HATE: Why We Should Resist It With Free Speech, Not Censorship

Nadine Strossen Author

11/08/2018 Added

296 Plays

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Nadine Strossen expertly dissects Constitutional law to share current challenges to our civil liberties today, stimulating thoughtful consideration of democratic ideals. https://enthompson.unl.edu/

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[00:00:07.407]>>> WELCOME TO THE 30th
[00:00:08.742]ANNIVERSARY YEAR OF THE E.N.
[00:00:10.143]THOMPSON FORUM ON WORLD ISSUES.
[00:00:12.879]>>
[00:00:13.113]TODAY, YOU ARE PART OF AN
[00:00:14.781]IMPORTANT CONVERSATION ABOUT OUR
[00:00:16.850]SHARED FUTURE. THE E.N.
[00:00:18.218]THOMPSON FORUM ON WORLD ISSUES
[00:00:19.853]EXPLORES A DIVERSITY OF
[00:00:21.521]VIEWPOINTS ON INTERNATIONAL AND
[00:00:22.756]PUBLIC POLICY ISSUES TO PROMOTE
[00:00:24.290]UNDERSTANDING AND ENCOURAGE
[00:00:25.992]DEBATE ACROSS THE UNIVERSITY AND
[00:00:27.460]THE STATE OF NEBRASKA. SINCE
[00:00:30.163]ITS INCEPTION IN 1988, HUNDREDS
[00:00:32.564]OF DISTINGUISHED SPEAKERS HAVE
[00:00:34.601]CHALLENGED AND INSPIRED US,
[00:00:36.936]MAKING THIS FORUM ONE OF THE
[00:00:38.872]PREEMINENT SPEAKER SERIES IN
[00:00:43.443]HIGHER EDUCATION. IT ALL
[00:00:45.512]STARTED WHEN E.N. "JACK"
[00:00:47.046]THOMPSON IMAGINED A FORUM ON
[00:00:48.281]GLOBAL ISSUES THAT WOULD
[00:00:50.283]INCREASE NEBRASKAN'S
[00:00:52.051]UNDERSTANDING OF CULTURES AND
[00:00:53.620]EVENTS FROM AROUND THE WORLD.
[00:00:55.422]JACK'S PERSPECTIVE WAS
[00:00:57.323]INFLUENCED BY HIS TRAVELS, HIS
[00:00:58.491]ROLE IN HELPING TO FOUND THE
[00:01:00.293]UNITED NATIONS, AND HIS WORK AT
[00:01:01.728]THE CARNEGIE ENDOWMENT FOR
[00:01:03.863]INTERNATIONAL PEACE. AS
[00:01:07.734]PRESIDENT OF THE COOPER
[00:01:09.636]FOUNDATION IN LINCOLN, JACK
[00:01:11.504]PLEDGED SUBSTANTIAL FUNDING TO
[00:01:12.839]THE FORUM. AND, THE UNIVERSITY
[00:01:14.541]OF NEBRASKA AND LIED CENTER FOR
[00:01:16.009]PERFORMING ARTS, AGREED TO
[00:01:19.045]CO-SPONSOR. LATER JACK, AND HIS
[00:01:20.613]WIFE KATIE, CREATED THE THOMPSON
[00:01:21.514]FAMILY FUND TO SUPPORT THE FORUM
[00:01:25.351]AND ALL THEIR PROGRAMS. TODAY,
[00:01:28.455]MAJOR SUPPORT IS PROVIDED BY THE
[00:01:31.224]COOPER FOUNDATION, LIED CENTER
[00:01:33.259]FOR PERFORMING ARTS, AND
[00:01:35.395]UNIVERSITY OF NEBRASKA -
[00:01:37.130]LINCOLN. WE HOPE THESE TALKS
[00:01:39.065]SPARKS AN EXCITING CONVERSATION
[00:01:40.800]AMONG YOU.
[00:01:42.001]AND NOW, ON WITH THE SHOW!
[00:01:52.979][APPLAUSE]
[00:01:55.448]>> GOOD EVENING, LADIES AND
[00:01:56.749]GENTLEMEN, I'M MIKE, WITH THE
[00:01:58.384]UNIVERSITY, AND IT IS MY HONOR
[00:01:59.619]TO WELCOME YOU TO THE E.N.
[00:02:00.987]THOMPSON FORUM ON WORLD ISSUES.
[00:02:02.856]THIS YEAR MARKS THE 30 YEARS
[00:02:04.090]THAT THE UNIVERSITY AND THE
[00:02:06.125]COOPER FOUNDATION HAVE PARTNERED
[00:02:08.360]WITH THE LIED CENTER FOR THE
[00:02:10.395]PERFORMING ARTS TO MAKE THIS
[00:02:12.465]POSSIBLE.
[00:02:12.832]TONIGHT IS PROFESSOR, AUTHOR AND
[00:02:14.834]EXPERT ON CONSTITUTIONAL LAW.
[00:02:17.770]PROFESSOR NADINE STROSSEN SERVES
[00:02:18.638]AS PROFESSOR AT NEW YORK LAW
[00:02:20.507]SCHOOL.
[00:02:20.840]SHE WAS TWICE NAMED ONE OF THE
[00:02:23.076]MOST 100 INFLUENTIAL LAWYERS IN
[00:02:24.844]AMERICA BY THE NATIONAL LAW
[00:02:26.346]JOURNAL, AND SERVED AS PRESIDENT
[00:02:27.480]OF THE AMERICAN CIVIL LIBERTIES
[00:02:29.015]UNION FOR TWO DECADES.
[00:02:31.451]IN HER NEW BOOK, SHE EXPLORES
[00:02:38.024]HOW FREE SPEECH CAN BE USED TO
[00:02:40.126]COUNTER HATE SPEECH.
[00:02:41.427]SHE WILL BE AVAILABLE TO SIGN
[00:02:42.829]HER BOOKS FOLLOWING THE LECTURE
[00:02:44.497]AND QUESTIONS AND ANSWERS.
[00:02:46.432]WITH HER EXPERT KNOWLEDGE OF THE
[00:02:48.067]CONSTITUTION, SHE IS A UNIQUE
[00:02:50.103]AND VALUABLE RESOURCE FOR
[00:02:54.941]UNDERSTANDING POLITICIAN AND
[00:02:55.808]LEGISLATION, SUCH AS FREEDOM OF
[00:02:57.510]SPEECH.
[00:02:57.844]YOU'LL HAVE THE OPPORTUNITY TO
[00:02:59.646]ASK HER QUESTIONS USING THE
[00:03:03.683]#E.N. THOMPSON FORUM.
[00:03:06.386]USHERS WILL BE COLLECTING YOUR
[00:03:08.054]QUESTIONS TO BRING THEM TO THE
[00:03:10.957]STAGE.
[00:03:11.391]THE TITLE IS "HATE: WHY WE
[00:03:15.194]SHOULD RESIST IT WITH FREE
[00:03:15.862]SPEECH, NOT CENSORSHIP."
[00:03:16.462]PLEASE JOIN ME IN GIVING A WARM
[00:03:18.364]NEBRASKA WELCOME TO NADINE
[00:03:19.032]STROSSEN.
[00:03:22.702][APPLAUSE]
[00:03:26.706]>> THANK YOU.
[00:03:27.674]THANK YOU, THANK YOU, THANK YOU.
[00:03:30.376]THANK YOU, MIKE, FOR THAT
[00:03:32.745]CORDIAL INTRODUCTION, AND THANKS
[00:03:33.713]TO THE AUDIENCE FOR THAT WARM
[00:03:37.717]NEBRASKA WELCOME.
[00:03:38.551]I'M FROM MINNESOTA, SO I ALWAYS
[00:03:41.220]LOVE COMING BACK TO THIS PART OF
[00:03:42.522]THE COUNTRY, AND I HAVE SUCH
[00:03:46.159]WARM MEMORIES OF MY LAST TIME
[00:03:49.295]HERE.
[00:03:49.796]SO, LET ME GET RIGHT INTO IT,
[00:03:53.366]WHY I FELT SO IMPASSIONED TO
[00:03:57.103]WRITE MY BOOK.
[00:03:58.271]THE MAIN TITLE OF WHICH YOU MAY
[00:04:00.506]BE ABLE TO SEE IS THAT UGLY BIG
[00:04:05.945]WORD "HATE."
[00:04:07.180]I NEED NOT TELL YOU THAT IT HAS
[00:04:13.219]BEEN TOO DOMINANT IN OUR
[00:04:16.422]DISCOURSE AND IN OUR LIVES IN
[00:04:19.659]THE RECENT PAST, NOT A DAY GOES
[00:04:21.995]BY, NOT A WEEK GOES BY WITHOUT
[00:04:25.798]SOME UGLY EPISODE OF HATEFUL
[00:04:29.435]SPEECH, OR WORSE YET, HATEFUL
[00:04:32.972]VIOLENCE, AND THE RECENT PAST
[00:04:35.975]HAS BEEN NO EXCEPTION.
[00:04:38.044]SADLY, ALL I HAVE TO DO IS
[00:04:40.246]MENTION NAMES OF CITIES, AND WE
[00:04:44.050]CAN THINK OF THE VICTIMS OF
[00:04:49.288]HATEFUL CRIMES.
[00:04:51.457]PITTSBURGH, LOUISVILLE, NEW YORK
[00:04:53.993]CITY AREA, AND INCLUDING RIGHT
[00:04:55.928]HERE.
[00:04:56.229]AND I SAY RIGHT HERE, NO MATTER
[00:04:58.031]WHERE I AM.
[00:05:00.266]I READ ABOUT HATEFUL INCIDENTS
[00:05:03.803]ON YOUR WONDERFUL CAMPUS, WHICH
[00:05:05.772]IS GENERALLY LOVING, BUT NONE OF
[00:05:09.509]US IS IMPERVIOUS TO THIS
[00:05:13.646]PROBLEM.
[00:05:14.480]THE RESURGENCE OF -- OR THE
[00:05:19.686]DOMINANCE OF HATE AND
[00:05:23.222]ACCUSATIONS OF HATRED, HAVE
[00:05:26.292]PERMEATED NOT ONLY ATTACKS ON
[00:05:29.829]PEOPLE BECAUSE OF WHO THEY ARE,
[00:05:32.932]BUT IT'S VERY RECENTLY WE SEE AN
[00:05:36.803]INCREASE IN ACCUSATIONS OF HATE,
[00:05:39.906]AND HATEFUL EXPRESSIONS BASED ON
[00:05:44.644]WHAT PEOPLE BELIEVE, AS WELL.
[00:05:46.546]SO, THERE IS TOO MUCH OF A
[00:05:49.582]TENDENCY IF PEOPLE SAY SOMETHING
[00:05:51.484]THAT WE DISAGREE WITH, HAVE AN
[00:05:54.120]IDEA THAT WE DON'T SHARE TO
[00:05:57.156]IMMEDIATELY ACCUSE THEM OF
[00:05:59.459]ENGAGING IN HATE SPEECH, AND
[00:06:01.327]SEEK TO ATTACK THEM.
[00:06:02.195]I THOUGHT IT WAS VERY
[00:06:04.430]INTERESTING AND DISTURBING IN
[00:06:07.867]THAT SPIRIT THAT A REASON THAT
[00:06:09.736]THE HATE MONGER GAVE FOR
[00:06:13.139]MASSACRING JEWS IN PITTSBURGH
[00:06:16.876]WAS BECAUSE OF THE LOVE THAT THE
[00:06:21.247]JEWISH COMMUNITY WAS SHOWING
[00:06:24.383]TOWARD REFUGEES, AND THE SHOOTER
[00:06:27.086]SAID HE HAD TO PROTECT WHITE
[00:06:30.389]PEOPLE AGAINST THE REFUGEES THAT
[00:06:32.225]THE JEWS WERE BRINGING INTO THE
[00:06:37.396]COUNTRY.
[00:06:38.197]IN ADDITION TO THE CONCERN, THE
[00:06:40.733]GENERAL CONCERN, AS A HUMAN
[00:06:42.935]RIGHTS ACTIVITY ABOUT THIS TOO
[00:06:45.404]PREVALENT PROBLEM OF HATEFUL
[00:06:47.106]SPEECH, AND HATEFUL ACTIONS, I
[00:06:50.109]HAVE A VERY IMPORTANT PERSONAL
[00:06:52.111]CONNECTION TO THE SUBJECT, WHICH
[00:06:54.647]I FEEL IT'S IMPORTANT TO
[00:06:57.350]MENTION.
[00:06:57.717]AND THAT IS MY OWN FAMILY
[00:07:01.621]HISTORY.
[00:07:01.988]MY FATHER WAS BORN IN 1922 IN
[00:07:07.360]GERMANY, AS WHAT UNDER HITLER'S
[00:07:14.700]PERNICIOUS RACIST LAWS WOULD
[00:07:17.403]DEFINE AS A JEW OF THE
[00:07:18.905]SECOND-DEGREE.
[00:07:19.338]THAT IS ONE OF MY FATHER'S
[00:07:21.207]PARENTS WAS JEWISH, THE OTHER
[00:07:22.441]WAS NOT.
[00:07:24.210]MY FATHER AS A TEENAGER WAS VERY
[00:07:26.813]ACTIVE IN POLITICAL MOVEMENTS
[00:07:28.848]AGAINST HITLER.
[00:07:30.383]I'M SO PROUD OF HIM FOR A
[00:07:33.119]COMBINATION OF THOSE TWO
[00:07:34.220]REASONS.
[00:07:35.588]HE WAS SENT TO THE CONCENTRATION
[00:07:39.625]CAMP.
[00:07:39.926]WHEN HE WAS SENT, HE WAS YOUNG
[00:07:42.094]ENOUGH AND HEALTHY ENOUGH AND
[00:07:43.529]STRONG ENOUGH THAT HE WAS NOT
[00:07:46.933]IMMEDIATELY SLATED FOR
[00:07:48.701]ASSASSINATION.
[00:07:49.368]INSTEAD, HE WAS FORCED TO DO
[00:07:52.705]SLAVE LABOR.
