Lena Shapiro is a clinical assistant professor of law and the inaugural director of the College of Laws First Amendment Clinic, supported by The Stanton Foundation. Shapiro, an expert in free speech issues, spoke with News Bureau business and law editor Phil Ciciora about the current state of the First Amendment in higher education and popular discourse.
Theres an increasing trend on college campuses of students shouting down speakers they disagree with. How would you characterize the current state of the First Amendment in higher education?
Theres an ongoing battle between those who say they want to advance freedom of speech for everyone versus those who want to drown out voices that they dont agree with. The latter group wants to have it both ways: freedom of speech only for their opinions as well as those whose opinions are the same as theirs.
In other words, freedom of speech for me, but not for thee.
What that does is lower the level of discourse that all people have, which is harmful on a college campus because were supposed to be teaching students how to enhance their debate skills and analytic abilities. And when you say, essentially, I dont want this person here because theyre harmful, I find them offensive or They demean the rights of a number of groups of people you can certainly express those views, but that doesnt mean you can take it a step further, as many want to, and remove that speaker from campus. You cant unilaterally deprive others of that speech. Thats the hecklers veto.
If you are diametrically opposed to what this speaker stands for or has to say, you show up and counter protest. You hold another event, or you sit in the room and challenge the speaker with questions real, substantive questions that you want to debate on.
What you dont want are ad hominem attacks or protests that prevent speech from occurring entirely, which is antithetical to the free exchange of ideas.
What is the danger of the hecklers veto?
The danger is you dont actually change anyone elses mind. And having not changed their mind, you dont change their behavior. Youre also not minimizing the injustice that you believe results from that speakers speech and/or actions and the speaker who you think was perpetuating that injustice just goes on about their day.
Many students, like those at Stanford Law School who showed up to protest Judge Stuart Kyle Duncan of the 5th U.S. Circuit Court of Appeals, want to speak out and advocate on behalf of issues that are deeply personal to millions of Americans. But by exercising the hecklers veto, those individuals didnt actually change any opinions on those issues, certainly not Judge Duncans.
Some believe if they yell loud enough, and if they scare off enough speakers, then it will just rid the world of the injustices that go on. But thats just not how the world works, right? If you want to change hearts and minds, you have to convince them.
The First Amendment is unique in that it allows misinformation and outright lies to flourish under the guise of the free exchange of ideas. Should the government continue to protect the speech of liars, even though they can inflict damage on society?
We saw that issue play out in the various defamation lawsuits against Fox News. And Fox News paid a big price for the misinformation they aired regarding Dominion Voting Systems, so the system does have checks in place to protect against misinformation. Generally, the news media is granted a wide berth to report on issues as they see fit.
If you start to set stricter standards and start to go after what you perceive to be a lie or misinformation on, say, a social media site, youre first going to have define what a lie is. But as we can see from todays environment, nobody can agree on anything so being able to properly define what a lie is will be challenging.
This is why we have the First Amendment. When people see things they perceive as lies, they are allowed to respond accordingly. I noticed a difference in news coverage late in the Trump administration when reporters on broadcasts across a number of different news outlets would report something that President Trump said and then explain why it wasnt true. Thats the way to deal with lies, misinformation and half-truths. If you think somebody is perpetuating an untruth, then bring your evidence forward. It makes us a better and a smarter society to do it that way.
So I dont think we can regulate what we deem or what someone else deems a lie, aside from some rare exceptions. Its just not realistic, and, ultimately, it harms the First Amendment protections that we have in the U.S.
I know people get upset and have a visceral reaction about various issues in the news. But I just dont know that such reactions change hearts and minds.
Its probably better to focus more on why a certain issue or story isnt true, as opposed to accusing the other side of stupidity, mendacity or malice. I am an advocate for always having more speech. Its why we have free speech in the first place.
