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Civil Liberties. POLS 21: The American Political System. “They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” —Benjamin Franklin . The First Amendment.
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Civil Liberties POLS 21: The American Political System “They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” —Benjamin Franklin
The First Amendment 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. What is “speech?” How far does “freedom” extend? To whom does this protection extend?
What is “Speech”? The First Amendment protects more than pure speech. It also protects “symbolic speech”— conduct that expresses an opinion.
How Far Does “Freedom Extend”? • Commercial speech • Defamation (e.g., libel and slander) • Obscenity • Fighting words (e.g., those which incite a hostile reaction) • Clear and present danger (e.g., shouting fire in a crowded theater) • Sedition (e.g., threat to overthrow the government) Does the First Amendment grant unlimited freedom of speech and expression? No! Today, limitations on free speech fall into several broad categories—
Do Americans Support First Amendment Rights? In 1955, substantial majorities of those polled said that an admitted Communist should not be permitted to: • Speak publicly; • Teach in high schools or colleges; • Work as a clerk in a store; Majorities also agreed that Communists should: • Have their citizenships revoked; • That books written by Communists should be taken out of public libraries; • That government should be allowed to tap personal telephone conversations to gather information against suspected Communists; • That admitted Communists should be thrown in jail;
Public Support of Free Speech • Only half of those polled were willing to grant members of their least-liked group the right to make a public speech; • 59% thought tapping their telephones was acceptable; • 29% thought that the group should be outlawed altogether; Members of the _________ should be banned from being President of the United States; Members of the _________ should be allowed to teach in the public schools; The __________ should be outlawed; Members of the _________ should be allowed to make a speech in this city; The __________ should have their phones tapped by our government; The __________ should be allowed to hold public rallies in our city.
How Far are We Willing to Go to Support Free Speech? • Controversial art • Indecency on the internet • Campus Speech codes
Free Speech and Artistic Expression “The Holy Virgin Mary” (1996), by Chris Ofili “Piss Christ” (1987), by Andres Serrano
Manet’s “Olympia” (1863) Titian’s “Venus of Urbino” (1538)
Indecency on the Internet The Miller test (1973) asks whether an average person, applying contemporary local community standards, would find that the work, taken as a whole, appeals to prurient interest. IS THERE SUCH A THING?
UVM Code of Students Rights and Responsibilities Reasons for the Policy • “Some actions cannot be tolerated because they seriously interfere with the basic purposes and processes of an academic community or with the rights accorded other members of the community.” • The policy “helps to foster a culture of inclusion and openness and to promote positive changes in student cultures and behavioral norms.” • Student freedom must be “coupled with personal responsibility and accountability for individual action and the consequences of that action.”
UVM Code of Students Rights and Responsibilities Applicability of the Policy • The Code applies conduct that occurs on University premises or at University related activities. “Likewise, conduct engaged in through electronic communication systems, including, but not limited to, social media, e-mail, and text messaging, is subject to the provisions herein.” • “Off-campus behavior may also subject a student to the conduct process or other appropriate administrative action when it is reasonable perceived to post an imminent threat of harm to the safety of the student or others…”
UVM Code of Students Rights and Responsibilities - Policy Elaboration • Offenses against persons include: “verbal or written statements that constitute a form of expression not protected by the First Amendment, such as obscenities, fighting words, or defamation.” • “Non-physical abuse is defined as conduct that has the purpose or effect of creating an intimidating, hostile or demeaning environment that substantially interferes with another’s ability to participate in or realize the intended benefits of educations or employment opportunities, peaceful enjoyment of residence, or physical security. Non-physical abuse shall be found where, in aggregate, the conduct is sufficiently pervasive, persistent, or severe that a reasonable person would be adversely affected to such a degree.”
UVM Code of Students Rights and Responsibilities - Policy Elaboration • 2007: “Non-physical abuse means psychological abuse or abusive behavior through oral or written statements that are intended or could reasonably be foreseen to cause disruption, embarrassment, humiliation, shame, fright, grief, or intimidation.” • 2012: “Non-physical abuse is defined as conduct that has the purpose or effect of creating an intimidating, hostile or demeaning environment that substantially interferes with another’s ability to participate in or realize the intended benefits of educations or employment opportunities, peaceful enjoyment of residence, or physical security. Non-physical abuse shall be found where, in aggregate, the conduct is sufficiently pervasive, persistent, or severe that a reasonable person would be adversely affected to such a degree.”
UVM Code of Students Rights and Responsibilities - Policy Elaboration • The University of Vermont considers freedom of inquiry and discussion essential to a student’s educational development. Thus, the University recognizes the right of all students to engage in discussion, to exchange thought and opinion, and to speak, write, or publish freely on any subject, in accordance with the guarantees of the United States and Vermont constitutions. This broad principle is the cornerstone of education in a democracy… There are no restrictions on the points of view expressed by speakers other than those imposed by federal or state law.”