[00:07:54.373]YES, I'M THE DAUGHTER OF
[00:07:57.276]SOMEBODY WHO WAS ENSLAVED.
[00:07:59.645]FORCED TO DO BACK-BREAKING LABOR
[00:08:04.817]IN CRUSHING CONDITIONS WITH
[00:08:09.222]MALNOURISHMENT, STARVED TO THE
[00:08:10.356]POINT OF STARVATION, DISEASE
[00:08:14.260]RAMPANT.
[00:08:15.228]HE ALMOST DIED OF MRU...1 DAY BEFORE
[00:08:28.074]HE WAS GOING TO BE STERILIZED,
[00:08:30.376]HE WAS LIBERATED BY THE U.S.
[00:08:35.081]MILITARY.
[00:08:35.448]SO, I REALLY OWE A GENUINE DEBT
[00:08:38.150]OF GRATITUDE TO SERVICE MEMBERS
[00:08:40.620]IN THIS COUNTRY.
[00:08:42.054]THEY ALL TAKE AN OATH TO -- AN
[00:08:46.158]AFFIRMATION TO DEFEND THE
[00:08:49.195]CONSTITUTION AGAINST ALL ENEMIES
[00:08:51.664]FOREIGN OR DOMESTIC.
[00:08:52.832]I KNOW AS A HUMAN RIGHTS
[00:08:54.634]CRUSADER, I'M FIGHTING FOR THE
[00:08:57.069]VERY SAME VALUES THEY'RE
[00:08:57.803]FIGHTING FOR.
[00:09:01.474]SO, I HAVE A PERSONAL OPPOSITION
[00:09:03.142]THAT COULD NOT BE DEEPER TO
[00:09:06.479]HATRED, DISCRIMINATION, AND
[00:09:09.181]STEREOTYPING.
[00:09:09.615]I'VE ALSO BEEN SUBJECT TO HATE
[00:09:13.786]SPEECH MYSELF.
[00:09:14.887]I KNOW NOT NEARLY AS MUCH AS
[00:09:16.889]SOME OTHER MEMBERS OF OUR
[00:09:18.658]SOCIETY.
[00:09:19.025]I THINK IT'S REALLY IMPORTANT,
[00:09:21.260]AND I EXPLAIN IN MY BOOK THAT I
[00:09:23.863]REMEMBER SO VIVIDLY THE VERY
[00:09:26.132]FIRST TIME THAT I WAS SUBJECT TO
[00:09:30.169]A VICIOUS ANTI-SEMITIC EPITHET.
[00:09:34.840]AND I REMEMBER WHAT A DEEPLY
[00:09:39.345]TRAUMATIZING, SHOCKING EFFECT IT
[00:09:40.413]HAD ON ME EVEN TO THE POINT OF
[00:09:44.250]MOMENTARILY SILENCING ME.
[00:09:46.185]THOSE WHO KNOW ME WILL KNOW HOW
[00:09:49.388]EXTREMELY RARE THAT IS.
[00:09:51.257]BUT, I DO UNDERSTAND THAT WE
[00:09:54.627]HAVE FREE SPEECH CONCERNS ON
[00:09:56.262]BOTH SIDES.
[00:09:58.297]AND ONE OF THE MANY COSTS OF
[00:10:01.801]HATEFUL AND HATING SPEECH IS
[00:10:04.637]THAT IT SILENCES, OR IT CAN
[00:10:08.641]POTENTIALLY SILENCE THE VOICES
[00:10:11.077]OF THOSE WHOM IT DISPARAGES.
[00:10:15.381]NOW, WHAT I LEARNED FROM WRITING
[00:10:19.285]MY BOOK WAS AN EVEN GREATER
[00:10:24.523]RESPECT FOR U.S. LAWS
[00:10:27.693]TRADITIONAL PROTECTION OF
[00:10:29.061]FREEDOM, EVEN FOR THE THOUGHT
[00:10:31.430]THAT WE HATE TO QUOTE SUPREME
[00:10:33.366]COURT JUSTICE OLIVER WENDELL
[00:10:36.969]HOLMES, INCLUDING HATEFUL IDEAS.
[00:10:39.839]I HAD HAD THAT POSITION
[00:10:41.707]THROUGHOUT MY ADULT LIFETIME,
[00:10:43.109]BUT IT HAD BEEN A COUPLE OF
[00:10:45.311]DECADES SINCE I HAD EXPLORED THE
[00:10:48.080]SUBJECT IN DEPTH.
[00:10:49.915]AND IN THE INTERVENING TWO
[00:10:53.552]DECADES, EVIDENCE HAD DEVELOPED
[00:10:55.554]UNDER THE HATE SPEECH LAWS IN
[00:10:58.724]OTHER COUNTRIES ABOUT HOW THOSE
[00:11:01.527]LAWS WERE ACTUALLY FUNCTIONING.
[00:11:06.165]AND, I WAS SURPRISED TO SEE THE
[00:11:10.603]EXTENT TO WHICH EVIDENCE SHOWED
[00:11:12.204]DESPITE THE BEST INTENTIONS OF
[00:11:15.708]THOSE LAWS.
[00:11:17.676]AND LET ME UNDER SCORE -- IF IT
[00:11:19.779]IS NOT ALREADY CLEAR, THAT I
[00:11:23.516]COMPLETELY SHARE THE GOALS OF
[00:11:25.718]PROPONENTS OF CENSORING HATE
[00:11:28.154]SPEECH, NAMELY TO ERADICATE
[00:11:31.257]HATRED, TO AT LEAST REDUCE IT,
[00:11:33.359]TO PROMOTE EQUALITY AND DIGNITY
[00:11:36.729]AND DIVERSITY, INCLUSIVITY.
[00:11:43.302]I COULD NOT BE MORE COMMITTED TO
[00:11:45.938]THOSE GOALS.
[00:11:46.672]AND YET I BECAME MORE CONVINCED
[00:11:48.908]THAN EVER BASED ON THE AMASSING
[00:11:52.578]OF EVIDENCE WELL-INTENTIONED AS
[00:11:54.113]THOSE LAWS ARE, THEY ARE AT BEST
[00:11:58.884]INEFFECTIVE, AND AT WORST
[00:12:00.553]COUNTER PRODUCTIVE.
[00:12:03.322]SO, THE BOTTOM LINE CONCLUSION
[00:12:05.157]OF MY BOOK, AND OF MY TALK, IS
[00:12:10.162]THAT INDIVIDUAL LIBERTY
[00:12:11.530]INCLUDING FREEDOM OF SPEECH, AND
[00:12:13.599]EQUALITY, AND ALL OF THE OVER
[00:12:16.469]WONDERFUL GOALS THAT ARE HOPES
[00:12:18.704]TO BE ADVANCED BY CENSORSHIP,
[00:12:20.706]THAT THOSE GOALS IN FACT,
[00:12:22.174]FREEDOM OF SPEECH, AND EQUALITY,
[00:12:25.444]CIVIL RIGHTS AND CIVIL LIBERTIES
[00:12:30.850]ARE NOT ADD ODDS WITH EACH
[00:12:32.618]OTHER, EVEN THOUGH IT HAS BEEN
[00:12:38.591]FASHIONABLE THAT WE HAVE TO MAKE
[00:12:39.992]THE ARGUMENT BETWEEN THE TWO.
[00:12:41.594]IT IS IMPORTANT TO EXPRESS THAT
[00:12:44.063]THAT SAME BOTTOM LINE CONCLUSION
[00:12:45.798]HAS BEEN SHARED BY MAJOR CIVIL
[00:12:47.266]RIGHTS LEADERS, AND CIVIL RIGHTS
[00:12:49.568]ORGANIZATIONS, NOT ONLY IN THE
[00:12:51.470]UNITED STATES, BUT AROUND THE
[00:12:55.174]WORLD, AS WELL.
[00:12:55.941]IN THIS COUNTRY, FOR EXAMPLE,
[00:12:56.876]THAT WAS THE POSITION THAT WAS
[00:12:59.745]TAKEN BY THE LEADERS OF THE 20TH
[00:13:04.383]CENTURY CIVIL RIGHTS MOVEMENT AS
[00:13:05.818]WONDERFULLY DOCUMENTED IN A VERY
[00:13:10.456]HORNBOOK BY SAM WALKER, WHO IS
[00:13:11.824]IN THE AUDIENCE TONIGHT, I'M
[00:13:15.027]HONORED BY HIS PRESENCE, SAM, A
[00:13:17.963]DISTINGUISHED PROFESSOR EMERITUS
[00:13:20.399]OF HISTORY AT YOUR OMAHA CAMPUS
[00:13:22.701]WROTE A WONDERFUL BOOK THAT I
[00:13:25.104]REREAD IN PREPARATION OF MY BOOK
[00:13:30.643]CALLED HATE, A HISTORY OF
[00:13:33.112]AMERICAN CONTROVERSY, IN WHICH
[00:13:34.580]HE DOCUMENTS THE IMPORTANT
[00:13:36.382]COMMITMENT OF LEADERS OF THE
[00:13:38.784]CIVIL RIGHTS MOVEMENT IN THIS
[00:13:40.986]COUNTRY TO OPPOSING CENSORSHIP
[00:13:43.622]OF HATE SPEECH.
[00:13:44.723]AND ONE OF THE REASONS WHY THEY
[00:13:46.725]DID THAT WAS BECAUSE THEIR OWN
[00:13:49.595]SPEECH, ODD AS IT SEEMS AND
[00:13:51.230]BIZARRE AS IT SEEMS TO US NOW,
[00:13:53.332]IN THEIR DAY, IN THE PLACES
[00:13:56.368]WHERE THEY WERE STRUGGLING
[00:13:57.870]AGAINST SEGREGATION, AND AGAINST
[00:14:00.673]RACIAL DISCRIMINATION, AND
[00:14:03.842]INJUSTICE, THEIR IDEAS WERE
[00:14:06.412]TARGETED AS HATED, AND AS
[00:14:09.281]DANGEROUS, AND AS SUBVERSIVE,
[00:14:12.051]AND EVEN AS HATEFUL.
[00:14:15.621]WHY DID MARTIN LUTHER KING WRITE
[00:14:16.922]HIS HISTORIC LETTER FROM A
[00:14:19.792]BIRMINGHAM JAIL?
[00:14:20.392]BECAUSE CENSORSHIP OF ALL KINDS,
[00:14:23.262]INCLUDING HATE SPEECH LAWS
[00:14:26.632]TARGETED THOSE IDEAS.
[00:14:27.967]IN THE -- I HAVE THREE EPIGRAPHS
[00:14:33.672]IN MY BOOK ALL ON THE THEME THAT
[00:14:35.841]THE BEST WAY TO COUNTER HATRED
[00:14:40.913]AND ANY IDEA THAT WE STRONGLY
[00:14:43.816]DISAGREE WITH IS NOT THROUGH
[00:14:45.918]CENSORSHIP, BUT RATHER THROUGH
[00:14:47.553]MORE SPEECH.
[00:14:49.255]WHAT LAWYERS OFTEN CALL COUNTER
[00:14:52.124]SPEECH.
[00:14:52.458]ONE OF THOSE THREE EPIGRAPHS IS
[00:14:55.794]FROM MARTIN LUTHER KING HIMSELF
[00:14:57.363]WHEN HE SAID, IN THE END, WHAT
[00:15:02.067]WE WILL REMEMBER MORE THAN THE
[00:15:05.771]WORDS OF OUR ENEMIES IS THE
[00:15:09.074]SILENCE OF OUR FRIENDS.
[00:15:10.943]THE REAL IMPORTANCE, AND THE
[00:15:12.678]REAL POWER THAT ALL OF US HAVE
[00:15:15.648]IN RAISING OUR VOICES AGAINST
[00:15:19.752]HATRED.
[00:15:20.219]AND THE MAJOR ORGANIZATIONS
[00:15:21.687]TODAY THAT HAVE BEEN LEADING THE
[00:15:25.724]CHARGE AGAINST HATE MONGERS OF
[00:15:26.959]ALL SORTS, INCLUDING THE ADL,
[00:15:29.995]THE ANTI-DEFAMATION LEAGUE AND
[00:15:31.697]THE SOUTHERN POVERTY LAW CENTER,
[00:15:33.165]ALSO HAVE REACHED THAT SAME
[00:15:35.434]CONCLUSION, THAT CENSORSHIP DOES
[00:15:39.104]MORE HARM THAN GOOD.
[00:15:41.073]SO WHAT SHOULD WE DO TO COUNTER
[00:15:45.077]THE NEGATIVE IMPACT OF HATEFUL
[00:15:48.180]ATTITUDES AND EXPRESSION?
[00:15:50.182]HOW SHOULD WE RESPOND TO HATEFUL
[00:15:52.951]CONDUCT THAT PLAGUES OUR
[00:15:54.353]SOCIETY?
[00:15:54.720]AND HERE, I'LL SAY THAT JUST AS
[00:15:58.824]MY RESEARCH SHOWED THAT
[00:16:01.694]CENSORSHIP IS EVEN LESS
[00:16:02.661]EFFECTIVE, AND MORE COUNTER
[00:16:05.798]PRODUCTIVE THAN I HAD BELIEVED
[00:16:07.032]IT TO BE, I WOULD SO ENCOURAGE
[00:16:10.803]EVEN MORE THAN I EXPECTED TO BE,
[00:16:14.239]BY THE EFFICACY OF NON CENSORIAL
[00:16:19.378]ALTERNATES.
[00:16:20.012]FIRST OF ALL, LET'S START WITH
[00:16:22.581]THE DISCRIMINATORY AND VIOLENT
[00:16:25.984]CONDUCT ITSELF.
[00:16:27.753]YES, WE HAVE TAKEN VERY BIG
[00:16:30.689]STRIDES IN THIS COUNTRY, THANKS
[00:16:31.924]IN PART TO THE CIVIL RIGHTS
[00:16:34.326]MOVEMENT OF THE LAST CENTURY.
[00:16:36.528]BUT WE STILL HAVE UNFINISHED
[00:16:38.864]BUSINESS.
