A recent judicial ruling now allows the conservative advocacy group Defending Education to freely deadname and misgender UC students under the protection of the First Amendment.
UCLA must release a statement demonstrating its support for transgender and nonbinary students and condemning deadnaming – using a name a transgender or nonbinary person no longer goes by – and misgendering. In doing so, the university can show it values all of its student body.
Intentional and repeated deadnaming or misgendering communicates a lack of respect and constitutes harassment, Sophia Knapp, a fourth-year statistics and data science student, said in an emailed statement.
“One’s name is their own, they should be able to choose what they go by- the same is true for pronouns,” Knapp, the president of Gamers without Labels, added in the statement.
Intentionally misgendering and deadnaming a peer undermines their humanity and the very recognition of their personhood.
The judge’s order prevents the UC from enforcing its anti-harassment policy on members of Defending Education. The group argued in a lawsuit that the policy violated the First and 14th Amendments by barring protected speech and punishing students for using non-gender-affirming language.
Heather Berg, an associate professor of labor studies and gender studies, said the ruling could threaten students’ ability to safely learn and express themselves.
“You cannot foster an environment that is … safe for hate speech and also safe for hate speech’s targets,” Berg said. “You have to pick a side.”
“Picking a side” is precisely what UCLA should do if it is truly committed to creating a safe learning environment for all students.
But while cracking down on hate speech, the university must not disregard the First Amendment. Eugene Volokh, a professor emeritus of law, said harassment is not specifically barred under the First Amendment, which several court decisions have upheld.
However, Volokh added that certain types of speech are punishable under the correct circumstances, such as speech that can cause imminent lawless conduct or present a clear and true threat. In its statement, UCLA will have to make clear its support for the First Amendment.
When Defending Education first filed the lawsuit in June, a UC Office of the President spokesperson said the University is dedicated to creating a welcoming environment for everyone while respecting freedom of speech. It cannot do so if it allows the invalidation of transgender and nonbinary students’ identities.
“It’s really just a question of how much we push the institution to defend its students,” Berg said.
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