Is the First Amendment dead? – Hays Daily News

On Wednesday, officials of the University of California-Berkeley announced they were canceling a speech to be given by conservative writer Ann Coulter scheduled for April 27. Then on Thursday, facing the prospect of a lawsuit, caught between the First Amendment and the fear of violence, university officials proposed Coulters speech be moved to May 2 a move she and her supporters quickly rejected, pointing out there would be no students on campus, as it coincided with a reading period before final exams.

This was a low point for the birthplace of the free-speech movement.

Ive known Ann Coulter for years, and Ive gone to great lengths truly great lengths to disagree with her. After she published a book called Godless, which accused liberalism of being a godless religion, I wrote a book called Soulless, which attacked the right-wing church of hate. I even donned her trademark sleeveless black dress, added about 10 inches of long blonde hair and posed for a cover that looked almost as sexy as hers.

We agree on almost nothing, except for the importance of free speech and public discourse. And we always have gotten along just fine.

Last summer, when a reporter went to her for comments about me, she could not have been more gracious. Thats how it should be in a democracy.

Our Founding Fathers understood something that seems to be getting lost in the ugly partisanship that has gripped our country. You dont deal with speech you dont like by shutting it down. You deal with it by speaking up yourself. Speech is powerful; it is protected not because it is harmless but because the alternative is even worse. And that alternative is what were facing now.

It is not just at Berkeley that this issue is rearing its ugly head. In response to the cancellation of a speech at Claremont-McKenna College by Heather Mac Donald, the president of Pomona College (part of the Claremont Colleges consortium) wrote an open letter defending the principle of free speech. To my shock, frankly, a group of black students went on the attack, claiming white supremacists (Mac Donald is a fellow of the conservative Manhattan Institute, not the Klan) have no right to free speech. Come again? Who is supposed to decide who gets to speak? Do these students not understand it is precisely oppressed minorities who have historically needed the protection of the First Amendment the most? Do they really think that if speech is regulated, they will be the beneficiaries? On which planet? Under which president?

For those who disagree with Coulter, shutting down her speech only elevates her position. Instead of speaking before a group of students two weeks before exams, the cancellation has brought her national attention and brought Berkeley the criticism it must surely have expected.

But blaming Berkeley is the easy way out. One way or another, the great majority of Americans who support the Constitution must stand up to the minority who think violence and censorship is the answer to speech they dont like. You cannot pick and choose which civil liberties to support, which opinions deserve protection.

As a writer myself, I get more than my share of ugly emails from people who disagree with me. No one enjoys reading those. And as a woman and a Jew, I have sharply felt the sting of hatred. But unless there is a threat of violence (the Constitution provides for shutting down speech if it poses an imminent threat of violence or an imminent threat to national security), the way to handle such ugly emails is simply hitting the Trash button, or better yet, responding with more speech. Because if you shut down free speech this time, next time, the one who is shut down might be you.

Susan Estrich is a columnist,

commentator and law and political science professor at USC.

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Is the First Amendment dead? - Hays Daily News