[00:16:39.231]AND SOMETIMES IT'S FRUSTRATING
[00:16:40.866]TO ME TO HAVE PEOPLE FOCUS ON
[00:16:44.203]HATEFUL WORDS.
[00:16:47.539]BECAUSE, THEY ARE A RATHER
[00:16:51.610]SUPERFICIAL MANIFESTATION OF
[00:16:53.812]DEEP SEATED ATTITUDES.
[00:16:54.847]WE DEFINITELY HAVE TO TRY TO
[00:16:56.882]CHANGE THOSE ATTITUDES THROUGH
[00:16:59.251]EDUCATION, AND OTHER USES OF OUR
[00:17:03.055]FREE SPEECH, AND THEY ALSO ARE
[00:17:06.358]NOT AS DIRECTLY DAMAGING AS
[00:17:09.627]OUTRIGHT DISCRIMINATORY CONDUCT.
[00:17:11.329]SO, IN THIS COUNTRY, WE HAVE
[00:17:15.233]PASSED MANY LAWS THAT MAKE IT
[00:17:20.071]ILLEGAL TO DISCRIMINATE ON MANY
[00:17:21.607]BASES, BUT WE HAVE NOT FINISHED
[00:17:24.143]OUR WORK ON THAT FRONT.
[00:17:25.511]AT THE NATIONAL LEVEL OF THIS
[00:17:27.813]COUNTRY, AND IN TOO MANY CITIES
[00:17:29.882]AND STATES, IT STILL IS
[00:17:34.720]COMPLETELY LEGAL TO DISCRIMINATE
[00:17:39.391]AGAINST INDIVIDUALS BECAUSE OF
[00:17:40.492]THEIR SEXUAL ORIENTATION OR
[00:17:42.394]GENDER IDENTITY.
[00:17:43.362]WE HAVE TO MAKE THAT KIND OF
[00:17:46.565]DISCRIMINATION ILLEGAL.
[00:17:48.534]EVEN WITH RESPECT TO
[00:17:51.303]DISCRIMINATORY CONDUCT THAT IS
[00:17:53.705]TECHNICALLY ILLEGAL BECAUSE
[00:17:55.407]THERE ARE LAWS ON THE BOOKS.
[00:17:57.910]THOSE LAWS ARE BEING THWARTED
[00:17:59.711]AND NOT SUFFICIENTLY ENFORCED IN
[00:18:02.648]TOO MANY INSTANCES.
[00:18:03.949]HERE, THE DAY AFTER ELECTION
[00:18:06.418]DAY, THE MOST PROMINENT EXAMPLE
[00:18:08.620]THAT SPRINGS TO MY MIND IS THE
[00:18:11.256]HISTORIC 1965 VOTING RIGHTS ACT.
[00:18:15.527]SURELY A LANDMARK PIECE OF
[00:18:17.729]LEGISLATION.
[00:18:18.430]BUT, WHICH HAS BEEN RENEWED
[00:18:21.400]MULTIPLE TIMES, AND YET AS MANY
[00:18:25.070]OF YOU KNOW, ITS EFFECTIVENESS
[00:18:28.207]HAS BEEN DEEPLY DAMAGED AS A
[00:18:29.508]RESULT OF DISTORTED
[00:18:33.846]INTERPRETATION BY THE UNITED
[00:18:34.646]STATES SUPREME COURT.
[00:18:36.648]ITS EFFICACY HAS BEEN UNDERMINED
[00:18:38.884]THROUGH VOTER SUPPRESSION LAWS
[00:18:41.053]THAT HAVE BEEN PASSED BY TOO
[00:18:42.187]MANY STATES AND LOCAL
[00:18:43.655]GOVERNMENTS AROUND THE COUNTRY.
[00:18:46.325]THEREFORE DISPROPORTIONATELY
[00:18:50.095]DISENFRANCHISING AMONG OTHERS,
[00:18:51.730]MEMBERS OF RACIAL MINORITIES,
[00:18:54.633]AND AMONG OTHER STUDENTS.
[00:18:58.170]SO, LET'S REALLY ADDRESS THESE
[00:19:01.340]DIRECT ATTACKS ON EQUALITY.
[00:19:03.175]AND THEN THERE'S THE PROBLEM OF
[00:19:07.379]DISCRIMINATORY VIOLENCE.
[00:19:09.515]HERE, I WANT TO SAY THAT AS I'LL
[00:19:12.751]EXPLAIN IN A MOMENT, THE TERM
[00:19:16.955]"HATE SPEECH."
[00:19:18.357]I USE IN QUOTATION MARKS ALL THE
[00:19:20.392]WAY THROUGH MY BOOK, AND I'LL
[00:19:22.461]GIVE YOU ONE AIR QUOTE HERE, AND
[00:19:24.029]THEN NO MORE.
[00:19:24.930]BUT JUST REMEMBER, IT IS NOT A
[00:19:28.867]CONSTITUTIONAL LAW TERM OF ART,
[00:19:30.869]AND I WILL GET INTO THAT IN A
[00:19:33.105]MOMENT.
[00:19:34.206]BUT THE CONCEPT OF HATE CRIME IS
[00:19:38.243]A LEGALLY RECOGNIZED CONCEPT.
[00:19:41.847]SOMETIMES IT'S CALLED BIAS
[00:19:43.749]CRIME.
[00:19:44.082]THAT IS WHEN THERE IS AN ACTION
[00:19:48.487]THAT IS INDEPENDENTLY CRIMINAL
[00:19:50.422]AND PUNISHABLE, INDEPENDENTLY OF
[00:19:54.893]ANY THOUGHT OR EXPRESSION.
[00:19:56.895]SAY, VANDALISM, OR AN ASSAULT.
[00:20:00.098]WHEN THE VICTIM IS INTENTIONALLY
[00:20:03.769]SINGLED OUT FOR A DISCRIMINATORY
[00:20:06.138]REASON.
[00:20:06.471]IT CAN BE TREATED AS A HATE
[00:20:09.107]CRIME OR BIAS CRIME, AND SUBJECT
[00:20:12.411]TO A GREATER PENALTY ON THE
[00:20:14.413]RATIONALE THAT IT CAUSES GREATER
[00:20:16.782]HARM BOTH TO THE INDIVIDUAL
[00:20:19.217]VICTIM, TO THE COMMUNITY OF
[00:20:20.352]WHICH THE VICTIM IS A MEMBER,
[00:20:22.788]AND TO OUR LARGER SOCIETY.
[00:20:26.024]AND HERE, TOO, WE HAVE
[00:20:29.328]UNFINISHED BUSINESS.
[00:20:31.129]ALTHOUGH THOSE LAWS EXIST, ALL
[00:20:33.065]OVER THE COUNTRY, AND AT THE
[00:20:39.071]FEDERAL LEVEL, UNFORTUNATELY,
[00:20:41.006]LAW ENFORCEMENT HAS BEEN FALLING
[00:20:41.807]SHORT IN ENFORCING THE LAW, AND
[00:20:45.310]IN ACTUALLY MONITORING,
[00:20:48.680]INVESTIGATING, AND PROSECUTING
[00:20:51.650]WHITE SUPREMACISTS.
[00:20:52.551]AND HERE I'LL CITE A WONDERFUL
[00:20:55.454]ARTICLE, WELL, WONDERFUL, IN HOW
[00:20:57.956]WELL-RESEARCHED IT WAS, TERRIBLE
[00:20:59.224]IN THE FACTS THAT IT REPORTS.
[00:21:02.461]IT WAS PUBLISHED ONLINE IN "THE
[00:21:04.830]NEW YORK TIMES" A COUPLE OF DAYS
[00:21:05.931]AGO.
[00:21:06.198]AND IT'S GOING TO BE THE COVER
[00:21:09.301]STORY IN "THE NEW YORK TIMES"
[00:21:12.270]SUNDAY MAGAZINE THIS COMING
[00:21:13.171]WEEK.
[00:21:13.839]THE AUTHOR WAS JUST INTERVIEWED
[00:21:17.242]ON TERRI GROSS'S FRESH AIR ON
[00:21:20.078]NPR TODAY, AND THE AUTHOR'S NAME
[00:21:24.983]IS JANET WRITEMAN, THE DAUGHTER
[00:21:29.154]OF ALAN WRIGHTMAN, A LONG TIME
[00:21:31.423]ASSOCIATE DIRECTOR OF THE ACLU.
[00:21:34.760]JANET'S ARTICLE IS HEADLINED,
[00:21:37.562]U.S. LAW ENFORCEMENT FAILED TO
[00:21:39.398]SEE THE THREAT OF WHITE
[00:21:43.702]NATIONALISM, NOW THEY DON'T KNOW
[00:21:45.137]HOW TO STOP IT.
[00:21:47.439]THAT'S THE HEADLINE.
[00:21:49.041]AND THE SUB HEADLINE IS FOR TWO
[00:21:52.344]DECADES DOMESTIC COUNTER
[00:21:54.279]TERRORISM STRATEGY HAS IGNORED
[00:21:56.415]THE RISING DANGER OF FAR RIGHT
[00:22:00.352]EXTREMISM.
[00:22:00.719]IN THE ATMOSPHERE OF WILLFUL
[00:22:04.723]INDIFFERENCE, A VIRULENT
[00:22:06.692]MOVEMENT HAS GROWN AND
[00:22:08.727]METASTASIZED.
[00:22:09.161]I COULD NOT RECOMMEND THE
[00:22:11.363]ARTICLE, WHICH IS ON ROUTE TO
[00:22:14.132]BEING TURNED INTO A BOOK MORE
[00:22:15.967]STRONGLY.
[00:22:16.334]AND I HAVE TO EMPHASIZE THAT
[00:22:19.237]THIS PROBLEM IS DESPITE THE
[00:22:23.442]EFFORTS AND CONCERNS OF LAW
[00:22:25.043]ENFORCEMENT AT EVERY LEVEL,
[00:22:27.379]LOCAL, STATE, NATIONAL, FBI.
[00:22:29.448]IT'S FOR POLITICAL REASONS.
[00:22:31.717]AND POLITICAL REASONS THAT HAVE
[00:22:33.552]BEEN SOMEWHAT DIFFERENT IN THE
[00:22:34.786]LAST TWO DECADES, DEPENDING ON
[00:22:38.557]WHICH ADMINISTRATION WAS IN
[00:22:40.025]POWER.
[00:22:40.358]BUT THE ESSENCE OF THE PROBLEM,
[00:22:41.460]WHEN YOU THINK OF THE TWO
[00:22:44.162]DECADES, GOES BACK TO 9/11, WHEN
[00:22:46.965]WE DECLARED WAR ON TERROR, AND
[00:22:52.537]STRENGTHENED LAW ENFORCEMENT
[00:22:53.505]RESOURCES WHOLLY
[00:22:57.676]DISPROPORTIONATELY TOWARDS
[00:23:04.516]INTERNATIONAL TERRORISM, JIHADI
[00:23:06.218]TERRORISM.
[00:23:06.585]AT THE COST OF LOOKING AT
[00:23:09.121]DOMESTIC TERRORISTS, WHITE
[00:23:10.622]SUPREMACISTS, WHO HAVE CAUSED
[00:23:12.791]THE VAST MAJORITY OF DEATHS IN
[00:23:16.728]THIS COUNTRY GOING BACK TO 9/11.
[00:23:19.131]SO, THAT'S A VERY IMPORTANT
[00:23:22.701]COUNTER MEASURE THAT WE HAVE TO
[00:23:24.069]TAKE TO DEAL WITH THE PROBLEM OF
[00:23:26.438]HATE CONSTRUCTIVELY.
[00:23:27.472]THEN THERE IS THE CONCEPT THAT I
[00:23:31.009]MENTIONED EARLIER, COUNTER
[00:23:34.146]SPEECH, THAT'S NOT MY PREFERRED
[00:23:36.047]TERM.
[00:23:36.348]BUT IT IS WHAT'S USED OFTEN BY
[00:23:38.550]LAWYERS.
[00:23:38.917]BUT, HERE'S THE WAY TO THINK OF
[00:23:42.754]IT.
[00:23:43.054]IT IS ANY WAY THAT ANYBODY CAN
[00:23:47.225]USE OUR OWN FREE SPEECH RIGHT TO
[00:23:50.796]COUNTER THE EXISTENCE, AND THE
[00:23:54.065]POTENTIAL HARMFUL IMPACT OF
[00:23:57.402]HATEFUL HATE SPEECH.
[00:23:59.404]AND LITERALLY, THERE IS AN
[00:24:01.940]INFINITE ARRAY OF SUCH OPTIONS
[00:24:04.075]AVAILABLE TO US.
[00:24:04.976]ONE OF THE THINGS THAT WAS SO
[00:24:07.112]ENCOURAGING TO ME WAS TO SEE THE
[00:24:11.483]WONDERFUL VARIETY OF WAYS THAT
[00:24:14.519]GOVERNMENT OFFICIALS, BUSINESS
[00:24:17.823]LEADERS, COMMUNITY LEADERS,
[00:24:19.457]CAMPUS ADMINISTRATORS, STUDENTS,
[00:24:21.259]JUST MEMBERS OF OUR COMMUNITY
[00:24:23.028]ARE ENGAGING IN THIS WONDERFUL
[00:24:26.331]PROCESS OF USING OUR FREE SPEECH
[00:24:28.934]RIGHTS TO DROWN OUT THE HATERS.
[00:24:31.236]TO MENTION JUST A COUPLE OF
[00:24:34.239]EXAMPLES, AND LET ME SAY, I'VE
[00:24:37.742]SEEN WONDERFUL EXAMPLES IN THIS
[00:24:39.444]COMMUNITY.
