Committee on the Judiciary – Hate Speech
Georgia (D)
Highland Park High School
Xiaotong Li
Only recently, in late 2006, students at Georgia Institute of Technology filed
suit targeting the school’s speech policy, a policy that once “aimed at protecting
students from intolerance” but ended up “discriminating against conservative
students who speak out against homosexuality and feminism and other issues.” 1
Three days later, Georgia Tech ended the gay hate speech ban under the order of
the U.S. District Court. Students have gained the right to express both their positive
and negative views towards the subject of gay or lesbian relationships, and to
verbally injure gay or lesbian classmates without punishment. Though Lawyer David
French claims, “Tech students now won’t have to enter a zone of censorship when
they walk on campus.”2
Ratified on the 15th of December in 1791, the first amendment of the
Constitution states “Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,
or of the press; or the right of the people peaceably to assemble, and to petition the
government for a redress of grievances,” but issues arise as the people take
1
Jones, Andrea, “Georgia Tech Student Files Suit Targeting School’s Speech Policy,” National
Constitution Center, Accessed: 11 March 2007, Available:
http://www.constitutioncenter.org/education/TeachingwithCurrentEvents/Constitutio
nNewswire/16031.shtml
2
The Advocate, “Georgia Tech Ends Gay Hate-Speech Ban,” Accessed: 11 March 2007, Available:
http://www.planetout.com/news/article.html?2006/08/16/2
advantage of this right.3 Today, the freedom of speech allows not only for opposing
views to be heard, but also for speech that “expresses hatred or intolerance of other
social groups.”4 Through the Internet or through university campuses, statements or
remarks are taken into offense because these words represent hate and
discrimination. Certain issues dealing with anti-gay remarks or even anti-Semitic
cartoons are questioned to be “hate speech,” a form of verbal abuse. However, the
first amendment clearly restricts any “abridging [of] the freedom of speech.”
Just as stated during the Georgia Tech situation, by senior Ruth Malhotra,
“Just because your speech is considered intolerant by some people doesn’t mean it
shouldn’t be free.”5 When argued whether something is considered free speech or
hate speech, it is plausible to coexist as both, because hate speech is free speech.
Protected by the first amendment of the Constitution, hate speech is nevertheless
different ideas and points of view. Though the views may be false, the first
amendment “recognizes no such thing as a false idea.”6
Even dealing with hateful religious views, hate speech is still yet to be
protected. In 1977, in Illinois, a Nazi party arranged a march of over 5,000 residents
in the Jewish suburban area of Skokie, where numerous Holocaust survivors lived.
Though highly offensive and assaulting, initial court hearings resulted in a removal of
the restraints towards the Nazi party from its action. However, the organization,
named the National Socialist Party of America, had not gain a constitutional right to
march, because the village of Skokie passed laws prohibiting dissemination of hate
during political marches. Deprived of certain rights, the Nazi organization sued to
3
Mount, Steve, “The United States Constitution,” Accessed: 11 March 2007, Available:
http://www.usconstitution.net/const.html#Am1
4
Seymour, Courtney, “A Generation of Hate: Bias Crimes and Hate Speech Issues, 1977-2003,”
Accessed: 11 March 2007, Available:
http://www.union.edu/PUBLIC/LIBRARY/research/topics/hate/hatespeech.htm
5
Jones.
6
North Caroline Wesleyan College, “Freedom of Speech,” Accessed: 11 March 2007, Available:
http://faculty.ncwc.edu/toconnor/410/410lect08.htm
regain their protected rights. The case of National Socialist Party of America v.