Go here to read the rest:
How do you handle free speech issues in higher education, popular discourse? - University of Illinois Urbana-Champaign
- Turkey's crackdown on freedom of speech intensifies [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Bill of Rights Transcript Text - National Archives and ... [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Freedom of Speech (Stanford Encyclopedia of Philosophy) [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- 3 Muslims shot dead by Atheist || #muslimlivesmatter - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Media Studies 104A - 2015-02-10 - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Freedom of Speech in the 21st Century - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- GodTVRadio Show - Freedom of Speech - Katy Perry Garbage Music Industry Selling Image - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Freedom of Speech - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- USA Freedom of Speech and Jesus Christ - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Eddie Griffin Freedom of Speech - Eddie Griffin Stand Up Full [HD].... - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- France Arrests French Comedian Dieudonne 3 Days After Charlie Hebdo Freedom of Speech - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- GodTVRadio Show - Freedom of Speech - Science News - Zoophile Atheists Evolutionists Beastality Inter Species Sex - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- GodTVRadio Show - Freedom of Speech - Science News - Marijuana Causes Brain Damage - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Charlie Hebdo's "Freedom of Speech" - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- John Robertson on Greg Shapiro's United States of Europe - S3Ep01 - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Freedom of Speech - The GameOverGreggy Show Ep. 61 (Pt. 3) - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Charlie Hebdo, Zero Tolerance, and Freedom of Speech - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- The Illuminati: The Freedom of Speech 2015 Conspiracy - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Eddie Griffin 2015 - Eddie Griffin Freedom Of Speech - Eddie Griffin Stand Up.. - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Eddie Griffin Freedom Of Speech - Eddie Griffin Stand Up - Eddie Griffin 2015 [HD] - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- GodTVRadio Show - Freedom of Speech - Charles Darwin Racist Hallucinating Junkie Who Thought He Was A Monkey - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Muslims oppose insult to Islam in the name of freedom of speech - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Eddie Griffin Stand Up Full HD - Eddie Griffin Freedom of Speech.. - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Policy update restricts demonstrations [Last Updated On: February 13th, 2015] [Originally Added On: February 13th, 2015]
- Italian senators pass bill criminalizing denial of genocides [Last Updated On: February 13th, 2015] [Originally Added On: February 13th, 2015]
- Thousands of Muslims protest freedom of speech outside Downing street - Video [Last Updated On: February 13th, 2015] [Originally Added On: February 13th, 2015]
- Eddie Griffin Stand Up Full HD - Eddie Griffin Freedom of Speech [Standing Up] - Video [Last Updated On: February 13th, 2015] [Originally Added On: February 13th, 2015]
- Eddie Griffin Freedom of Speech - Eddie Griffin Stand Up Full HD.. (Best Comedians) - Video [Last Updated On: February 13th, 2015] [Originally Added On: February 13th, 2015]
- Ali Belhadj Following Paris Attacks: France Cannot Give Us a Lesson in Freedom of Speech - Video [Last Updated On: February 13th, 2015] [Originally Added On: February 13th, 2015]
- RE: HannibalTheVictor13's resentment over thunderf00t and his "freedom of speech". - Video [Last Updated On: February 13th, 2015] [Originally Added On: February 13th, 2015]
- GodTVRadio Show - Freedom of Speech - Did God Make Atheists For Hell? - Video [Last Updated On: February 13th, 2015] [Originally Added On: February 13th, 2015]
- Freedom of Speech, Dastak Ep158 - Video [Last Updated On: February 13th, 2015] [Originally Added On: February 13th, 2015]
- Mamata advocates for freedom of speech - Video [Last Updated On: February 13th, 2015] [Originally Added On: February 13th, 2015]
- One dead after shots fired at Copenhagen freedom of speech meeting [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- 1 dead in shooting at Copenhagen free speech event [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- Shots Fired at Copenhagen Free Speech Event: Reports [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- Shots fired at Copenhagen cafe free speech event [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- One man dead and three policemen wounded at freedom of speech seminar in Denmark [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- Copenhagen caf: two gunmen in terror attack at freedom of speech event [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- Michael Buerk Interview - Freedom of Speech & Paris Attacks - Video [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- 'Freedom Of