[00:24:40.879]I READ ABOUT THE WHITE
[00:24:42.714]SUPREMACIST WHO HAD SOME
[00:24:44.549]POSTINGS HERE, A STUDENT HERE,
[00:24:47.652]AND THAT HAPPENED LAST SPRING,
[00:24:50.956]THAT GAVE RISE TO A UNL AGAINST
[00:24:54.693]HATE, TO THE SLOGAN "HATE WILL
[00:24:57.162]NEVER WIN" BEING, AMONG OTHER
[00:24:58.597]THINGS ON THE T-SHIRTS OF YOUR
[00:25:00.599]BASKETBALL TEAM, AND I TALKED TO
[00:25:02.701]SOME STUDENTS TODAY WHO SAID
[00:25:04.469]THAT THEY FELT THAT THE HATEFUL
[00:25:06.905]MESSAGE, DEPLORABLE AS IT WAS,
[00:25:09.307]WAS SO COMPLETELY DROWNED OUT BY
[00:25:14.379]THE CHORUS OF AFFIRMATIONS OF
[00:25:17.349]EQUALITY AND DIGNITY ON THIS
[00:25:18.550]CAMPUS.
[00:25:19.217]SO, CERTAINLY ONE CAN REBUT THE
[00:25:23.388]IDEAS.
[00:25:23.722]ONE CAN ENGAGE PROACTIVELY IN
[00:25:29.761]EDUCATION, TO IMMUNIZE PEOPLE,
[00:25:32.831]THE ORGANIZATIONS I MENTIONED,
[00:25:35.066]THE ANTI-DEFAMATION LEAGUE AND
[00:25:36.868]THE SOUTHERN POVERTY LAW CENTER
[00:25:39.204]ARE AMONG MANY THAT HAVE
[00:25:40.639]DEVELOPED WONDERFUL RESOURCES
[00:25:42.340]FOR THAT END STARTING AT THE
[00:25:44.976]EARLIEST AGES IN OUR SCHOOL
[00:25:48.480]SYSTEM.
[00:25:48.813]NON DISRUPTIVE PROTESTS, RIGHT
[00:25:52.884]ON FREE SPEECH, ESPECIALLY THE
[00:25:55.453]MOST ARDENT FREE SPEECH
[00:25:57.289]DEFENDERS WOULD DEFEND THE RIGHT
[00:26:00.292]TO PROTEST A SPEAKER WHO IS
[00:26:02.894]CONVEYING IDEAS THAT YOU
[00:26:04.663]STRONGLY REPUDIATE, INCLUDING
[00:26:06.932]HATEFUL IDEAS.
[00:26:08.633]IT SHOULD BE NON DISRUPTIVE, IT
[00:26:10.602]SHOULD NOT PREVENT THE SPEAKER
[00:26:12.437]FROM CONVEYING THE MESSAGE TO A
[00:26:17.275]WILLING AUDIENCE.
[00:26:19.811]APOLOGY, IT IS SO INTERESTING
[00:26:22.747]THAT SOCIAL SCIENCE RESEARCH
[00:26:24.215]VALIDATES WHAT SEEMS TO BE
[00:26:25.984]COMMON SENSE.
[00:26:26.518]I ALWAYS ENJOY READING THAT.
[00:26:28.553]AND SO, A SINCERE APOLOGY FOR
[00:26:32.557]THE MANY INSTANCES OF SPEECH
[00:26:35.427]THAT IS UNWITTINGLY CONVEYING
[00:26:42.067]STEREOTYPES, OR DISCRIMINATORY
[00:26:43.401]STUDENTS.
[00:26:43.768]A LOT OF IT IS A RESULT OF
[00:26:46.538]INSENSITIVITY OR IGNORANCE, IT
[00:26:48.039]STILL CAN DO A LOT OF HURT.
[00:26:50.275]I'M NOT TRYING TO CAMOUFLAGE
[00:26:52.477]THAT.
[00:26:52.777]BUT SOCIAL PSYCHOLOGISTS SAY
[00:26:56.781]THAT THE VALUE OF A SINCERE
[00:26:59.584]APOLOGY IS EXTREMELY MEANINGFUL
[00:27:01.886]TO THE PERSON -- BOTH TO THE
[00:27:04.189]PERSON WHO IS DISPARAGED BY THE
[00:27:06.691]SPEECH, AND TO THE SPEAKER.
[00:27:11.096]SUPPORT FOR PEOPLE WHO ARE
[00:27:13.932]DISPARAGED BY HATE SPEECH,
[00:27:15.633]AGAIN, EXPERTS SAY THAT IS SO
[00:27:19.337]MEANINGFUL.
[00:27:19.738]IT IS NOT JUST WORDS.
[00:27:20.772]AND HERE, I WANT TO SAY I WENT
[00:27:24.509]BACK AND REREAD A SERIES OF
[00:27:28.580]PIONEERING LAW REVIEW ARTICLES
[00:27:30.148]THAT WERE WRITTEN WAY BACK IN
[00:27:32.317]THE 1980's BY MINORITY LAW
[00:27:36.087]PROFESSORS WHO WERE THE FIRST
[00:27:36.988]ONES TO MAKE A SERIOUS EFFORT TO
[00:27:42.227]DOCUMENT THE POTENTIAL HARMFUL
[00:27:45.630]IMPACT OF HATEFUL SPEECH IN
[00:27:49.434]TERMS OF PSYCHOLOGICAL TRAUMA,
[00:27:52.270]EMOTIONAL HARM, WHICH HAD
[00:27:55.774]PHYSIOLOGICAL ADVERSE IMPACTS.
[00:27:57.342]AND AS I MENTIONED EARLIER, CAN
[00:27:59.477]AT LEAST POTENTIALLY HAVE A
[00:28:02.347]SILENCING IMPACT ON SPEECH.
[00:28:03.948]AND WHAT I HAD FORGOTTEN WAS
[00:28:06.584]THAT THEY COMPLAINED BACK IN THE
[00:28:10.288]80's THAT EVEN WORSE THAN THE
[00:28:11.856]HARM THAT WAS CAUSED BY THE HATE
[00:28:16.027]SPEECH ITSELF WAS THE FAILURE OF
[00:28:18.897]OTHER MEMBERS OF OUR SOCIETY TO
[00:28:21.566]PAY ANY ATTENTION TO THE
[00:28:24.269]PROBLEM.
[00:28:24.602]SO THEY SAID THAT THERE WAS NO
[00:28:26.838]MEDIA ATTENTION TO INSTANCES OF
[00:28:28.440]HATE SPEECH, THERE WAS NO
[00:28:32.377]SUPPORT FROM CAMPUSES, AND THAT
[00:28:34.045]THEY FELT THAT THEY WERE
[00:28:36.614]ISOLATED AND ALIENATED, AND LEFT
[00:28:38.383]TO FEEL THAT THE HATE MONGERS
[00:28:40.452]WERE SPEAKING FOR THE ENTIRE
[00:28:43.688]COMMUNITY.
[00:28:44.289]WE STILL HAVE VERY SERIOUS
[00:28:45.623]ONGOING PROBLEMS, AS I BEGAN MY
[00:28:48.693]REMARKS BY UNDERSCORING.
[00:28:50.462]BUT, IN THAT RESPECT, WE HAVE
[00:28:54.999]SEEN SUCH A CHANGE.
[00:28:56.201]FIRST OF ALL, THE MEDIA ARE
[00:29:00.371]COVERING THESE INCIDENTS.
[00:29:01.506]EVERY CAMPUS INCIDENT, EVERY
[00:29:04.609]OTHER INCIDENT, UPCOMING THAT IT
[00:29:06.911]IS PART OF A LARGER PATTERN.
[00:29:09.147]SECONDLY, THERE IS AN OUTPOURING
[00:29:11.649]OF CRITICISM OF HATEFUL IDEAS,
[00:29:14.953]TO USE CAMPUS AS AN EXAMPLE,
[00:29:16.354]INCLUDING YOUR CAMPUS, FROM THE
[00:29:19.757]TOP LEADERS OF THE
[00:29:21.726]ADMINISTRATION, TO LEADERS OF
[00:29:23.895]STUDENT GOVERNMENT, OTHER
[00:29:24.796]STUDENT LEADERS, INCLUDING
[00:29:26.364]ATHLETES, AND FROM FELLOW
[00:29:28.266]STUDENTS.
[00:29:28.900]AND, SO IT'S SO INTERESTING THAT
[00:29:31.269]THAT IS SOMETHING THAT IS REALLY
[00:29:36.174]MEANINGFUL.
[00:29:38.276]AND I'LL QUOTE BUZZ FEED DID A
[00:29:40.078]SURVEY ABOUT A YEAR AGO ABOUT
[00:29:41.980]THE INCIDENTS WHICH HATE SPEECH
[00:29:45.183]ON CAMPUSES SINCE THE 2016
[00:29:47.619]ELECTION.
[00:29:48.052]AND THEY FOUND THAT WHILE THERE
[00:29:51.589]WERE STILL TOO MANY INCIDENTS,
[00:29:53.424]EVEN ONE INCIDENT WOULD BE TOO
[00:29:55.927]MANY.
[00:29:56.227]THERE WERE FAR MORE THAN ONE.
[00:29:59.030]BUT THE VAST MAJORITY OF
[00:30:01.099]STUDENTS, INCLUDING MINORITY
[00:30:03.868]STUDENTS, FELT THAT THEIR
[00:30:05.170]CAMPUSES HAD RESPONDED
[00:30:08.239]APPROPRIATELY, INCLUDING WITH
[00:30:10.375]THE PRESIDENT OF THE UNIVERSITY
[00:30:12.210]PROMPTLY CONDEMNING THE HATEFUL
[00:30:14.646]IDEA ON SAYING THAT THIS IS
[00:30:16.581]CONTRARY TO THE VALUES THAT WE
[00:30:19.284]ESPOUSE AS A COMMUNITY, AND
[00:30:21.920]THEREFORE, THEY WERE SATISFIED
[00:30:23.922]WITH THE NET RESULT OF THE
[00:30:26.824]SITUATION.
[00:30:27.225]THERE ARE -- THERE'S A WHOLE
[00:30:28.193]HOST OF OTHER THINGS THAT CAN BE
[00:30:31.462]DONE, INCLUDING RIDICULE, HUMOR,
[00:30:35.233]THIS MORNING, I HAPPENED TO BE
[00:30:39.704]LISTENING TO NEBRASKA PUBLIC
[00:30:46.277]RADIO, YOUR NPR AFFILIATE.
[00:30:47.245]YOU MIGHT HAVE NOTICED, TO ME, A
[00:30:52.183]WONDERFUL PIECE ABOUT THE SONG,
[00:30:55.787]LABAMBA, AND HOW THAT HAD BEEN
[00:30:57.522]PLAYED BY SOME COUNTER
[00:31:02.627]DISCRIMINATORS OUTSIDE A WHITE
[00:31:03.461]SUPREMACIST RALLY, AND THE MUSIC
[00:31:05.396]WAS SO CAPTIVATING, THEY QUOTED
[00:31:08.833]TREVOR NOAH, LOOK, THE NAZIS ARE
[00:31:13.004]DANCING.
[00:31:13.371]THE MUSIC WAS JUST SO CONTAGION
[00:31:16.474]IN SPIRIT.
[00:31:17.375]AND HERE'S A REAL PARADOX, THAT
[00:31:20.144]ONE OF THE MOST EFFECTIVE FORUMS
[00:31:21.980]OF COUNTER SPEECH, USING YOUR
[00:31:26.684]FREE SPEECH RIGHTS TO DIMINISH
[00:31:28.586]THE POSTED A VERSE IMPACT OF THE
[00:31:32.390]HATEFUL SPEECH IS SILENCE.
[00:31:34.359]IGNORE IT.
[00:31:35.260]DON'T GIVE THE HATE MONGERS THE
[00:31:38.496]OXYGEN AND ATTENTION THAT THEY
[00:31:40.498]ARE SEEKING.
[00:31:41.599]LAST YEAR, THE SOUTHERN POVERTY
[00:31:43.534]LAW CENTER PUT OUT A GUIDE TO
[00:31:47.572]COLLEGE STUDENTS BECAUSE OF
[00:31:49.340]INFORMATION THAT WHITE
[00:31:50.208]SUPREMACISTS WERE GOING TO BE
[00:31:51.609]ORGANIZING, AND RECRUITING ON
[00:31:53.678]COLLEGE CAMPUSES, AND IT WAS
[00:31:55.747]GUIDELINES WHAT TO DO WHEN YOU
[00:31:56.948]KNOW THAT THEY'RE COMING TO YOUR
[00:31:58.182]CAMPUS.
[00:31:58.516]AND THEY HAD A NUMBER OF
[00:32:00.485]POSITIVE SUGGESTIONS, BUT ONE OF
[00:32:02.854]THEM WAS, PLEASE RESIST THE
[00:32:06.424]TEMPTATION TO TRY TO SILENCE
[00:32:08.159]THEM, TO TRY TO CENSOR THEM, TO
[00:32:10.962]VIOLENTLY, OR, YOU KNOW,
[00:32:13.231]CONFRONTATIONAL TACTICS, OR
[00:32:16.200]DISRUPTIVE TACTICS.
[00:32:17.802]AND THEY FEEL MORALLY
[00:32:19.637]SATISFYING, BUT YOU ARE JUST
[00:32:21.806]PLAYING INTO THEIR STRATEGY,
[00:32:23.441]WHICH IS TO SEEK ATTENTION, AND
[00:32:26.010]SYMPATHY THAT THEY OTHERWISE
[00:32:27.378]WOULD NOT HAVE.
[00:32:28.713]SO, THERE'S A WHOLE -- AND I'M
[00:32:31.115]NOT SAYING THAT SILENCE IS
[00:32:33.718]ALWAYS THE BEST APPROACH.
[00:32:34.852]IN FAIRNESS, THE SPLC SAYS HAVE
[00:32:38.723]YOUR OWN POSITIVE AFFIRMATIVE
[00:32:42.260]EVENT ELSEWHERE ON CAMPUS SO
[00:32:45.330]THAT IT'S NOT CONFRONTATIONAL,
[00:32:47.732]THAT BECOMES A MAGNET FOR MEDIA
[00:32:49.867]ATTENTION.
[00:32:50.435]HAVE YOUR OWN FESTIVAL WITH
[00:32:51.903]YOU'RE AFFIRMATIVELY CELEBRATING
[00:32:54.272]DIVERSITY AND INCLUSIVITY AND
[00:32:56.674]EQUALITY, HAVE MUSIC AND
[00:32:58.409]DANCING.
