Tag Archives: news

Speech Codes: Are They a Scourge or a Savior to Free Speech?

Many people know the First Amendment: the right to expression, the right to peacefully assemble, freedom of the press, the right to petition the government, etcetera. However, not many people know where the boundaries of these rights lie. People push these boundaries all the time and right now college campuses are but one example. Administrators at colleges are attempting to enforce speech codes. Yet, does enforcing speech codes violate the right to free expression described in the First Amendment? How far can speech codes go before the contradict the rights to free expression and peaceful protesting described in the First Amendment?

There are many ways speech codes could be enforced. But depending on how they are applied, they could break the First Amendment. A few forms of expression, specifically in regards to free speech, that are not protected by the First Amendment are slander or libel, fighting words, and obscenity. This means that someone can not go in front of a crowd and defame, insult, threaten, or say anything that may be considered hate speech to someone without consequences. One example of hate speech can be seen in a video of Milo Yiannopoulous at UW Milwaukee. In this video, he verbally attacked and degraded a transgender student. They still were spoken with no point other than to make fun of a subject and way of life that Yiannopoulous did not agree with. Another example of hate speech and fighting words is threats. As stated by Ben Shapiro, some people “greeted the birth of [his] second child by calling for [him, his] wife, and two children to be thrown into a gas chamber”. There was no purpose to this statement other than to express a disagreement with his religion. Under the First Amendment, hate speech is not something you can say without consequences. Speech Codes cannot be used to prevent speakers with controversial opinions from speaking. They cannot prevent people from peacefully disagreeing and debating about topics. However, speech codes can apply consequences if that speech becomes hateful or slanderous since that speech would no longer be protected under the First Amendment.

Some Speech Codes are also attempting to limit the student’s right to peacefully protest a speaker. The First Amendment specifically says “Congress shall make no law… abridging the freedom of speech, or the press; or the right of the people peaceably to assemble”. To restrict the right to peacefully assemble is a direct violation of the First Amendment. Yet, as seen on the Foundation for Individual Rights in Education website, also known as FIRE, some college campuses are restricting the student’s rights to peacefully assemble and protest on the grounds that they are disrupting the speaker’s right to freedom of speech. Furthermore, the Wisconsin Campus Free Speech Act states that “protests and demonstrations that interfere with the expressive rights of others are subject to sanction”. There must be a line drawn as to what qualifies as disruptive and interfering demonstrations. The line is whether or not there is any form of violence or hate speech. If a protester simply said the speaker was wrong, held signs, and argued about right versus wrong, nothing can be done about it because they are protesting peacefully, as the First Amendment says they can. However, if a protestor started doing damage or cursing out the speaker, then they would have to face consequences. Recently at UC Berkeley, protesters became very violent at a speech by Yiannopoulous and had to be escorted off the premises. UC Berkeley encompasses what a protest that is not protected by the First Amendment is, and what Speech Codes can restrict.

In the end, Speech codes can be useful to make speeches more peaceful and clearly define punishments for breaking that peace, however, they must still subject to the First Amendment.

Sources:

EBSCO: The New Battle Over Campus Free Speech

Milo Yiannopoulos verbally attacks a transgender student (1:30-3:05)

The Atlantic: The Glaring Evidence That Free Speech Is Threatened on Campus

Wisconsin Campus Free Speech Act

A few examples of Hate Speech against Ben Shapiro

Foundation for Individual Rights in Education (FIRE)

UC Berkeley

Advertisements

Praying Before Football Games- Against the Law or Not?

In a lot of places, they pray before football and other games. It has been going on for a long time. Now, people are challenging if this is going against the law. The 1st Amendment gives people freedom of speech and religion. How people interpret that leads to conflict on this issue.

The football team in Dumore has prayed before games for a long time (read more here). They are now told they can’t and are not happy about it. They can’t pray before the game anymore because they were told it’s against the law as public teacher and coaches should not be involved in leading religious acts. The 1st Amendment says freedom of religion. Some people think that means that people should be free to pray if they want. The other side thinks that means students can choose to pray, but it can’t be led by staff because it goes against the separation of church and state. If people from a different religion or belief were there, they could feel pressured to just follow along or be treated differently.

In conclusion, students can still pray if they want, but the 1st amendment makes it so people can be free to practice their own religions how they want to and not how the school tells them to.(read more here)

Works Cited:

“PRO/CON…Should sports teams be allowed to pray before games?” October 18, 2012 by Amy Ayala from King’s Courier

http://www.ecrjournalism.com/opinioneditorial/2012/10/18/procon-should-sports-teams-be-allowed-to-pray-before-games/

 

“When Faith and Football Don’t Mix” by Ken Paulson October 23, 2012

http://www.usatoday.com/story/opinion/2012/10/23/football-texas-religion-prayer/1653057/

 

“Prayer Before Football Game Ruled Against The Law” by Stacy Lange 11/4/2016

wnep.com/2016/11/04/prayer-before-football-game-rule-against-the-law/

 

 

Dakota Access Pipeline & First Amendment

Written in the Bill Of Rights under the 1st amendment is freedom of speech. Included in this freedom of speech is, the right to have freedom of the press, and freedom of peaceable assemblies. Reporters see this as their right to give news reports on what they call the truth, but the government sees it as rioting and as of late, has been putting these reporters in jail or giving out tickets for trespassing. The North Dakota Access Pipeline as of late has been a very hot and controversial issue in our nation. It was a very big topic regarding our debates and president elections back in 2016. With Trump in control, we are likely to see this pipeline passed and built. This has gotten people all across the country riled up. Many people have traveled nationwide to protest in the Dakotas. Saying that it is land we owe to the SIoux and it is unavailable to build on.  Others think it is better for our economy and will lead to more jobs. Being one of the biggest controversies in our country right now, we also have the debate whether or not it infringes on the rights of the first amendment.  Part of that first amendment is, freedom of the press, the right to be protected as press for your work. As long as that work is not ‘fake news’. News teams have been going on to private land and giving reports on the pipeline and their protests. Some of these reports have given certain reporters a ticket from the police or even a spot in jail. The reason behind this is that they are trespassing on someone else’s land. The question behind this all is are they giving these reports unwarranted as a ‘rioting-like protest’  response to Trump’s new order or simply just doing news coverage.

I am neutral on this discussion, though. I believe that the pipeline was a good decision passed by President Trump and it will benefit our nation in many ways. I do not think the protesting by citizens will do anything though and all it is is a waste of their time. From the standpoint of the press vs. the government, I see both sides. The press is, in a way, protesting by giving these stories as most often given from the negative side of the pipeline, leaving out the possibilities the pipeline has to offer. This is seen by the government a form of protesting, falling under the category of rioting, which results in a ticket or if necessary, jail. To avoid the problems for both sides of the argument, reporters can give news on public land and give news more neutralized. Staying off private land avoiding the ticket, and making all sides happy by delivering news that is equalized.