Hate Speech and the First Amendment
Monday, February 18th, 2008I’m pretty sure that I think that this is good news, but I’m not sure. According to Gay Rights Watch,
Officials in the Poway school district near San Diego did not violate the First Amendment rights of a student they punished for wearing a homophobic T-shirt to class, a federal judge ruled.
Tyler Chase Harper sued the school district in 2004, arguing that his rights were violated when he was removed from class for wearing the anti-gay shirt on the Day of Silence, which is intended to promote tolerance of gays and lesbians. The shirt read “I Will Not Accept What God Has Condemned” on one side and “Homosexuality Is Shameful, Romans 1:27″ on the other side.The next day, he wore the same shirt, but it had been altered to read “Be Ashamed [of What] Our School Has Embraced.” School administrators asked him to remove his shirt on the second day because they said it violated their dress code, which bans promotion of “violent or hateful behavior.”
Harper refused, and he was removed from class and assigned to the front office to complete his day’s remaining schoolwork.
So here’s the conundrum. I am generally very pro-free speech, especially when it comes to students, who I believe we allow to have their rights trampled in the name of keeping order, which I guess has a place but is not the primary goal of an education. At the same time, to me, the difference seems to be between the two shirt options - the first one is obviously acceptable and protected because it states an (abhorrent) opinion, and gives the student’s personal opinion on the matter (that the bible verse means he won’t accept tolerance). But on the second day, the student altered the t-shirt to direct it towards others, to say that they should be ashamed, which is what crosses the line. To me, it’s similar to the difference between wearing a t-shirt that has a bible verse about a woman obeying her husband, and saying you agree with it, and wearing a t-shirt that has the directive “Woman, Get Back into the Kitchen!” on it. The fact that the second verse is directed towards others makes it hateful, where the first is legitimately protected speech.
Note that I make this argument without reference to its ability to disrupt class, and that’s because, as I mentioned, I’m not sure that I agree that that’s a legitimate function of the educational system. New and radical ideas are supposed to provoke change. And they’re supposed to make people think, and maybe, if racism or sexism or heterosexism are the norm at your high school, and it’s radical to challenge that, you should be disrupting the educational process of your school. So I’m conflicted, but ultimately think that hate speech laws are generally good.
What do you think?
Free Speech, ACLU, GLBT, Hate Speech



