Editorial: First Amendment means free people have free expression – Omaha World-Herald

The U.S. Constitutions Bill of Rights rightly gives robust protections to Americans free expression of ideas, even when those thoughts are out of the mainstream or repulsive.

Supreme Court Justice Hugo Black summed up that vital concept in 1961 when he wrote that the right to expression under the First Amendment must be accorded to the ideas we hate, or sooner or later they will be denied to the ideas we cherish.

That principle received worthwhile discussion and elaboration recently when the Senate Judiciary Committee held a hearing on the importance of preserving free speech rights on college campuses.

First Amendment experts offered thoughtful observations on the enduring importance of promoting free thought and expression.

Floyd Abrams, a lawyer with a background in First Amendment cases, said the proper approach cannot be to limit expression but to discuss it not to bar offensive speech, but to answer it. Or to ignore it. Or to persuade the public to reject it. . . . What is unacceptable is to suppress the speech.

Eugene Volokh, a law professor at the University of California Los Angeles, said, To let hecklers and thugs generally control what is said on campus . . . is an abdication of the universities responsibility to educate to teach their students about the importance of responding to speech with arguments and not with suppression. . . .

Outside the university, when youre trying to persuade voters whom you cant threaten with expulsion or firing, you need to know how to listen and rebut even views that you find wrong even disgusting. That takes practice and what better place for that practice than a university, an institution that is supposed to be all about ideas, debate, reasoning and arguments? Precisely.

J. Richard Cohen, president of the Southern Poverty Law Center which is studying hate groups, said his organization is sometimes contacted for advice by students who want to take a stand against a campus speaker they consider offensive.

We suggest creating an alternative event, Cohen said, to provide an open and accepting space for those who want to promote unity rather than divisiveness. We tell leaders that it is their obligation to communicate to their community that they stand for the values of inclusion, pluralism and respect.

The nations universities, Cohen said, should be places where students learn to dissent in thoughtful and constructive ways. To do so is to uphold societys highest ideals.

The principles explained by those testifiers dont mean that every idea is worthy or admirable. The point, rather, is that society is best served by open, energetic debate in which arguments are rigorously tested. Such debate exposes mistaken, outlandish or abhorrent ideas to the light and makes them vulnerable to rebuttal and, as needed, ridicule.

Theres another reason why Americans should hold tight to First Amendment principles: We live in a lamentably polarized society. Many people isolate themselves within their political tribe and are so disdainful of the other side that they see little value in engaging in serious debate.

Such thinking undermines productive discussion of key issues. It also harms the country by preventing us from seeing ourselves as one people.

Our society is well served when we encourage strong, open debate under the First Amendment. Our institutions of higher learning need to be unwavering in promoting free expression and the defense of free speech.

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Editorial: First Amendment means free people have free expression - Omaha World-Herald