[00:32:58.743]SO, IN ANY SITUATION, WE WANT TO
[00:33:01.279]BE STRATEGIC ABOUT WHAT IS THE
[00:33:04.048]MOST EFFECTIVE STRATEGY FOR
[00:33:06.284]COUNTERING THE HATEFUL MESSAGE.
[00:33:07.885]AND, AGAIN, THIS IS NOT ONLY
[00:33:11.789]CONSISTENT WITH FIRST AMENDMENT
[00:33:14.158]PRINCIPLES, IT IS ACTUALLY MORE
[00:33:15.893]EFFECTIVE.
[00:33:16.694]SO, I HAVE BASICALLY TWO WHAT WE
[00:33:21.766]LAWYERS CALL INDEPENDENTLY
[00:33:23.434]SUFFICIENT, I.E., EACH ONE COULD
[00:33:25.670]STAND ON ITS OWN MERITS.
[00:33:27.038]TWO REASONS FOR THE CONCLUSION
[00:33:29.173]THAT CENSORSHIP IS THE WRONG WAY
[00:33:32.443]TO GO.
[00:33:35.580]ONE IS BASED ON FIRST AMENDMENT
[00:33:37.949]PRINCIPLES.
[00:33:38.349]THE SECOND ONE IS BASED JUST ON
[00:33:44.489]STRATEGIC, PRAGMATIC POLICY
[00:33:46.657]CONCERNS.
[00:33:47.125]AND THEREFORE, I MAINTAIN THAT
[00:33:50.294]EVEN IN SITUATIONS WHERE THE
[00:33:53.431]FIRST AMENDMENT DOES NOT APPLY,
[00:33:57.368]WE SHOULD STILL FOLLOW FIRST
[00:33:59.570]AMENDMENT PRINCIPLES FOR
[00:34:01.305]PRAGMATIC REASONS.
[00:34:02.306]AND THAT'S WHY I ARGUE THAT EVEN
[00:34:05.576]COUNTRIES OTHER THAN THE UNITED
[00:34:07.378]STATES, WHICH DO NOT HAVE THE
[00:34:10.081]FIRST AMENDMENT, OR SIMILAR
[00:34:12.516]GUARANTEES OF -- STRONG
[00:34:14.918]GUARANTEES OF FREE SPEECH IN
[00:34:16.888]THEIR OWN SYSTEMS SHOULD
[00:34:18.656]NONETHELESS NOT CENSOR HATE
[00:34:20.257]SPEECH.
[00:34:20.591]AND THAT'S WHY I ARGUE THAT
[00:34:24.896]PRIVATE SECTOR COMPANIES SUCH AS
[00:34:27.031]SOCIAL MEDIA COMPANIES, WHICH
[00:34:28.132]ALSO ARE NOT BOUND BY THE FIRST
[00:34:32.003]AMENDMENT, NONETHELESS SHOULD
[00:34:33.371]CHOOSE TO ADHERE TO FIRST
[00:34:35.473]AMENDMENT PRINCIPLES.
[00:34:37.007]SO, LET ME QUICKLY OUTLINE THOSE
[00:34:40.077]PRINCIPLES, AND THEN I'LL TURN
[00:34:41.779]TO THE PRAGMATIC ARGUMENTS.
[00:34:43.981]IN TERMS OF FIRST AMENDMENT
[00:34:48.652]PRINCIPLES, I GAINED A DEEPER
[00:34:49.754]RESPECT FOR THEM AS A RESULT OF
[00:34:51.121]THE RESEARCH I DID.
[00:34:53.291]THERE IS SO MUCH DISTORTION AND
[00:34:57.361]OVERSIMPLIFICATION THAT I THINK
[00:34:58.563]IF MOST PEOPLE UNDERSTOOD WHAT
[00:35:01.566]THE FIRST AMENDMENT REALLY
[00:35:04.068]PROVIDES, THEY WOULD BE SO
[00:35:07.872]SUPPORTIVE.
[00:35:08.272]WE OFTEN HEAR HATE SPEECH IS NOT
[00:35:09.474]FREE SPEECH.
[00:35:11.976]THAT IS NOT TRUE.
[00:35:14.178]THERE IS NO CATEGORICAL HATE
[00:35:16.781]SPEECH EXCEPTION TO THE FIRST
[00:35:18.916]AMENDMENT.
[00:35:19.450]BUT, WE ALSO OFTEN HEAR THE
[00:35:21.052]OPPOSITE, HATE SPEECH IS
[00:35:22.620]PROTECTED FREE SPEECH.
[00:35:23.821]AND GUESS WHAT?
[00:35:25.790]THAT GENERALIZATION ALSO IS NOT
[00:35:28.659]CORRECT.
[00:35:29.060]IN FACT, OUR LEGAL SYSTEM IS
[00:35:32.630]QUITE BRILLIANT IN DRAWING AN
[00:35:35.733]APPROPRIATE LINE BETWEEN HATE
[00:35:36.868]SPEECH THAT IS PROTECTED, AND
[00:35:39.103]HATE SPEECH THAT IS PUNISHABLE.
[00:35:41.005]AND LET ME SPELL THAT OUT TO
[00:35:44.675]YOU.
[00:35:44.942]FIRST OF ALL, AND I'M GOING TO
[00:35:47.612]DO IT BY TELLING YOU ABOUT TWO
[00:35:51.749]CARDINAL FREE SPEECH PRINCIPLES.
[00:35:52.884]AND IT'S A VERY COMPLICATED BODY
[00:35:54.852]OF LAW, SO IT'S A LITTLE BIT
[00:35:58.756]OVERSIMPLIFIED.
[00:35:59.223]IF YOU WANT THE FULL STORY,
[00:36:00.558]YOU'LL HAVE TO STUDY IT FOR AN
[00:36:02.627]ENTIRE YEAR-LONG COURSE, WHICH
[00:36:04.762]I'M HAPPY TO TEACH.
[00:36:05.930]BUT IN FAIRNESS, IT REALLY CAN
[00:36:09.934]BE BOILED DOWN, THE ESSENCE,
[00:36:13.638]INTO TWO PRINCIPLES.
[00:36:14.872]ONE SAYS WHAT IS NOT A
[00:36:17.475]SUFFICIENT JUSTIFICATION FOR
[00:36:19.377]CENSORSHIP, AND THE OTHER SAYS
[00:36:20.745]WHAT IS.
[00:36:23.814]SO, THE PRINCIPLE THAT PROHIBITS
[00:36:25.550]CENSORSHIP IS USUALLY REFERRED
[00:36:27.785]TO AS CONTENT NEUTRALITY, OR
[00:36:31.222]VIEWPOINT NEUTRALITY.
[00:36:33.724]GOVERNMENT MUST REMAIN NEUTRAL
[00:36:37.028]TOWARD THE CONTENT, VIEWPOINT,
[00:36:40.064]MESSAGE, IDEA OF THE SPEECH, NO
[00:36:42.266]MATTER HOW HATED IT IS, OR
[00:36:46.037]FEARED, OR EVEN DEEPLY DESPISED,
[00:36:48.472]EVEN BY THE VAST MAJORITY OF US.
[00:36:51.609]THAT IS NOT ALONE A
[00:36:53.945]JUSTIFICATION FOR SUPPRESSING
[00:36:58.382]IT.
[00:36:58.716]THE SUPREME COURT, CONSISTENT
[00:36:59.817]WITH THAT CONCEPT, HAS NEVER
[00:37:05.089]RECOGNIZED A CATEGORY OF SPEECH
[00:37:07.625]DEFINED BY ITS HATEFUL CONTENT
[00:37:10.728]OR VIEWPOINT OR MESSAGE AND SAID
[00:37:13.898]THEREFORE, IT IS UNPROTECTED BY
[00:37:17.134]THE FIRST AMENDMENT.
[00:37:18.703]IN FACT, THE SUPREME COURT HAS
[00:37:21.472]REPEATEDLY AND RESOUNDINGLY,
[00:37:24.709]WITHOUT DISSENT THROUGHOUT
[00:37:26.143]MODERN HISTORY, REFUSED TO
[00:37:30.448]RECOGNIZE HATE SPEECH EXCEPTION
[00:37:32.750]TO PROTECTED FREE SPEECH BASED
[00:37:34.218]ON THE HATEFUL CONTENT ALONE.
[00:37:37.254]AND LET ME TELL YOU THE MOST
[00:37:39.957]RECENT SUPREME COURT CASE THAT
[00:37:43.260]DID THAT BECAUSE IT UNDERSCORES
[00:37:46.831]MY BASIC POINT ABOUT THE INDID I
[00:37:49.433]HAVE VISIBILITY AND THE MUTUALLY
[00:37:52.003]REINFORCING NATURE OF FREEDOM OF
[00:37:53.771]SPEECH AND EQUALITY.
[00:37:55.973]AND I WILL BEGIN BY SAYING THIS
[00:37:59.210]DECISION WAS ISSUED LAST SUMMER,
[00:38:03.814]2017, BY A UNANIMOUS SUPREME
[00:38:05.816]COURT.
[00:38:06.083]THERE ARE ONLY EIGHT PEOPLE
[00:38:08.352]VOTING, GORSUCH WAS NOT YET
[00:38:09.887]ELIGIBLE TO VOTE ON THIS CASE.
[00:38:12.990]BUT, THINK ABOUT THAT.
[00:38:13.958]IN A COURT THAT IS SO DEEPLY
[00:38:17.028]DIVIDED, INCLUDING ON MANY
[00:38:18.562]IMPORTANT FREE SPEECH ISSUES,
[00:38:20.498]THE FACT THAT THEY WERE
[00:38:24.635]UNANIMOUS REALLY SHOWS THAT THIS
[00:38:26.971]VIEWPOINT NEUTRALITY PRINCIPLE
[00:38:29.340]IS AS THE SUPREME COURT HAS
[00:38:32.777]SAID, THE BEDROCK PRINCIPLE
[00:38:36.113]UNDERLYING OUR FREE SPEECH
[00:38:37.982]JURISPRUDENCE.
[00:38:38.416]IT WAS A CASE INVOLVING AN
[00:38:40.518]ASIAN-AMERICAN ROCK MUSICIAN
[00:38:42.586]NAMED SIMON TAM.
[00:38:44.422]I RECENTLY HAD THE OPPORTUNITY
[00:38:45.856]TO MEET HIM IN PERSON AND HEAR
[00:38:52.029]HIS WONDERFUL MUSIC.
[00:38:53.431]SIMON IS A CRUSADER AGAINST
[00:38:57.101]HATRED AND FOR HUMAN RIGHTS.
[00:38:58.869]AND I REALLY ADMIRE HIS COURAGE.
[00:39:01.872]HE DOES NOT JUST PREACH TO THE
[00:39:05.943]CHOIR.
[00:39:06.277]HE PERFORMS IN PRISONS, FOR GANG
[00:39:12.016]MEMBERS OF WHITE SUPREMACIST
[00:39:13.517]GANGS, WITH RACIST TATTOOS ALL
[00:39:16.053]OVER THEM.
[00:39:17.088]SIMON, AS I SAID, IS
[00:39:21.125]ASIAN-AMERICAN, THAT IS TRUE FOR
[00:39:22.893]HIS ENTIRE BAND, THEY ARE ALL
[00:39:26.964]ASIAN-AMERICAN MEN.
[00:39:27.498]AND THEY CHOSE A NAME FOR THEIR
[00:39:30.735]BAND, WHICH IS A TRADITIONAL
[00:39:32.803]ETHNIC SLUR AGAINST PEOPLE OF
[00:39:34.004]ASIAN ORIGIN, NAMELY "THE
[00:39:37.508]SLANTS."
[00:39:38.242]WELL, GUESS WHAT?
[00:39:39.210]THEY DID NOT CHOOSE THAT NAME IN
[00:39:40.845]ORDER TO DES -- DISPARAGE OR
[00:39:49.653]DEMEAN, BUT EXACTLY THE OPPOSITE
[00:39:51.489]REASON, TO RECLAIM THE TERM TO
[00:39:54.291]ASSERT THEIR PRIDE IN THEIR
[00:39:56.327]ETHNIC HERITAGE.
[00:39:57.394]IT TURNS OUT THAT THE U.S.
[00:39:59.997]PATENT AND TRADEMARK OFFICE WAS
[00:40:02.366]ENFORCING A PROVISION IN A U.S.
[00:40:06.871]LAW THAT DENIED TRADE NAME
[00:40:09.440]PROTECTION TO ANY TERM THAT WAS
[00:40:13.310]DISPARAGING DEHUMANIZING OR
[00:40:15.846]DEGRADING ON THE BASIS OF RACE
[00:40:17.581]OR ETHNICITY, AS "THE SLANT"
[00:40:21.752]CERTAINLY WAS, AND THEREFORE
[00:40:23.053]TRADE NAME PROTECTION WAS DENIED
[00:40:25.322]TO THIS NAME THAT HAD BEEN
[00:40:26.724]CHOSEN FOR PURPOSES OF ASSERTING
[00:40:29.193]PRIDE IN ONE'S ETHNIC
[00:40:31.428]BACKGROUND.
[00:40:32.563]THEREFORE, WHEN THE SUPREME
[00:40:34.098]COURT UNANIMOUSLY STRUCK DOWN
[00:40:35.966]THAT HATE SPEECH LAW, WHICH
[00:40:37.701]THAT'S EXACTLY WHAT IT WAS,
[00:40:39.336]THOSE ARE THE TERMS THAT ARE
[00:40:42.106]USED IN HATE SPEECH LAWS
[00:40:45.209]CHARACTERISTICALLY.
[00:40:45.743]THE COURT WAS SIMULTANEOUSLY
[00:40:49.046]AFFIRMING THE EMPOWERMENT AND
[00:40:51.849]EQUALITY OF SIMON AND HIS BAND
[00:40:54.885]MATES AS WELL AS THEIR FREE
[00:40:56.387]SPEECH RIGHTS.
