February 19, 2010
Free Speech 101
On February 8, Israeli ambassador to the U.S. Michael Oren spoke at UC Irvine--or tried to. Muslim students shouted him down, in a pathetic display of ignorance and intolerance (see video above). The event made headlines. In response, Irvine law school dean Erwin Chemerinsky--whose hire was itself interrupted by inappropriate politicized maneuvering--delivers a short and searing master class on the First Amendment, free inquiry, and campus speech:
College campuses, especially at public universities, are places where all ideas should be expressed and debated. No speech ever should be stopped or punished because of the viewpoint expressed. Of course, there must be rules to regulate the time, place and manner of such expression to preserve order and even to make sure that speech can occur.These general principles are unassailable, but their application to recent events at the University of California, Irvine, has attracted international attention. Israeli Ambassador to the United States Michael Oren was invited by several sponsors, including the law school (of which I am dean) and the political science department (of which I am a member) to speak at the university on Feb. 8.
Prior to this event, campus officials heard rumors that some members of the Muslim Student Union planned to disrupt the ambassador's speech by having a series of students yell so that he could not be heard. One after another they would rise and shout, so that as each was escorted away, another would be there to make sure that the ambassador did not get to speak. When asked, the officials of the Muslim Student Union denied any plans to do this.
Unfortunately, this is exactly what occurred. After the first disruptions, the audience was admonished that such behavior was not acceptable within the university and that those who engaged in such conduct would be arrested and face student disciplinary proceedings. Despite these warnings, 11 individuals rose and shouted so that the ambassador could not be heard. At one point he left the stage, but thankfully was persuaded to return and deliver his address.
Eleven individuals were arrested, and those who are UCI students are facing disciplinary action. In the last week, I have been deluged with messages from those saying the disruptive students did nothing wrong and deserve no punishment, and also from those saying that the students should be expelled and that others in the audience who cheered them on should be disciplined.
Both of these views are wrong. As to the former, there are now posters around campus referring to the unjust treatment of the "Irvine 11" and saying they were just engaging in speech themselves. However, freedom of speech never has been regarded as an absolute right to speak out at any time and in any manner. Long ago, Justice Oliver Wendell Holmes explained that there was no right to falsely shout "fire" in a crowded theater.
The government, including public universities, always can impose time, place and manner restrictions on speech. A person who comes into my classroom and shouts so that I cannot teach surely can be punished without offending the 1st Amendment. Likewise, those who yelled to keep the ambassador from being heard were not engaged in constitutionally protected behavior.
Freedom of speech, on campuses and elsewhere, is rendered meaningless if speakers can be shouted down by those who disagree. The law is well established that the government can act to prevent a heckler's veto -- to prevent the reaction of the audience from silencing the speaker. There is simply no 1st Amendment right to go into an auditorium and prevent a speaker from being heard, no matter who the speaker is or how strongly one disagrees with his or her message.
The remedy for those who disagreed with the ambassador was to engage in speech of their own, but in a way that was not disruptive. They could have handed out leaflets, stood with picket signs, spoken during the question-and-answer session, held a demonstration elsewhere on campus or invited their own speakers.
At the same time, I also disagree with those who call for draconian sanctions against these students or of punishment for a larger group. Only the students who were actually disruptive should be punished. Whether there will be criminal prosecutions is up to the Orange County district attorney. Within the university, the punishment should be great enough to convey that the conduct was wrong and unacceptable, but it should not be so severe as to ruin these students' educational careers.
As a matter of 1st Amendment law, this is an easy case. It would be so no matter the identity or views of the speaker or of the demonstrators. Perhaps some good can come from this ugly incident if the university uses it as an occasion to help teach its students about the meaning of free speech and civil discourse.
Good for the LA Times for running this. Kudos also to the UC Irvine admins who spoke out forcefully during the disruptions, and for following through on disciplining the students who insisted on ruining the event, despite repeated warnings not to. Oren, for what it's worth, is the picture of grace throughout the shameful drama captured in the video above.
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Comments:
In my humble opinion, if the MSA denied planning to do this when asked by campus officials, and if somehow it can be established that the protests were in fact coordinated by the MSA, then that organization ought to be banned from campus.
You just can't have people telling you bald-faced lies when you are in charge of them and responsible to others.
Cheers to Chemerinsky for standing up to the intolerance and thuggery of those who use hecklers veto to censor and deny the speech of others.
Anyone interested in these issues should check out the Foundation for Individual Rights in Education (FIRE) website.
Hi Laura -- I tend to agree. Though I can see, too, why UCI and UC-Riverside admins may find it politically expedient just to focus on the 11 students who did the actual disrupting. This week, the students received "disciplinary letters" that mark the beginning of campus judiciary proceedings against them.
According to the Orange County Register, "all University of California campuses are governed by a single set of statewide rules and UC students are held accountable to these policies at every site. Judicial action, however, is handled by administrators at the offender's home campus, meaning that the punishment for the three Riverside protesters could be different from the eight Irvine students." Other news reports note that the Orange County DA also has the option of bringing criminal charges against the students.
http://www.ocregister.com/news/students-235387-riverside-student.html
Yes, I'm sure it would be politically expedient just to focus on those 11. Sometimes the expedient thing causes you a lot more grief in the long run - like letting your toddler have all the candy she wants so she doesn't throw fits in the grocery store. Crack down once or twice and you don't have the issue anymore.
"You just can't have people telling you bald-faced lies."
Actually you can. In a political context, it's called free speech, and it has *nothing* to do with what happened here. You do not have a constitutional right to disrupt an event. You *do* have a constitutional right to express political beliefs that are wrong, misguided, based on faulty facts, etc. Do you really want the state, or a university administrator, to the arbiter of "correct" political content?
Peter, we are not talking about adjudicating the content of the students' speech. We are talking about the fact that they lied about their plans to disrupt the event.
This is the paragraph in question: "Prior to this event, campus officials heard rumors that some members of the Muslim Student Union planned to disrupt the ambassador's speech by having a series of students yell so that he could not be heard. One after another they would rise and shout, so that as each was escorted away, another would be there to make sure that the ambassador did not get to speak. When asked, the officials of the Muslim Student Union denied any plans to do this."
Laura, correct me if I am wrong. But as I understood you, you were referring the the lying, not to the views the group espouses.
Peter, surely you agree that student groups should be sanctioned when they lie outright to the administration, and do so in the service of their plans to violate campus policies?
Erin,
Assuming that I misunderstood Laura and the students did in fact lie, then yes, it is reasonable to sanction the students. That being said, I'm not exactly sure that I like the idea of an intrusive investigation into the inner workings of a student organization that would determine whether it orchestrated the protests.
I'd think that conspiracy to commit an act of trespass and disruption might be covered by normal criminal laws...any lawyers like to comment on that? Or how about a civil claim against the organization for damages?
Erin, that's exactly what I'm talking about.
I think the university has to decide what it's willing to tolerate. Actually, it is deciding it, every time it acts or fails to act. Peter, I'm not talking about just sanctioning the students, I'm talking about sanctioning the Muslim Students Association if they lied about not planning this thing. It's no different from banning a sorority or fraternity that violates hazing rules.
I'm not exactly sure that I like the idea of an intrusive investigation into the inner workings of a student organization that would determine whether it orchestrated the protests.
Given that two of the eleven disruptive blowhards were officers of the organization in question, I do not think an intrusive investigation is needed to make that determination.
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