoulous represents a point of view that liberals disagree with, but that he should be allowed to speak, lest college students allow their intellectual skills to atrophy, as they remained coddled in liberal bubbles.

The University temporarily faced a similar situation. A group of students circulated an electronic invitation to generate interest for Yiannopoulous to appear on campus. Its worth noting and remembering the reason that Student Life and other university officials denied Yiannopoulous from being approved as a speaker. He was not allowed to speak on campus, not because of what he said, but rather how he said it.

To me, how an institution deals with the prospect of Yiannopoulous appearing on campus is a litmus test of its character. Im proud that Villanova chose to hold up the values of dialogue and genuine engagement rather than entertain a hateful agitator who seeks to rile others with incendiary remarks rather than have conversations that revolve around genuine issues.

Yiannopoulous is banned from Twitter for targeting abuse and inciting abuse against actress Leslie Jones. He popularized the Gamergate scandal, encouraged supporters to catcall women, referred to both Islam and feminism as cancer and called transgendered people mentally ill. Many college students who are protesting are frustrated by the very notion that he should even be entertained or legitimized as a public figurethis deep seeded frustration at the most basic levels creates divides in terms of what one considers civil or within the realm of acceptability.

An individual who presented thoughtful arguments rather than fundamental disrespect for marginalized identities decoratively re-packaged in the form of his personal brand would far better serve the liberal bubble of college campuses.

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Milo Yiannopoulous: Free Speech or Hate Speech? | villanovan - Villanovan (subscription)

Free Speech Isn’t Free – The Atlantic

Members of the controversial Westboro Baptist Church protest outside a prayer rally in Houston in 2011. (Richard Carson/Reuters)

Millions of Americans support free speech. They firmly believe that we are the only country to have free speech, and that anyone who even questions free speech had damn well better shut the #$%& up.

Case in point: In a recent essay in The Daily Beast, Fordham Law Professor Thane Rosenbaum notes that European countries and Israel outlaw certain kinds of speechNazi symbols, anti-Semitic slurs, and Holocaust denial, and speech that incites hatred on the basis of race, religion, and so forth. The American law of free speech, he argues, assumes that the only function of law is to protect people against physical harm; it tolerates unlimited emotional harm. Rosenbaum cites recent studies (regrettably, without links) that show that "emotional harm is equal in intensity to that experienced by the body, and is even more long-lasting and traumatic." Thus, the victims of hate speech, he argues, suffer as much as or more than victims of hate crime. "Why should speech be exempt from public welfare concerns when its social costs can be even more injurious [than that of physical injury]?"

I believestronglyin the free-speech system we have. But most of the responses to Rosenbaum leave me uneasy. I think defenders of free speech need to face two facts: First, the American system of free speech is not the only one; most advanced democracies maintain relatively open societies under a different set of rules. Second, our system isn't cost-free. Repressing speech has costs, but so does allowing it. The only mature way to judge the system is to look at both sides of the ledger.

Jonathan Rauch: The Case for Hate Speech

Most journalistic defenses of free speech take the form of "shut up and speak freely." The Beast itself provides Exhibit A: Cultural news editor Michael Moynihan announced that "we're one of the few countries in the Western world that takes freedom of speech seriously," and indignantly defended it against "those who pretend to be worried about trampling innocents in a crowded theater but are more interested in trampling your right to say whatever you damn well please." To Moynihan, Rosenbaum could not possibly be sincere or principled; he is just a would-be tyrant. The arguments about harm were "thin gruel"not even worth answering. Moynihan's response isn't really an argument; it's a defense of privilege, like a Big Tobacco paean to the right to smoke in public.

In contrast to this standard-issue tantrum is a genuinely thoughtful and appropriate response from Jonathan Rauch at The Volokh Conspiracy, now a part of the Washington Post's web empire. Rauch responds that

painful though hate speech may be for individual members of minorities or other targeted groups, its toleration is to their great collective benefit, because in a climate of free intellectual exchange hateful and bigoted ideas are refuted and discredited, not merely suppressed .... That is how we gay folks achieved the stunning gains we've made in America: by arguing toward truth.

I think he's right. But the argument isn't complete without conceding something most speech advocates don't like to admit:

Free speech does do harm.

It does a lot of harm.

And while it may produce social good much of the time, there's no guaranteeno "invisible hand" of the intellectual marketthat ensures that on balance it does more good than harm. As Rauch says, it has produced a good result in the case of the gay-rights movement. But sometimes it doesn't.