[00:40:57.555]SO, CARDINAL PRINCIPLE, BEDROCK
[00:41:00.457]PRINCIPLE NUMBER ONE, GOVERNMENT
[00:41:02.893]MAY NOT PUNISH SPEECH SOLELY
[00:41:05.863]BECAUSE OF THE HATRED OF ITS
[00:41:09.800]HATEFUL MESSAGE.
[00:41:11.235]CONTENT ALONE DOES NOT WARRANT
[00:41:13.103]CENSORSHIP.
[00:41:14.305]BUT, WHEN YOU MOVE BEYOND
[00:41:18.175]CONTENT, AND CONSIDER CONTEXT,
[00:41:20.711]THE COURT HAS SAID THAT A
[00:41:23.013]HATEFUL MESSAGE, OR FOR THAT
[00:41:25.416]MATTER, ANY OTHER MESSAGE, MAY
[00:41:27.651]BE SUPPRESSED IF IN PARTICULAR
[00:41:32.356]CIRCUMSTANCES IT DIRECTLY CAUSES
[00:41:36.627]CERTAIN SPECIFIC IMMINENT
[00:41:38.529]SERIOUS HARM WHICH CANNOT BE
[00:41:40.965]AVERTED IN ANY WAY SHORT OF
[00:41:42.800]CENSORING THE SPEECH.
[00:41:46.070]IT'S A VERY TOUGH STANDARD
[00:41:47.872]APPROPRIATELY, BUT IT IS ONE
[00:41:50.541]THAT IS SATISFIED IN CERTAIN
[00:41:52.243]SITUATIONS.
[00:41:54.678]SO, TO USE A CAMPUS SITUATION, A
[00:41:56.347]LITTLE BIT MORE THAN A YEAR AGO
[00:41:57.715]ON THE CAMPUS OF AMERICAN
[00:42:00.751]UNIVERSITY, WE HAD AN EXAMPLE OF
[00:42:03.254]HATE SPEECH THAT WAS NOT ONLY
[00:42:05.389]HATEFUL IN ITS CONTENT, BUT IN
[00:42:10.227]ITS PARTICULAR CONTEXT CAUSED A
[00:42:14.198]SPECIFIC IMMINENT SERIOUS HARM
[00:42:18.302]IN PARTICULAR A TRUE THREAT.
[00:42:20.104]AND HERE I HAVE TO SAY, NOT A
[00:42:22.172]THREAT IN THE LOOSE WAY THAT WE
[00:42:24.308]TEND TO USE THAT TERM IN
[00:42:27.211]EVERY-DAY SPEECH, I FEEL
[00:42:30.381]THREATENED BECAUSE...IS GOING TO
[00:42:31.949]BE ON MY CAMPUS, I DON'T MEAN TO
[00:42:34.184]DISPARAGE THAT SENTIMENT, THAT
[00:42:35.786]IT IS NOT ENOUGH TO JUSTIFY
[00:42:39.523]CENSORSHIP.
[00:42:39.924]IT DOESN'T SATISFY THIS
[00:42:41.525]APPROPRIATELY DEMANDING STANDARD
[00:42:43.127]OF SERIOUS IMMINENT HARM.
[00:42:46.664]AND HERE THE SUPREME COURT HAS
[00:42:48.532]CARVED OUT SEVERAL EXAMPLES OF
[00:42:50.901]SPEECH THAT WILL SATISFY THAT
[00:42:54.371]STANDARD.
[00:42:54.738]THE TRUE THREAT EXAMPLE IS WHEN
[00:42:56.073]THE SPEAKER IS AIMING THE SPEECH
[00:42:59.109]AT A PARTICULAR AUDIENCE, EITHER
[00:43:01.312]AN INDIVIDUAL, OR SMALL GROUP OF
[00:43:05.149]INDIVIDUALS, AND INTENDS TO
[00:43:07.751]INSTILL A REASONABLE FEAR THAT
[00:43:08.719]YOU ARE GOING TO BE SUBJECT TO
[00:43:12.489]ATTACK.
[00:43:14.625]UNFORTUNATELY, THAT STANDARD WAS
[00:43:15.960]SATISFIED, DEMANDING AS IT WAS
[00:43:18.996]ON AMERICAN UNIVERSITY'S CAMPUS
[00:43:20.230]WHEN A YOUNG WOMAN NAMED TAYLOR,
[00:43:23.901]AFRICAN-AMERICAN WOMAN, HAD BEEN
[00:43:26.770]ELECTED AS THE FIRST
[00:43:29.106]AFRICAN-AMERICAN FEMALE STUDENT
[00:43:30.841]BODY PRESIDENT AT HER CAMPUS.
[00:43:32.042]THE DAY THAT SHE WAS TO TAKE
[00:43:35.245]OFFICE DISTRIBUTED AROUND THE
[00:43:37.681]CAMPUS WERE A NUMBER OF BANANAS
[00:43:42.052]THAT WERE SLUNG IN NOOSES, AND
[00:43:44.388]IF THAT MESSAGE WASN'T CLEAR
[00:43:46.991]ENOUGH, WRITTEN ONTO THE BANANAS
[00:43:49.960]WERE THE INITIALS OF HER
[00:43:53.797]SORORITY, WHICH IS A
[00:43:56.734]PREDOMINANTLY AFRICAN-AMERICAN
[00:43:58.102]SORORITY, THAT CLEARLY SATISFIED
[00:44:00.371]THE TRUE THREAT STANDARD.
[00:44:02.339]MOREOVER, DO YOU REMEMBER THE
[00:44:04.074]LESSON THAT I TAUGHT EARLIER
[00:44:06.443]ABOUT HATE CRIMES, OR BIAS
[00:44:09.313]CRIMES, BECAUSE SHE WAS SINGLED
[00:44:11.615]OUT AS THE VICTIM OF A TRUE
[00:44:14.752]THREAT ON AN INTENTIONALLY
[00:44:18.355]DISCRIMINATORY BASIS, RACE, AND
[00:44:21.091]GENDER.
[00:44:21.425]THIS WAS APPROPRIATELY
[00:44:24.528]INVESTIGATED AS A HATE CRIME.
[00:44:25.963]SO, I COULD GIVE MANY OTHER
[00:44:28.732]EXAMPLES.
[00:44:30.300]BUT, THE LAW DOES DRAW A
[00:44:33.504]SENSIBLE DISTINCTION SO THAT IT
[00:44:36.273]ALLOWS THE SPEECH THAT DOES
[00:44:37.975]CAUSE THE GREATEST HARM, THE
[00:44:40.044]GREATEST THREAT OF HARM IS
[00:44:43.047]ALREADY SUBJECT TO PUNISHMENT
[00:44:44.415]UNDER OUR LAW.
[00:44:46.183]AND WE DON'T WANT TO GO BEYOND
[00:44:49.186]THAT.
[00:44:49.987]I DO RECOGNIZE THAT SPEECH MAY
[00:44:54.491]WELL CAUSE HARM.
[00:44:55.926]SHORT OF THAT DEMANDING
[00:44:57.461]STANDARD.
[00:44:57.828]BUT THEN WE HAVE TO ASK WHAT IS
[00:44:59.263]THE LESSER OF TWO EVILS?
[00:45:02.599]GIVING THE GOVERNMENT EVEN MORE
[00:45:06.437]POWER TO PROTECT US AGAINST A
[00:45:08.739]MORE REMOTE SPEECH THAT HAS A
[00:45:11.708]MORE INDIRECT REMOTE CONNECTION
[00:45:14.745]TO HARM, OR DEPENDING ON WE, THE
[00:45:18.982]PEOPLE, RAISING OUR VOICES,
[00:45:20.684]ENFORCING THE LAWS, USING THE
[00:45:23.420]OTHER NON CENSORIAL STANDARD.
[00:45:25.622]BEFORE THE SUPREME COURT ADOPTED
[00:45:27.491]THE CURRENT STRICT CONCEPT,
[00:45:28.826]WHICH IS USUALLY CALLED THE
[00:45:31.061]EMERGENCY CONCEPT, RIGHT, SPEECH
[00:45:34.898]THAT DIRECTLY CAUSES CERTAIN
[00:45:37.167]SERIOUS IMMINENT HARM.
[00:45:38.402]BEFORE THAT, IT KNEW SOMETHING
[00:45:40.404]CALLED THE BAD TENDENCY TEST,
[00:45:43.707]THAT ANY SPEECH THAT HAD A
[00:45:48.679]POTENTIAL DANGER OF INDIRECTLY
[00:45:51.115]SOME POINT IN THE FUTURE LEADING
[00:45:54.418]TO HARM COULD BE PUNISHED, AND
[00:45:57.054]IT WAS UNDER THAT BAD TENDENCY
[00:46:00.958]TEST THAT THE GOVERNMENT WAS
[00:46:03.794]SUPPRESSING PRO CIVIL RIGHTS
[00:46:07.631]MESSAGES SPEECH BY ANTI-WAR
[00:46:09.933]PROTESTORS, SPEECH BY LEFT WING
[00:46:15.239]ACTIVISTS, SPEECH BY DISSIDENTS,
[00:46:17.441]AND THEREFORE, IF WE HAVE TO
[00:46:20.944]RECOGNIZE AS OLIVER WENDELL
[00:46:23.680]HOLMES SAID, EVERY IDEA IS AN
[00:46:27.751]INCITEMENT, AND IF WE'RE GOING
[00:46:29.052]TO ALLOW THAT LOOSE CONNECTION
[00:46:31.722]BETWEEN POTENTIALLY DANGEROUS
[00:46:34.825]SPEECH TO JUSTIFY AND HARM TO
[00:46:37.794]JUSTIFY CENSORSHIP, THEN KNOW
[00:46:39.263]IDEA IS GOING TO BE SAFE,
[00:46:40.931]CERTAINLY NO IDEA THAT
[00:46:42.366]CHALLENGES THE STATUS QUO.
[00:46:44.768]SO, FIRST AMENDMENT PRINCIPLES.
[00:46:47.538]BUT EVEN WITHOUT THOSE, EVEN
[00:46:49.406]WITHOUT A MANDATE TO ADHERE TO
[00:46:51.842]THE FIRST AMENDMENT, I MAINTAIN
[00:46:54.945]THAT GOVERNMENT AND PRIVATE
[00:46:56.613]SECTOR ACTORS SHOULD NOT GO
[00:46:59.716]BEYOND THE KIND OF CENSORSHIP
[00:47:01.885]THAT IS ALLOWED UNDER U.S. LAW,
[00:47:04.588]BECAUSE IT DOES MORE HARM THAN
[00:47:07.090]GOOD.
[00:47:07.391]AND I WAS VERY PLEASANTLY
[00:47:09.159]SURPRISED IN THE RESEARCH FOR MY
[00:47:12.095]BOOK TO SEE HOW VERY MANY HUMAN
[00:47:16.633]RIGHTS ACTIVISTS IN COUNTRIES
[00:47:17.668]ALL OVER THE WORLD, AND IN
[00:47:20.737]INTERNATIONAL HUMAN RIGHTS
[00:47:22.172]AGENCIES, HAVE REACHED THE
[00:47:24.841]CONCLUSION THAT THEIR COUNTRIES
[00:47:26.777]OUGHT TO MOVE MORE IN THE
[00:47:29.346]DIRECTION OF THE UNITED STATES.
[00:47:30.347]NOT BECAUSE OF ANY FIRST
[00:47:33.517]AMENDMENT ANALOG IN THEIR LEGAL
[00:47:35.819]SYSTEMS, BUT RATHER BECAUSE THEY
[00:47:37.187]RECOGNIZE THAT THAT IS THE MORE
[00:47:39.990]EFFECTIVE WAY TO DEAL WITH THE
[00:47:41.792]SERIOUS PROBLEMS OF HATRED.
[00:47:46.930]EVEN AN ORGANIZATION CALLED
[00:47:49.900]EKRI, THE EVEN COMMISSION
[00:47:50.968]AGAINST RACISM AND INTOLERANCE,
[00:47:53.103]WHICH MANDATED THAT COUNTRIES
[00:47:55.772]THAT SUBSCRIBE TO IT HAD TO
[00:47:59.243]CENSOR HATE SPEECH, AND
[00:48:00.944]MONITORING REPORT THAT IT DID A
[00:48:02.045]COUPLE OF YEARS AGO, ABOUT THE
[00:48:04.181]ACTUAL IMPACT OF HATE SPEECH
[00:48:06.917]LAWS IN COUNTRIES WITHIN ITS
[00:48:10.387]JURISDICTION, SAW THAT THERE
[00:48:12.155]ISN'T EVEN A CORRELATION BETWEEN
[00:48:14.491]THE ENFORCE -- STRICT
[00:48:15.626]ENFORCEMENT OF THESE LAWS AND
[00:48:17.361]REDUCING HATRED, AND VIOLENCE
[00:48:19.563]THAT IT COULD BE EXACTLY THE
[00:48:23.533]OPPOSITE.
[00:48:23.900]AND SO THAT ORGANIZATION
[00:48:27.471]CONCLUDED THAT COUNTER SPEECH,
[00:48:28.872]THAT WAS THE TERM THAT IT USED,
[00:48:32.609]IS MUCH MORE LIKELY, I'M
[00:48:34.845]QUOTING, MUCH MORE LIKELY TO BE
[00:48:38.081]EFFECTIVE IN COUNTERING HATRED
[00:48:40.284]AND HATEFUL VIOLENCE THAN IS
[00:48:43.787]CENSORSHIP.
[00:48:44.187]WE HAVE TERRIBLE PROBLEMS IN
[00:48:47.724]THIS COUNTRY, AS I BEGAN MY
[00:48:49.059]REMARKS BY OUTLINING, ALLUDING
[00:48:51.695]TO, BUT, THE SITUATION IN OTHER
[00:48:53.964]COUNTRIES THAT STRICTLY ENFORCE
[00:48:57.534]HATE SPEECH LAWS IS NO BETTER,
[00:49:00.070]AND I DARE SAY EVEN WORSE, THERE
[00:49:03.373]HAVE BEEN SUCH HORRIBLE
[00:49:04.641]INCIDENTS OF HATEFUL VIOLENCE
[00:49:07.511]AGAINST JEWS, AGAINST ROMA,
[00:49:10.847]REFUGEES, MIGRANTS, EVEN IN
[00:49:12.783]GERMANY, AND FRANCE, WHICH HAVE
[00:49:14.584]THE STRICTEST HATE SPEECH LAWS,
[00:49:16.620]VERY STRICTLY ENFORCED ALL OVER
[00:49:18.655]THE WORLD, WITH THE POSSIBILITY
[00:49:21.425]EXCEPTION OF THE MIDDLE EAST.