Village of Skokie, 432 U.S. 43 (1977), declared Skokie’s law to be unconstitutional
and 25 men of the Nazi party, protected by hundreds of Chicago police, marched the
streets of Skokie.7
Today, numerous universities around the nation have strict policies limiting
and restricting hate speech on campus. With the rise of verbal abuse, universities
adopted severe policies “prohibiting speech that offends any groups based on race,
gender, ethnicity, religion, or sexual orientation.”8 American Association of Professors
states, “By 1997, almost half of American colleges and universities had hate speech
policies.”9 Many universities were brought to court, declaring their policies unlawful,
but “the court decisions holding the codes unconstitutional ‘were ignored, evaded
and resisted.’”10 Though the University of Georgia does not have policies dealing with
hate speech specifically, of the 2006-2007 policies, Georgia U has established a
policy towards discrimination and harassment. The Non-Discrimination and AntiHarassment Policy of the 2006-2007 school year prohibits, “Unwelcome verbal or
physical conduct which is directed at a person because of their race, color, religion,
national origin, sex, sexual orientation, age, veteran statue, or disability.”11 Though
the university claims “no rights are more highly regarded at the University of Georgia
than the first amendment,” clearly, the university fails to conclude that hate speech
is free speech. However, outspoken senior Malhotra of Georgia Tech along with other
7
Minow, Mary, “Do You Allow Hate in Your Library?” California Library Association, Accessed: 11
http://www.clanet.org/resources/articles/minow_doyouallow.php#ii
March 2007, Available:
8
American Civil Liberties Union, “Hate Speech on Campus,” Accessed: 11 March 2007, Available:
http://www.aclu.org/studentsrights/expression/12808pub19941231.html
9
Gould, Jon B., “Speak No Evil: The Triumph of Hate Speech Regulation,” American Association of
Professors, Accessed: 11 March 2007, Available:
http://www.aaup.org/AAUP/pubsres/academe/2006/MJ/BR/sedl.htm
10
Ibid.
11
FIRE, “University of Georgia,” Accessed: 11 March 2007, Available:
http://www.thefire.org/index.php/codes/407
organizations, such as the National Christian groups and the Alliance Defense Fund,
“have taken up the cause of challenging … tolerance policies.”
As displayed by Georgia Tech, and senior Malhotra, universities mustn’t limit
or restrict students’ rights guaranteed by the first amendment. Limiting the speech
or rights of one group or individual “jeopardizes everyone’s rights” because the
“same laws or regulation used to silence bigot can be used to silence you.” 12 The
American Civil Liberties Union (ACLU) strongly supports free speech for all, and to
date, this organization has helped to target and challenge various universities’ hate
speech policies. Supporting fully ACLU’s views, universities should refrain from
establishing hate speech policies, but instead provide a diversified environment
where students can learn to tolerate and accept differences of each other.
Workshops and courses should be offered to “raise awareness and promote dialogue
on issues of race, sex and sexual orientation.” Georgian democrats believe
everyone’s rights guaranteed by the first amendment must be well-protected, and
will work to ensure equal rights.
12
American Civil Liberties Union.
Works Cited/Referred:
American Civil Liberties Union, “Hate Speech on Campus,” Accessed: 11
March 2007, Available:
http://www.aclu.org/studentsrights/expression/12808pub19941231.html
FIRE, “University of Georgia,” Accessed: 11 March 2007, Available:
http://www.thefire.org/index.php/codes/407
Gould, Jon B., “Speak No Evil: The Triumph of Hate Speech Regulation,”
American Association of Professors, Accessed: 11 March 2007, Available:
http://www.aaup.org/AAUP/pubsres/academe/2006/MJ/BR/sedl.htm
Jones, Andrea, “Georgia Tech Student Files Suit Targeting School’s Speech
Policy,” National Constitution Center, Accessed: 11 March 2007, Available:
http://www.constitutioncenter.org/education/TeachingwithCurrentEvents/Constitutio
nNewswire/16031.shtml
Minow, Mary, “Do You Allow Hate in Your Library?” California Library
Association, Accessed: 11 March 2007, Available: http://www.cla-
net.org/resources/articles/minow_doyouallow.php#ii
Mount, Steve, “The United States Constitution,” Accessed: 11 March 2007,
Available: http://www.usconstitution.net/const.html#Am1
North Caroline Wesleyan College, “Freedom of Speech,” Accessed: 11
March 2007, Available: http://faculty.ncwc.edu/toconnor/410/410lect08.htm
Seymour, Courtney, “A Generation of Hate: Bias Crimes and Hate Speech
Issues, 1977-2003,” Accessed: 11 March 2007, Available:
http://www.union.edu/PUBLIC/LIBRARY/research/topics/hate/hatespe
ech.htm
The Advocate, “Georgia Tech Ends Gay Hate-Speech Ban,” Accessed: 11
March 2007, Available:
http://www.planetout.com/news/article.html?2006/08/16/2