A recent article in the Detroit News titled: FREE SPEECH
LIMITS NOT BLACK AND WHITE; Some offensive speech protected, some punished in
the U.S. by David Lightman of the McClatchy Washington Bureau prompted to write
something about a subject that has been rattling around my brain for some time
now.
Lately, we have had a bunch of incidents where people said
something that appeared offensive to our current culture. I say current because
our culture has changed as to what type of speech is accepted and what type is
not.
In this country we have a First Amendment right to FREEDOM
OF SPEECH which we treasure highly as a founding principle of our country.
I have always been taught that not all speech is protected
by the First Amendment and an example that has stayed with me throughout the
years is “yelling FIRE in a crowded theater” just for the hell of it. I also
remember the ACLU stating that even Nazis have a right to speak just as we have
a right to speak against their speech.
Our Supreme Court has been asked on a number of occasions to
“define” freedom of speech. Mainly the definition was needed to distinguish between
“free speech” and “hate speech”. The court has tried to decide which type of
speech is designed to “harm” as in intending to incite a riot and therefore is
a “threat” to peace and well-being.
A lot of speech can offend but does not actually break the
law as “actions” do.
What speech offends us has changed through time and it is
interesting, as the article points out, to gauge the new sensitivities to
certain speech our society now possesses.
I think there is a propensity in our society to prohibit or
limit speech we do not agree with. This I have seen in universities that
historically have been havens where any and all speech was tolerated.
To me, people do not have to go listen to a speech they may
find offensive, but the speech should not be stopped from being given no matter
how disgusting the subject matter. In cases like that, speech in opposition to
that type of speech is what is called for and not banning a speech altogether.
Recently, a video appeared of a bunch of Oklahoma students
singing a racially offensive song on a bus. They were fraternity students and
as soon as the video went public the students were expelled and the fraternity
banned from campus.
Yes the song was offensive and harkened to a time in our past
that many of us thought was gone for good. The students insisted they were not
racist as did their wealthy parents but yet they sang the song with gusto as if
it was the most normal thing to do.
Watching the new generations, I am always impressed with the
fact that among our young people, skin color/race does not appear to be an
issue. I attribute that to us as parents making sure our children grew up color
blind with no racist tendencies which after all, come from the parents; kids
are not born racist.
Now because of incidents like the one in Oklahoma, I feel I
must have been duped into thinking that things have changed when they have not
at least in certain parts of the country.
Racism has always been associated with the poor and
uneducated but in Oklahoma the students were children of the wealthy and
supposedly educated members of society…so what gives?
As to freedom of speech…No they did not break any laws with
their speech but they broke the unwritten laws of our current societal norms
and as far as the university is concerned, the school is free to do what it
deems proper for its reputation.
Ironically, their speech is protected and they had every
right to sing that song but the words to that song exposed them as people that
the university did not want on their campus.
I guess what I am saying is that I do not want anyone to
feel that they cannot express themselves but if what they say makes people
uneasy or mad than the person expressing himself must be prepared to be socially
ostracized for the views and opinions stated.
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