[00:49:22.659]TO GO BACK TO THE ISSUE OF
[00:49:26.496]ANTI-SEMITISM WHICH, AS I'VE
[00:49:28.298]SHARED WITH YOU, HAS BEEN
[00:49:30.100]PERSONALLY SO IMPORTANT TO ME.
[00:49:31.435]AND I THINK MOST PEOPLE HAVE THE
[00:49:33.437]HOLOCAUST IN MIND AS THEY, YOU
[00:49:35.872]KNOW, EPITOME OF THE POTENTIAL
[00:49:41.178]HORROR OF GENOCIDE RESULTING
[00:49:43.780]FROM HATEFUL ATTITUDES.
[00:49:45.082]SO GERMANY IS A PARTICULARLY
[00:49:48.952]POIGNANT SITUATION.
[00:49:49.486]AND RECENTLY, THE ANTI-SEMITIC
[00:49:53.824]VIOLENCE THERE HAS BEEN SO
[00:49:57.194]SEVERE THAT CHANCELLOR ANGELA
[00:50:00.230]MERKEL, THE FIRST TIME IN GERMAN
[00:50:02.632]HISTORY APPOINTED A COMMISSIONER
[00:50:04.334]OF ANTI-SEMITISM, AND EVEN MORE
[00:50:07.204]POIGNANTLY, THE HEAD OF THE
[00:50:10.841]JEWISH COMMUNITY IN GERMANY
[00:50:12.709]ISSUED A WARNING TO JEWS IN THAT
[00:50:18.215]COUNTRY, OBSERVANT VIEWS, DO NOT
[00:50:21.017]WEAR YOUR YAM KA IN PUBLIC, AS
[00:50:22.786]MOST OF YOU KNOW, THAT'S THE
[00:50:25.789]SKULLCAP THAT MANY JEWISH MEN
[00:50:27.324]FEEL THEY HAVE A RELIGIOUS
[00:50:28.959]OBLIGATION TO WEAR, AND TO HAVE
[00:50:31.395]THE HEAD OF YOUR COMMUNITY, IN
[00:50:33.063]THE 21st CENTURY IN GERMANY, IN
[00:50:36.233]BERLIN, BY THE WAY, SAYING DO
[00:50:37.501]NOT WEAR IT IN PUBLIC BECAUSE
[00:50:39.236]THERE HAVE BEEN TOO MANY
[00:50:41.571]INCIDENTS WHERE THAT HAS BEEN AN
[00:50:44.408]OCCASION FOR PHYSICAL VIOLENCE
[00:50:47.144]AGAINST THEM.
[00:50:49.312]SO, I UNDERSTAND WHY THERE IS A
[00:50:54.384]DISENCHANTMENT WITH CENSORSHIP,
[00:50:55.819]THAT IT IS NOT BRINGING ABOUT
[00:50:57.220]THE EQUALITY AND PEACEFULNESS
[00:51:02.659]THAT ONE WOULD HOPE FOR.
[00:51:03.894]IN TERMS OF THE POTENTIAL HARMS
[00:51:05.162]OF HATE SPEECH, I DO WANT TO
[00:51:07.831]ACKNOWLEDGE -- I KEEP USING THE
[00:51:09.900]WORD "POTENTIAL" BECAUSE IT IS
[00:51:12.469]NOT INEVITABLE, RIGHT?
[00:51:14.971]THERE ARE TWO BASIC CATEGORIES
[00:51:17.140]OF HARMS THAT CAN BE, AND IN
[00:51:19.676]MANY CASES, ARE CAUSED BY
[00:51:22.045]HATEFUL SPEECH.
[00:51:23.013]ONE IS POTENTIAL DISCRIMINATION,
[00:51:25.048]AND VIOLENCE.
[00:51:27.284]THE OTHER IS THE EMOTIONAL
[00:51:31.354]PSYCHIC INJURY AND ASSOCIATED
[00:51:33.557]SILENCING IMPACT OF THE SPEECH.
[00:51:35.559]THE REASON WHY I SAY ITS
[00:51:37.828]POTENTIAL HARM REALLY COMES DOWN
[00:51:39.496]TO THE DISTINCTION BETWEEN
[00:51:42.732]EXPRESSIVE CONDUCT, VERSUS OTHER
[00:51:45.502]KINDS OF CONDUCT.
[00:51:47.204]AND, WORDS CAUSE HARM, BUT NOT
[00:51:50.307]DIRECTLY, RIGHT?
[00:51:51.241]THEY HAVE TO GO THROUGH THE
[00:51:55.846]INTERMEDIATING PROCESS OF THE
[00:51:58.548]HUMAN MIND.
[00:51:59.549]THAT OLD SAYING THAT SO MANY OF
[00:52:01.184]OUR PARENTS TOLD US, STICKS AND
[00:52:03.353]STONES MAY BREAK MY BONES, BUT
[00:52:04.788]WORDS WILL NEVER HURT ME.
[00:52:09.426]THAT WAS OBVIOUSLY NOT A
[00:52:12.963]NORMALIVE -- I'M SORRY, A
[00:52:15.031]FACTUAL DESCRIPTION OF FACTUAL
[00:52:16.466]REALITY.
[00:52:16.800]ALL OF US HAVE BEEN HURT BY
[00:52:18.768]WORDS MANY TIMES.
[00:52:19.669]IN FACT, OUR PARENTS PROBABLY
[00:52:21.037]TOLD US THAT WHEN WE WERE CRYING
[00:52:26.543]BECAUSE SOMEBODY HURT US BY
[00:52:28.745]SOMETHING THEY SAID TO US, IT IS
[00:52:29.913]NOT THAT WORDS DON'T HURT, BUT
[00:52:32.249]YOU SHOULDN'T LET THEM HURT?
[00:52:35.018]RIGHT?
[00:52:35.318]THERE ARE WAYS THAT YOU CAN SEAL
[00:52:37.420]YOURSELF AGAINST THE POSSIBLE
[00:52:38.388]HARM THAT WORDS CAUSE.
[00:52:39.322]AND I SAY THIS WITH THE GREATEST
[00:52:43.860]RESPECT FOR THE VICTIMS, PEOPLE
[00:52:45.729]WHO ARE DISPARAGED BY HATEFUL
[00:52:49.199]RACIST, AND OTHER DISCRIMINATORY
[00:52:50.233]SPEECH.
[00:52:50.600]I DO NOT AT ALL MEAN TO BE
[00:52:52.569]BLAMING THE VICTIM.
[00:52:53.703]BUT I AM SO ENCOURAGED BY THE
[00:52:57.340]SOCIAL PSYCHOLOGISTS, AND OTHER
[00:52:59.476]EXPERTS WHO SAY THERE ARE WAYS
[00:53:01.144]THAT WE CAN TEACH RESILIENCE TO
[00:53:03.513]PEOPLE WHO WOULD OTHERWISE BE
[00:53:06.550]DISEMPOWERED BY THE SPEECH, THAT
[00:53:07.784]THEY CAN LEARN TO RISE ABOVE IT,
[00:53:09.986]AND THEY'RE THE ONES LOOKING
[00:53:11.588]DOWN ON THE PEOPLE WHO ARE
[00:53:13.523]TRYING TO STIGMATIZE THEM.
[00:53:16.393]SO SOCIAL PSYCHOLOGISTS MAKE
[00:53:18.361]THIS POINT AND ALSO ACTIVISTS,
[00:53:20.497]INCLUDING MINORITY GROUP
[00:53:22.332]LEADERS, AND PROMINENT MEMBERS
[00:53:24.768]OF RACIAL MINORITIES AND OTHER
[00:53:26.436]MINORITIES HAVE MADE THIS POINT
[00:53:28.271]OVER AND OVER AGAIN.
[00:53:29.973]WAS VERY BIG POINT FOR BARACK
[00:53:33.877]OBAMA, WHO CONSISTENTLY URGED
[00:53:35.845]MINORITY COLLEGE STUDENTS,
[00:53:37.380]INCLUDING IN HIS LAST
[00:53:39.783]COMMENCEMENT ADDRESS AT HOWARD
[00:53:41.484]UNIVERSITY, HISTORICALLY BLACK
[00:53:43.186]UNIVERSITY, SAID I KNOW THIS
[00:53:44.421]PUTS A BURDEN ON MINORITY
[00:53:46.790]STUDENTS, BUT YOU REALLY OWE IT
[00:53:47.857]TO YOURSELVES, IF YOU ARE GOING
[00:53:50.460]TO BRING ABOUT THE RACIAL
[00:53:51.795]JUSTICE AND SOCIAL JUSTICE THAT
[00:53:53.430]YOU'RE SEEKING, THIS IS THE WAY
[00:53:54.764]THAT YOU DO IT, YOU ENGAGE WITH
[00:53:58.268]THEM, AND YOU RESPOND TO THEM,
[00:54:00.170]AND YOU DENY THEM THE POWER OF
[00:54:04.207]DISPARAGING YOU.
[00:54:04.975]SOMEBODY WHO IS A REAL HERO OF
[00:54:07.310]MINE WHO I QUOTE IN MY BOOK IN
[00:54:09.346]THIS VAIN, I'LL CONFINE MYSELF
[00:54:11.448]TO ONE QUOTE IS RUTH SIMMONS,
[00:54:14.584]WHO WAS THE FIRST
[00:54:17.053]AFRICAN-AMERICAN PRESIDENT OF
[00:54:18.622]ANY IVY LEAGUE UNIVERSITY, THE
[00:54:20.657]FIRST FEMALE PRESIDENT OF BROWN
[00:54:23.059]UNIVERSITY, AND IN HER FIRST
[00:54:25.895]CONVOCATION ADDRESS SHE SAID YOU
[00:54:27.130]KNOW SOMETHING THAT I HATE?
[00:54:29.065]WHEN PEOPLE SAY THAT DOESN'T
[00:54:31.167]MAKE ME FEEL GOOD ABOUT MYSELF.
[00:54:32.902]I SAY, THAT'S NOT WHAT YOU'RE
[00:54:35.271]HERE FOR.
[00:54:37.140]I BELIEVE THAT LEARNING AT ITS
[00:54:40.143]BEST IS THE ANTITHESIS OF
[00:54:42.512]COMFORT.
[00:54:42.846]IF YOU COME TO THIS CAMPUS FOR
[00:54:44.848]COMFORT, I WOULD URGE YOU TO
[00:54:48.351]WALK THROUGH YON IRON GATE.
[00:54:51.021]BUT IF YOU SEEK BETTERMENT FOR
[00:54:52.422]YOURSELF, FOR YOUR
[00:54:54.758]COMMUNITY, AND POSTERITY, STAY
[00:54:57.093]AND FIGHT.
[00:54:58.094]NOW, SPEAKING OF FREE SPEECH.
[00:54:59.729]I REALLY BELIEVE IN THE
[00:55:01.798]AUDIENCE'S FREE SPEECH.
[00:55:03.033]I COULD OBVIOUSLY GO ON FOR
[00:55:05.001]HOURS.
[00:55:05.402]I FEEL IMPASSIONED ABOUT THIS
[00:55:08.672]SUBJECT.
[00:55:09.005]BUT I FEEL EVEN MORE IMPASSIONED
[00:55:11.708]ABOUT HEARING YOUR IDEAS.
[00:55:12.876]SO I'M GOING TO END BY QUOTING
[00:55:17.147]MY VERY FAVORITE ACLU T-SHIRT.
[00:55:22.485]YOU'LL SEE IS VERY RELEVANT TO
[00:55:24.120]THIS TOPIC.
[00:55:25.555]THE T-SHIRT REMINDS US THAT YOU
[00:55:29.559]HAVE THE RIGHT NOT TO REMAIN
[00:55:32.462]SILENT.
[00:55:32.796]SO PLEASE RAISE YOUR VOICES,
[00:55:35.098]INCLUDING STARTING RIGHT NOW.
[00:55:37.534]THANK YOU.
[00:55:37.901][APPLAUSE]
[00:55:51.014]MIKE PROMISED ME THAT THERE
[00:55:51.915]WOULD BE PLENTY OF QUESTIONS.
[00:55:53.583]>> THANK YOU SO MUCH, NADINE FOR
[00:55:55.552]SHARING YOUR WISDOM WITH US, AND
[00:55:57.721]YOUR EXPERTISE WITH US.
[00:55:59.055]IT'S VERY ENLIGHTENING, AND
[00:56:01.157]GIVES US PAUSE, I THINK, FOR
[00:56:03.560]MUCH REFLECTION.
[00:56:04.394]LADIES AND GENTLEMEN, NOW, OF
[00:56:05.361]COURSE, IS THE TIME FOR
[00:56:08.231]QUESTIONS.
[00:56:08.965]PLEASE SUMMIT THEM ON OUR
[00:56:11.835]TWITTER FEED, OR PROVIDE THOSE
[00:56:14.170]TO THE USHERS VIA THE NOTE
[00:56:16.806]CARDS.
[00:56:17.173]WE'LL START WITH THE TWITTER
[00:56:20.009]FEED.
[00:56:20.777]HATEFUL SPEECH HAS SEEMINGLY
[00:56:22.378]FUELED THE RECENT ELECTION.
[00:56:23.546]SOME PEOPLE WHO USED THAT WERE
[00:56:26.816]REELECTED YESTERDAY, HOW CAN WE
[00:56:28.485]COUNTER HATE IF USED AS A WEAPON
[00:56:30.520]WINNING POWERFUL GOVERNMENT
[00:56:35.558]POSITIONS?
