Wednesday, April 8, 1998
Campus policy violates students’ rights
HATE SPEECH: University speech code blocks expression under
guise of banning ‘fighting words’
UCLA, an institution that prides itself on higher education and
academic freedom has a policy that undermines the principles and
freedoms guaranteed by the First Amendment. While The Bruin does
not condone the use of hate speech, we stand firmly behind the
freedom of speech and oppose any attempt to gag the students from
exercising their rights.
Individuals are allowed, under law, to verbally express
themselves no matter how offensive their words may be to others.
Such words may include disparaging remarks about ethnicity,
religion, sex and sexual orientation, among other personal
characteristics.
But the line of freedom stops with the use of "fighting words."
"Fighting words" were defined by the Supreme Court to be "words
which by their very utterance tend to incite an immediate breach of
the peace." The court also ruled that in order to meet the
definition of "fighting words," they must "naturally tend to
provoke violent resentment" and be "directed at the person of the
hearer." Only in instances where the utterances constitute fighting
words is freedom of speech unprotected.
The campus speech code – part of the Policies Applying to Campus
Activities, Organizations, and Students – though masked as a
"fighting words" clause, is designed to silence students from
making any derogatory remarks to anyone. The code misinterprets
"fighting words" and says that students are forbidden from using
language that prevents a victim from pursuing an education or
involvement with the university. While the campus speech codes says
fighting words are prohibited, the policy actually attempts to stem
hate speech altogether, which is a violation of law.
Students who engage in hate speech can face disciplinary
measures ranging from a warning to dismissal from the
university.
Freedom comes at a price. It grants all Americans the right to
speak out, but it also grants that same right to those people whose
remarks may offend others. Those freedoms must be respected in all
cases, no matter how incorrigible or ignorant the content or spirit
of the stated message is.
Hate speech codes infringe upon the rights the First Amendment
accords to individuals. The university should not attempt to
override or fool itself into believing it has authority above and
beyond those principles given in the First Amendment. Speech codes
don’t eliminate racism – they just try to silence racist ideas.
Stripping speech codes at UCLA would not result in mass campus
hysteria. It would simply comply with the rights which
freedom-loving Americans have come to identify with, and the
university must uphold those principles. Without speech codes,
campus demeanor would not radically shift.
UCLA should abandon the vague and misleading campus speech codes
and leave matters of personal freedom and liberty to the law.
A code which seeks to keep students from exercising their
individual freedoms is not in line with the principles of the First
Amendment and is a matter the university certainly should not
attempt to rule over.