Europeans remember a time when free speech didn't produce a happy ending. They don't live in a North Korea-style dystopia. They do "take free speech seriously," and in fact many of them think their system of free speech is freer than ours. Their view of human rights was forged immediately after World War II, and one lesson they took from it was that democratic institutions can be destroyed from within by forces like the Nazis who use mass communication to dehumanize whole races and religions, preparing the population to accept exclusion and even extermination. For that reason, some major human-rights instruments state that "incitement" to racial hatred, and "propaganda for war," not only may but must be forbidden. The same treaties strongly protect freedom of expression and opinion, but they set a boundary at what we call "hate speech."

It's a mistake to think that the U.S. system goes back to the foundation of the republic. At the end of World War II, in fact, our law was about the same as Europe's is today. The Supreme Court in Beauharnais v. Illinois (1952) upheld a state "group libel" law that made it a crime to publish anything that "exposes the citizens of any race, color, creed or religion to contempt, derision, or obloquy." European countries outlawed fascist and neo-Nazi parties; in the 1951 caseDennis v. United States, the Supreme Court upheld a federal statute that in essence outlawed the Communist Party as a "conspiracy" to advocate overthrowing the U.S. government. Justice Robert H. Jackson, who had been the chief U.S. prosecutor of Nazi war criminals, concurred in Dennis, warning that totalitarianism had produced "the intervention between the state and the citizen of permanently organized, well financed, semi-secret and highly disciplined political organizations." A totalitarian party "denies to its own members at the same time the freedom to dissent, to debate, to deviate from the party line, and enforces its authoritarian rule by crude purges, if nothing more violent." Beauharnais, Dennis, and similar cases were criticized at the time, and today they seem grievously wrong. But many thoughtful people supported those results at the time.

U.S. law only began to protect hateful speech during the 1960s. The reason, in retrospect, is clearrepressive Southern state governments were trying to criminalize the civil-rights movement for its advocacy of change. White Southerners claimed (and many really believed) that the teachings of figures like Martin Luther King or Malcolm X were "hate speech" and would produce "race war." By the end of the decade, the Court had held that governments couldn't outlaw speech advocating law violation or even violent revolution. Neither Black Panthers nor the KKK nor Nazi groups could be marked off as beyond the pale purely on the basis of their message.

Those decisions paved the way for triumphs by civil rights, feminist, and gay-rights groups. But let's not pretend that nobody got hurt along the way. The price for our freedoma price in genuine pain and intimidationwas paid by Holocaust survivors in Skokie and by civil-rights and women's-rights advocates subjected to vile abuse in public and private, and by gay men and lesbians who endured decades of deafening homophobic propaganda before the tide of public opinion turned.

Free speech can't be reaffirmed by drowning out its critics. It has to be defended as, in the words of Justice Oliver Wendell Holmes, "an experiment, as all life is an experiment."

I admire people on both sides who admit that we can't be sure we've drawn the line properly. In Dennis, the case about Communists, Justice Felix Frankfurter voted to uphold the convictions. That vote is a disgrace; but it is slightly mitigated by this sentence in his concurrence: "Suppressing advocates of overthrow inevitably will also silence critics who do not advocate overthrow but fear that their criticism may be so construed .... It is a sobering fact that, in sustaining the convictions before us, we can hardly escape restriction on the interchange of ideas." When Holmes at last decided that subversive speech should be protected, he did so knowing full well that his rule, if adopted, might begin the death agony of democracy. "If in the long run the beliefs expressed in proletarian dictatorship are destined to be accepted by the dominant forces of the community," he wrote in his dissent in Gitlow v. New York, "the only meaning of free speech is that they should be given their chance and have their way."

The reason that we allow speech cannot be that it is harmless. It must be that we prefer that people harm each other, and society, through speech than through bullets and bombs. American society is huge, brawling, and deeply divided against itself. Social conflict and change are bruising, ugly things, and in democracies they are carried on with words. That doesn't mean there aren't casualties, and it doesn't mean the right side will always win.

For that reason, questions about the current state of the law shouldn't be met with trolling and condescension. If free speech cannot defend itself in free debate, then it isn't really free speech at all; it's just a fancier version of the right to smoke.

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Free Speech Isn't Free - The Atlantic

The Death of Free Speech – Observer


Observer
The Death of Free Speech
Observer
The home of the Free Speech Movement of the 1960's just succumbed to the latest campus effort to shut down unpopular views. Last week University officials cancelled a speech by conservative performance artist and Breitbart News editor Milo Yiannopoulos ...
Berkeley Riots: How Free Speech Debate Launched Violent Campus ShowdownRollingStone.com
Lawmakers Haven't Protected Free Speech On Campus--Here's How They CanForbes
Conspiring to stifle free speech is a crime: Glenn ReynoldsUSA TODAY
The Brown Daily Herald -Tribune-Review -legal Insurrection (blog) -CNN
all 174 news articles »

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