The Palm Beach Post

Students must hear offensive speech, learn to counter it

- By Lee Rowland Lee Rowland is a senior staff attorney with the ACLU’s Speech, Privacy and Technology Project. She wrote this for InsideSour­ces. com.

Controvers­ial, critical, confrontat­ional and challengin­g speech is an essential part of any successful college education. Without it, institutio­ns of higher education cannot truly be said to be preparing students for the world outside of the ivory tower.

For many, a college campus is the last stop on the train to true adulthood. Part of being an adult in America means living our constituti­onal values — foremost among them, our First Amendment rights to make our opinions heard — and to listen to others speak.

The U.S. Supreme Court has spilled barrels of ink defining the First Amendment rights of students, from kindergart­en to post-graduate studies. And there’s no question that the law has resolved into an age-based sliding scale: for young ones, the core goals are safety and discipline. But as students age, the shadows of the Constituti­on start to spread across the school day. By the time students graduate from high school, courts expect freedom of speech to be not just in the students’ best interests but the schools’ interest as well.

And that’s not just because free speech is a formalisti­c constituti­onal principle; it’s an indispensa­ble part of our civic education.

Soon, your students will graduate. And when they do, they’ll step into the maelstrom of civic life, which can be, frankly, horrific. By constituti­onal design, ours is a world where homophobic street preachers have a right to accost you at a funeral for a loved one; where racists can bring a Nazi rally to your town; where Congress has no right to criminaliz­e appalling images of animal violence.

I suspect that many students would like to be able to effectivel­y counter-protest the Westboro Baptist Church. Or effortless­ly dismantle the racist garbage spewed by today’s alt-right. Or publicize and advocate against animal cruelty. I sure hope they do! Because we need them to tackle public policy issues with the confidence of a generation determined to better us all.

That means being an advocate: speaking out and convincing others. Confrontin­g, hearing and countering offensive speech with which we disagree is a skill. And one that should be considered a core requiremen­t at any school worth its salt.

I am not suggesting that free speech is without grave costs. I cannot imagine the pain that Holocaust survivors felt knowing that the KKK would march through their towns, or the anguish a father felt when his son’s funeral was surrounded by petty signs of hate.

On campus, if and when speech crosses the line into targeted harassment or threats, or creates a pervasivel­y hostile environmen­t for vulnerable students, it isn’t protected. We, fortunatel­y, have federal laws to ensure safe learning environmen­ts and equal access for all students. But being offended does not rise to that level. We live in an odd country, where the very first amendment in our Bill of Rights protects that hateful speech until it crosses that line.

But that same First Amendment also protects the most heart-swelling markers of our democracy: the right to speak our values, to have a press free from censorship, to gather en masse in the streets and speak truth to power. Our Constituti­on protects hateful speech, yes — but on the theory that truly free speech means the best ideas will win out. We need students trained to really listen to ideas they hate — and respond with better ones.

In that regard, recent incidents suggest that colleges are failing their students in imparting these skills.

In just the past few weeks, from one campus to another and another and another, liberal students have silenced conservati­ve speakers with violence, outrage and threats. This collection of hecklers’ vetoes is the furthest thing from a victory for the progressiv­e causes these students champion.

These incidents have not shut down a single bad idea. To the contrary, they’ve given their opponents’ ideas credence by adding the power of martyrdom. When you choose censorship as your substantiv­e argument, you lose the debate. Because none of us is the wiser about the better world those protesting students want to see — instead of telling us, they silenced others. In curricular terms: They didn’t do the assignment.

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