Offensive Speech Should be Allowed Essay

As American universities and colleges grow their demographics, diversity and ideas there is a continued and an accelerated debate regarding freedom of speech within these higher education institutions. College campuses are struggling to simultaneously provide a learning environment that is inclusive to traditionally unrepresented students while also providing an environment that allows for ideas to be challenged and debated no matter how offensive or controversial.

According to the University of Colorado, many political jurisdictions have enacted laws that forbid destructive speech. These laws give the police power to investigate persons suspect of committing hate speech. If found guilty, the persons are tried and punished according to the law. Although many insist that hate speech should be illegal, the First Amendment still stands; the right of free speech applies to every citizen of the United States and if restrictions are set, then that liberty is taken away.

“Free Inquiry? Not on Campus” by John Leo is an important essay that shows exactly how important it is to protect people's political views and opinions. In Leo's essay, he elaborates how times have changed and how we live in more of a liberal left-wing society and because of this everyone has to be more politically correct. Leo talks about the social change universities and colleges on how they used to promote free speech, but now are more like the speech police telling us what's opinions you should have on any given subject and any other opinion is considered wrong. Leo gives an example of this and writes “in October 2007, for instance, a student mob stormed a Columbia University stage, shutting down speeches by two members of the Minutemen, an anti-illegal immigration group.The students shouted they have no right to

A very popular constitutional issue in America is the First Amendment. The First Amendment is meant to protect, but in today’s society it is being questioned that the argument is being overly used. The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference (Esmaili). Freedom of religion created the separation of church and state. It prohibits the government from interfering with a person's practice of their religion. The right to freedom of speech allows individuals to express themselves without government interference or regulation. The right of freedom of expression gives the right to assemble and gather for peaceful and lawful purposes. It was adopted into the Bill of Rights in 1791. The Court later interpreted the Due Process Clause of the Fourteenth Amendment as protecting the rights in the First Amendment from interference by state governments. Putting this is layman’s term, you can pretty much say what you want without being penalized.

The first Amendment of the United States Constitution says; “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.”[1] Our fore fathers felt that this statement was plain enough for all to understand, however quite often the United States government deems it necessary to make laws to better define those rights that are stated in the Constitution. Today the framers would be both encouraged and discouraged by our modern interpretation the First Amendment the United States

Benjamin Franklin once said, “Without freedom of thought, there can be no such thing as wisdom; and no such thing as public liberty, without freedom of speech.” Indeed, free speech is a large block upon which this nation was first constructed, and remains a hard staple of America today; and in few places is that freedom more often utilized than on a college campus. However, there are limitations to our constitutional liberties on campus and they, most frequently, manifest themselves in the form of free speech zones, hate speech and poor university policy. Most school codes are designed to protect students, protect educators and to promote a stable, non-disruptive and non-threatening learning environment. However, students’ verbal freedom

There are four general situations in which freedom of speech should be banned. The first one is Clear and present danger: Freedom of speech will not be protected if the words that come from any person's mouth put in danger someone else, provoke violence, or even incite or suggest illegal actions. A second situation is fighting words: These are the terms socially know to rage anyone, and when they are told face-to-face to a second person, they are not protected by the first amendment because they tend to alter public order and stimulate violence. The third main situation in freedom of speech is known as libel and slander: In this situation the Supreme Court explains that when speech or communication is used to damage someone else's reputation, to lie, or to tergiversate the truth and make it look as something it is not, it is not covered under the first amendment. The forth and last boundary of the first amendment is referred to as time, place and manner: This particular scenario does not disallow the content of the speech itself, but it takes into consideration the place where the speech is given, and the way the person presents the speech. If under any circumstance the government interests or regularities are violated, the speech is not protected under the first amendment.

