Tag Archives: peaceful protest

How much freedom of speech do we really have in terms of protesting?

Thanks to the first amendment, the right to protest and freedom of speech is a fundamental right here in the United States, but how much freedom of speech do we really have in terms of protesting our beliefs. In recent years protests have increased heavily in America. The amount of peaceful protesters being arrested has also increased. In 2017 alone there has been thousands of peaceful protesters arrested. Protests vary from the Women’s March, Trump protests, the Dakota access pipeline, and many more. So, how much freedom of speech do we really have when it comes to protesting?

In the past several years arrests on peaceful protests has increased heavily. In March 2017, during a Day without Women rally in New York, thirteen women were arrested for protesting in the streets. The women were told that if they didn’t get out of the streets they would all be arrested. Although many left several women stayed behind to stand for what they believed in. Those thirteen women were arrested and charged for disorderly conduct. From November 7th to November 12th, 462 people were arrested during a anti-trump protest in Los Angeles. There where 462 arrests, yet, only 3 people were actually found guilty of breaking the law. At least 141 people have been arrested for “rouge protests” while defending the land surrounding the Dakota Access Pipeline. The protesters were considered to be trespassing which is why they were arrested, in October 2016. Overall, arrests on peaceful protesters has increased over the years without there actually being a real reason for the arrests. 

In conclusion, the First Amendment claims the freedom of speech and freedom to assemble as fundamental rights for everyone. In recent years the freedom on speech and the freedom to assemble has been challenged by the governments throughout various protests. To me it is unlawful to arrest someone for protesting and speaking their mind and charging them with irrelevant charges. The First Amendment gives us the freedom of speech but why won’t the government stand by that. 

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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