Speech' Topic Tuesday #12 - Video [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- Freedom of Speech != Freedom of Forum - Video [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- Danish police kill man suspected of Saturday's attacks [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Political expression isnt criminal: group [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Copenhagen police kill suspect linked to two fatal attacks [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Copenhagen suspect known to police [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Free Speech Debate Still Alive After Attack in Denmark [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Danish PM Defends Freedom of Speech After Attacks [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Freedom of Speech and Freedom of Press - Lincoln University [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- freedom of speech...........Peter Caine /Brooklyn Dog training/NYC dog training - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Copenhagen Shooting: Deadly attack at free speech meeting with cartoonist who depicted Muh - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- We Need To Defend Our Freedom of Speech or We'll Lose It. - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Shots fired at Copenhagens Krudttoenden cafe free speech event a report - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Freedom of Speech: For Whom, to Say What? - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Media Studies 104A - 2015-02-12 - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Eddie Griffin Freedom of Speech - Eddie Griffin Stand Up Full HD [Stand Up Comedians] --- - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- WallBuilders Live 2015-02-11 Wednesday - Freedom of Speech on College Campuses - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- GodTVRadio Show - Freedom of Speech - Feminist Aborted Her Son Because He was a Boy - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- GodTVRadio Show - Freedom of Speech - Science News - Atheist Animal Sacrifices and Torture - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Yisrael Beytenu at Charlie Hebdo freedom of speech protest - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- GodTVRadio Show - Freedom of Speech - American Poll - Atheists Can't Be Trusted - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Freedom of speech, but... SHOTS - Video [Last Updated On: February 17th, 2015] [Originally Added On: February 17th, 2015]
- Muslims Killing Atheists! - Video [Last Updated On: February 17th, 2015] [Originally Added On: February 17th, 2015]
- AP Top Stories February 14 P - Video [Last Updated On: February 17th, 2015] [Originally Added On: February 17th, 2015]
- Eddie Griffin Freedom of Speech - Eddie Griffin Stand Up Full [Best Comedians] ---- - Video [Last Updated On: February 17th, 2015] [Originally Added On: February 17th, 2015]
- Eddie Griffin Freedom of Speech - Eddie Griffin Stand Up Full HD [Stand Up Live] --- - Video [Last Updated On: February 17th, 2015] [Originally Added On: February 17th, 2015]
- Eddie Griffin Freedom of Speech - Eddie Griffin Stand Up Full Show HD --- - Video [Last Updated On: February 17th, 2015] [Originally Added On: February 17th, 2015]
- Duck Dynasty's Phil Robertson to Receive Freedom of Speech Award [Last Updated On: February 18th, 2015] [Originally Added On: February 18th, 2015]
- Letters to the editor: We must do more to stop terrorists [Last Updated On: February 18th, 2015] [Originally Added On: February 18th, 2015]
- Eddie Griffin Stand Up Freedom of Speech Best Comedy Show--- - Video [Last Updated On: February 19th, 2015] [Originally Added On: February 19th, 2015]
- Freedom Of Speech Naam Ki Koi Chiz Hoti Hai - Alia Bhatt On AIB Controversy - Video [Last Updated On: February 19th, 2015] [Originally Added On: February 19th, 2015]
- Copenhagen Shooting: Valentine's Day Shooting At Copenhagen Free Speech Event (VIDEO) - Video [Last Updated On: February 19th, 2015] [Originally Added On: February 19th, 2015]
- Denmark: Police launch manhunt for Copenhagen cafe shooter - Video [Last Updated On: February 19th, 2015] [Originally Added On: February 19th, 2015]
- Eddie Griffin Freedom of Speech - Eddie Griffin Best Stand Up Full HD--- - Video [Last Updated On: February 19th, 2015] [Originally Added On: February 19th, 2015]
- Greenpeace activist refutes govt charge of being anti-national [Last Updated On: February 20th, 2015] [Originally Added On: February 20th, 2015]
- Two minutes for heckling [Last Updated On: February 20th, 2015] [Originally Added On: February 20th, 2015]
- Jailed Al Jazeera journalist concerned about freedom of speech [Last Updated On: February 20th, 2015] [Originally Added On: February 20th, 2015]
- Fan claims municipal police violating freedom of speech [Last Updated On: February 20th, 2015] [Originally Added On: February 20th, 2015]
- Jailed journalist concerned about freedom of speech [Last Updated On: February 20th, 2015] [Originally Added On: February 20th, 2015]
- Freedom of speech denied outside of Skillet concert Pittsburgh - Video [Last Updated On: February 20th, 2015] [Originally Added On: February 20th, 2015]