In our blog on Wednesday, we talked about our First Amendment rights to the freedom of speech. We gave 3 tips for how to protect this foundational right. Today we want to look at a few specifics on what it protects and what it doesn’t. If you are someone who gives presentations for a living, it’s important to know what both your rights and responsibilities are.
While we’ll be referencing research from Brookings regarding what college students think about their First Amendment rights, we know many of these opinions extend beyond college campuses. So let’s take time to answer some specific questions about our freedom of speech rights.
Does the First Amendment protect “hate speech?”
Before we answer this question, let’s look at what the First Amendment actually says. It reads like this:
“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.”
So let’s get back to our question. Is hate speech protected? The answer to this question is yes, to an extent. However, nearly 60% of students surveyed did not know hate speech was protected by the First Amendment. Granted, there are some categories which fall outside of First Amendment protection, namely incitement, defamation, obscenity, and threats. And the 1969 Supreme Court case of Brandenburg vs. Ohio established that the government may forbid speech that is “‘directed at inciting or producing imminent lawless action’ (such as a speech to a mob urging it to attack a nearby building).” So while hate speech is not inherently illegal, it does have negative consequences which are damaging to human relationship and communication.
Can you shout down a speaker you disagree with?
In the Brookings research, 51% of students agreed that it was okay to disrupt a speaker who is presenting controversial ideas. You might initially think: if a speaker says something that offends me, I have the right to shout back. I’m simply exercising my right to free speech. But the justice system is most likely to interpret shouting over a speaker as blocking someone else’s right to speak and others’ rights listen.
So no, the First Amendment doesn’t protect your right to shout out someone with whom you disagree. What’s even more disturbing is that the study showed that 19% of college students surveyed believed it was acceptable to use violence against a controversial speaker. Part of our job as speakers is to secure the speaking floor not just for our ideas, but for everyone’s. If you are in a situation where audience members are being disruptive, it’s okay to remind them that the speaker has the right to be heard.
Does the First Amendment require presentation of counterpoints?
In a word, “no.” And yet 62% of college students believe a presentation of counterpoints is legally required. While it might seem fair to give all sides equal time and billing, it is not a legally protected right to have all sides represented.
When talking about the First Amendment, we have to remember that we have both rights and responsibilities. This rings true whenever we stand up to present as well. Rights remind us of our own liberties. Responsibilities remind us of the liberties of others. As speakers, we have the right to express our opinions and ideas. But we also have the responsibility to communicate responsibly, holding our audience and their freedoms in high regard as well.
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