The freedom of speech has never been free to everyone. Many Americans grow up with this saying and feel it to be true. Suzanne Nossel wrote her article “How we communicate is changing. So should the way we think about free speech”, published in August of 2017 in The Washington Post, and she argues that “students who seek to shut down speech that offends - through calls to disinvite speakers, punish offensive remarks or shout down opponents - have been dismissed as coddled, unenlightened, entitled, anti-intellectual, dogmatic and infantile.” (Nossel, 2017, p. 1). Nossel builds her credibility with facts and reputable sources, citing convincing facts and statistics, and successfully employing emotional appeals.

Charles Lawrence evokes that racist speech should be regulated to avert defaming the minorities in “On Racist Speech” from the Chronicle of Higher Education. The article addresses that racial insults do not deserve to be under the First Amendment because “the perpetrator’s intention is to injure the victim” (Lawrence 2087). After all, the Supreme Court has asserted that if the perpetrator’s intention is to “inflict injury or tend to incite an immediate breach of the peace”, then they are not protected under the First Amendment (Lawrence 2086). The racist slurs on the university campus was one of the vexed topics since students should have “the right of an equal education in a safe environment” rather than being surrounded by verbal

Derek Bok argues that American dedication to democracy is embodied in the Frist Amendment and that the freedoms granted in this Amendment are the building blocks of dialogues that contribute to cohesive communities born out of differences. The problem, however, according to Bok, is the difficulty of balancing the protection of these freedoms on campuses and universities where reasoned expression of diverse ideas is encouraged. Bok offers the suggestion that rather than attempt to stifle expression by imposing penalties for what might be considered offensive speech, “speak with those who perform insensitive acts and try to help them understand the effects of their action on others” (69). While this suggestion might imply a reasoned and

Centuries ago in American society, individuals were not granted the free will to act and speak freely. First Amendment rights allowed citizens to do so. On a historical outlook, the oppressed fought for the rights of various groups in the United States. Although laws and situations evolve, groups in America continue to face inequality and issues with freedom of speech. There is room for further improvement; freedom for all citizens needs to be fulfilled. The impression of being free is what gives the United States the ideology of being a part of a democracy. Recent events have revealed issues with freedom of speech and questioning about what kinds of speech is protected. In order to close the gap in

American society identifies itself as a society where freedom and equal opportunity for learning and expressing new ideas are abundant and unthwarted. The free speech principle, or the principle that all speech and ideas should be able to move freely without being impeded on by government or an institution, is a principle American society has taken many steps to solidify and safeguard. Despite our best efforts, differentiating ideas and free speech continue to be segregated in favor of popular opinion especially in higher education. Often times, students along with public speakers and professors are silenced on campus because of conflict with the public’s sentiment. This obstruction of the basic American value of free speech in higher education comes with a detrimental cost to liberal education and the free flow of ideas.

The First Amendment of the Constitution of the United States of America states, "Congress shall make no law respecting an established religion, or prohibiting the exercise thereof'; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This amendment, founded on the strong and open minds of the Founding Fathers, made certain that free speech be incorporated into America's free and democratic society.

The case Chaplinsky vs. New Hampshire stated that there are some classes of speech that are limited. They are the lewd, the obscene, the profane, the libelous, and the insulting words. When spoken they encourage fighting and so is a disturbance of peace (Stone, Seidman). Therefore, the courts have created laws that will protect a person against libel and slander.

The freedom of speech has generally been considered an elementary and basic right here in America since the country’s founding in the 1700’s without major challenges being brought forth. Today in the present American Society, opposition to a totally free right to speech without restriction is growing. Recent polls show up to 40% of people in the millennial generation agree that the freedom of speech requires new restrictions. This topic may be seen as a “freshman topic” by some, and that people are either going to agree with one side or the other and cannot be persuaded otherwise, however I could not disagree more. The opinions of thousands of students can be heavily swayed one way or the other with how they are being educated, and the opinions of their educators. A basic understanding of the freedom of speech and its functionality is required to understand why this right is so valuable to the success of our country.