[00:56:37.227]>> THERE WAS A LOT OF COUNTER
[00:56:41.631]SPEECH, AND MOST GERMANE, I
[00:56:43.433]WOULD SAY, WAS THE GALVANIZING
[00:56:48.138]IMPACT, RIGHT, NOT OF SILENCING
[00:56:51.875]IMPACT, SPECIFICALLY
[00:56:54.377]DISPROPORTIONATELY ON WOMEN,
[00:56:55.845]MEMBERS OF RACIAL MINORITIES,
[00:56:57.380]AND YOUNG PEOPLE WHO NOT ONLY
[00:57:00.750]VOTED IN DROVES, AND VOTED
[00:57:03.920]AGAINST, FROM WHAT THE EXIT
[00:57:05.688]POLLS SHOW VOTED AGAINST THE
[00:57:07.157]HATE MONGERS, BUT EVEN MORE
[00:57:11.594]ENCOURAGINGLY RAN FOR OFFICE IN
[00:57:14.063]RECORD NUMBERS, AND WERE ELECTED
[00:57:16.099]IN RECORD NUMBERS.
[00:57:19.536]AGAIN, ONE CAN SEE THE GLASS
[00:57:21.538]HALF FULL, WHICH I ALWAYS DO.
[00:57:25.008]A HALF FULL GLASS, MORE THAN
[00:57:26.709]HALF FULL.
[00:57:28.545]AND I'M ESPECIALLY HAPPY THAT
[00:57:31.014]INCLUDING ON COLLEGE CAMPUSES,
[00:57:33.917]EVERY INDICATION IS FAR FROM
[00:57:36.085]BEING SILENCED, AND DEMORALIZED
[00:57:40.123]BY HATEFUL SPEECH.
[00:57:41.291]STUDENTS IN UNPRECEDENTED
[00:57:43.259]NUMBERS ARE BEING GALVANIZED TO
[00:57:45.762]BE ACTIVISTS.
[00:57:46.963]AND I'VE SEEN THAT FROM
[00:57:48.364]EVERYTHING I'VE READ ON THIS
[00:57:49.766]CAMPUS.
[00:57:50.099]SO KEEP IT UP.
[00:57:51.434]>> ALL RIGHT.
[00:57:52.502]SO, ALONG THAT SAME LINE, HOW
[00:57:55.238]CAN INDIVIDUALS RESPOND TO THIS
[00:57:57.407]HATE SPEECH?
[00:57:58.208]>> AGAIN, AS I'VE SAID, IN EVERY
[00:58:00.176]SITUATION, YOU WANT TO BE VERY
[00:58:03.980]STRATEGIC ABOUT VARIOUS TACTICS
[00:58:05.882]THAT WOULD BE THE MOST
[00:58:09.052]IMPORTANT.
[00:58:09.419]AND THE MOST EFFECTIVE.
[00:58:13.256]YOU DEFINITELY HAVE A MORAL
[00:58:15.959]RESPONSIBILITY TO SPEAK OUT TO
[00:58:21.030]EXPRESS EUROPE -- YOUR
[00:58:32.175]OPPOSITION.
[00:58:33.009]I THINK THAT'S VERY IMPORTANT
[00:58:35.511]THE KINDS OF EXAMPLES I
[00:58:37.280]MENTIONED FROM THIS CAMPUS ARE
[00:58:39.082]REALLY GOOD, YOU CAN DO IT
[00:58:41.317]THROUGH T-SHIRTS, THROUGH HAVING
[00:58:43.052]YOUR OWN AFFIRMATIVE MEETINGS,
[00:58:45.288]AFFIRMING THE OPPOSITE VALUES.
[00:58:46.155]>> ALL RIGHT, THANK YOU.
[00:58:47.123]SO, WE HAVE A QUESTION FROM A
[00:58:48.958]YOUNGER VIEWER, VIA OUR TWITTER
[00:58:51.761]FEED, I'M DISAPPOINTED TO SAY
[00:58:53.229]MANY OF MY GENERATION SEEM TO
[00:58:54.831]SUPPORT LIMITING SPEECH.
[00:58:56.099]HOW DO WE MAKE YOUNG PEOPLE SEE
[00:58:57.767]THAT CENSORSHIP DIRECTLY
[00:58:59.435]CONTRADICTS THE VERY ESSENCE OF
[00:59:01.571]DEMOCRACY, WHEN WE LIMIT
[00:59:03.006]DISCOURSE AND RESTRICT VOICES IN
[00:59:04.007]THE MARKETPLACE OF IDEAS, WE'RE
[00:59:05.074]NOT HELPING OUR CAUSE, BUT
[00:59:06.876]RATHER UNDERMINING IT.
[00:59:08.077]>> WELL, THIS PERSON SEEMS TO BE
[00:59:09.913]A VERY GOOD EVANGELIST, I WOULD
[00:59:12.215]SEND HER OR HIM OUT TO MAKE THAT
[00:59:13.883]CASE.
[00:59:14.217]I THINK YOU REALLY HAVE TO DO IT
[00:59:16.185]THROUGH CONCRETE EXAMPLES.
[00:59:18.221]BECAUSE, IN THE ABSTRACT, IT'S
[00:59:20.390]EASY TO SAY, OH, YOU KNOW, IT'S
[00:59:23.960]NOT GOING TO HURT US TO NOT HEAR
[00:59:26.029]THOSE HATEFUL IDEAS, BUT IF YOU
[00:59:29.132]LOOK AT HOW VAGUELY THE LAWS ARE
[00:59:32.035]NECESSARILY WRITTEN, AND
[00:59:33.369]THEREFORE THE POWER THAT THEY
[00:59:35.438]GIVE TO GOVERNMENT TO CENSOR
[00:59:37.240]IDEAS THAT WOULD BE POSITIVE TO
[00:59:39.208]YOU, I RAN OUT OF TIME, BUT LET
[00:59:42.312]ME GIVE AN EXAMPLE.
[00:59:44.213]I THINK MANY YOUNG PEOPLE WOULD
[00:59:46.115]BE SHOCKED TO LEARN HOW OFTEN
[00:59:50.620]"BLACK LIVES MATTER" SPEECH HAS
[00:59:52.555]BEEN ATTACKED AS HATE SPEECH AND
[00:59:54.290]SOUGHT TO BE SUPPRESSED, HOW
[00:59:56.926]OFTEN SPEECH AFFIRMING WOMEN'S
[00:59:59.462]RIGHTS OR OPPOSING SEXUAL
[01:00:01.798]VIOLENCE AND ATTACKED AS HATE
[01:00:03.433]SPEECH.
[01:00:03.766]THE DEVIL IS IN THE DETAILS.
[01:00:05.201]>> ALL RIGHT, FROM A MEMBER OF
[01:00:07.637]THE AUDIENCE HERE, WILL USE A
[01:00:10.039]WRITTEN QUESTION TO TALK ABOUT
[01:00:11.040]TWITTER AND OTHER SOCIAL MEDIA,
[01:00:12.275]WHAT ABOUT FACEBOOK AND TWITTER?
[01:00:15.578]SEEMS TO MAGNIFY HATE
[01:00:18.047]THOUSANDFOLD, SHOULD THERE BE
[01:00:19.782]LIMITS?
[01:00:20.116]>> FIRST OF ALL, I HAVE TO PUT
[01:00:22.685]ON MY CONSTITUTIONAL LAW
[01:00:25.888]PROFESSIONAL HAT, FACEBOOK AND
[01:00:27.256]TWITTER ARE PRIVATE SECTOR
[01:00:28.524]ENTITIES, THAT MEANS WE HAVE NO
[01:00:31.027]FIRST AMENDMENT RIGHTS AGAINST
[01:00:31.794]THEM.
[01:00:32.095]TO THE CONTRARY.
[01:00:33.696]THEY HAVE THEIR OWN FIRST
[01:00:35.665]AMENDMENT RIGHTS, AS MEDIA
[01:00:38.401]ENTITY.
[01:00:38.735]AND FOR BUSINESS REASONS, I
[01:00:41.504]UNDERSTAND THAT THEY CAN DECIDE
[01:00:43.606]THEY WANT TO CONTROL WHAT'S SAID
[01:00:45.274]AND WHAT'S NOT SAID.
[01:00:46.609]BUT WE SHOULD HAVE NO ILLUSIONS
[01:00:48.644]THAT THEY CAN DO A BETTER JOB
[01:00:51.714]THAN GOVERNMENT HAS DONE IN
[01:00:53.983]TRYING TO SEPARATE WHAT SPEECH
[01:00:55.485]SHOULD BE PUNISHED, AND WHAT
[01:00:57.220]SHOULD NOT BE PUNISHED.
[01:00:58.287]FOR MANY YEARS NOW, THERE'S BEEN
[01:01:01.090]A VERY LARGE COALITION OF CIVIL
[01:01:02.825]RIGHTS AND CIVIL LIBERTIES
[01:01:04.794]ORGANIZATIONS THAT HAVE COME,
[01:01:06.262]INCLUDING THE ACLU, THAT HAVE
[01:01:09.165]COMPLAINED THAT THE HATE SPEECH
[01:01:10.933]STANDARDS THAT THESE COMPANIES
[01:01:11.901]ENFORCE HAVE BEEN ENFORCED
[01:01:16.873]DISPROPORTIONATELY TO SILENCE
[01:01:18.508]VOICES OF MEMBERS OF RACIAL
[01:01:20.943]MINORITIES.
[01:01:21.344]THOSE WHO ARE PROTESTING, POLICE
[01:01:23.279]ABUSE, THOSE WHO ARE PROTESTING
[01:01:27.016]UNWARRANTED KILLINGS OF
[01:01:27.917]AFRICAN-AMERICAN MEN, THOSE WHO
[01:01:29.886]ARE CHALLENGING THE STATUS QUO.
[01:01:31.254]IN FACT, SOME PEOPLE EVEN USE
[01:01:34.357]THE TERM RACE BOOK TO DESCRIBE
[01:01:36.859]FACEBOOK.
[01:01:37.226]THAT'S HOW PROMINENT THAT
[01:01:39.228]PROBLEM HAS BEEN.
[01:01:39.862]>> ALL RIGHT, THANK YOU, NADINE.
[01:01:41.531]A QUESTION FROM A FACULTY MEMBER
[01:01:44.434]FROM OUR GREAT COLLEGE OF LAW.
[01:01:46.269]DO YOU HAVE THOUGHTS ON FREE
[01:01:47.804]SPEECH TO JUSTIFY RESISTANCE TO
[01:01:49.472]LAWS THAT REQUIRE INDIVIDUALS TO
[01:01:50.773]SUPPORT THINGS THAT PEOPLE
[01:01:52.041]FUNDAMENTALLY DISAGREE WITH,
[01:01:53.843]MASTERPIECE CAKE SHOP, FOR
[01:01:55.945]EXAMPLE, IS COMPULSION SIMILAR
[01:01:58.114]TO CENSORSHIP?
[01:01:58.881]>> IF YOU WERE IN FACT COMPELLED
[01:02:01.517]TO UTTER A MESSAGE THAT WOULD
[01:02:04.120]CLEARLY VIOLATE THE FIRST
[01:02:06.589]AMENDMENT, IN THAT CASE, THAT
[01:02:09.892]WAS NOT WHAT HAPPENED FACTUALLY,
[01:02:12.929]SO THE UNITED STATES SUPREME
[01:02:14.363]COURT DECLARED IN AN ACLU CASE
[01:02:16.699]BACK IN 1943 THAT INVOLVED THE
[01:02:24.273]COMPULSION OF JEHOVAH WITNESS TO
[01:02:28.277]SALUTE THE FLAG.
[01:02:29.212]THE SUPREME COURT SAID, AND I
[01:02:31.147]AGREE, THAT IT IS AT LEAST AS
[01:02:33.216]VIOLATIVE TO FORCE YOU TO SAY
[01:02:35.418]SOMETHING THAT IS CONTRARY TO
[01:02:37.520]YOUR BELIEFS AS IT IS TO FORCE
[01:02:39.188]YOU TO BE SILENT AND NOT SAY
[01:02:42.892]SOMETHING THAT IS CONSISTENT
[01:02:44.026]WITH YOUR BELIEFS.
[01:02:44.594]>> ALL RIGHT, THANK YOU.
[01:02:45.862]WHAT SHOULD WE DO ABOUT COUNTER
[01:02:47.463]HATE, THE ANIMOSITY AND LOATHING
[01:02:50.266]INSPIRED BY HATE SPEECH?
[01:02:52.268]>> OKAY.
[01:02:53.136]I THINK THAT'S WHAT I WAS
[01:02:54.937]ADDRESSING ALL THE WAY THROUGH
[01:02:59.709]MY TALK.
[01:03:00.476]>> WHAT SHOULD WE DO ABOUT
[01:03:04.580]COUNTER HATE?
[01:03:05.481]>> HAVE A SURE REPLY.
[01:03:09.252]I'M SORRY, I DON'T UNDERSTAND
[01:03:10.419]THE QUESTION.
[01:03:11.220]>> FAIR.
[01:03:11.854]ANOTHER QUESTION FROM A VIEWER.
[01:03:14.557]HOW FAR SHOULD THE PRINCIPLE OF
[01:03:17.260]NEUTRALITY REACH AS RELATES TO
[01:03:19.362]SCHOOLS, SCHOOLS, HOUSES OF
[01:03:21.664]WORSHIP?
[01:03:21.998]>> THAT'S A REALLY GOOD
[01:03:26.402]QUESTION.
[01:03:26.769]WHEN YOU HAVE A PLACE, A
[01:03:29.071]FACILITY, THAT IS SERVING A
[01:03:31.908]CERTAIN PURPOSE, IT IS
[01:03:35.144]COMPLETELY APPROPRIATE TO HAVE
[01:03:36.579]LIMITS ON SPEECH SO THAT THAT
[01:03:38.681]PURPOSE CAN BE SERVED.
[01:03:40.616]SO, IN AN EDUCATIONAL, LET'S SAY
[01:03:43.085]IN A CLASSROOM, WE PUT CERTAIN
[01:03:47.356]LIMITS ON SPEECH TO MAKE THE
[01:03:51.894]EDUCATIONAL PROCESS EFFECTIVE.
[01:03:52.962]IN MY LAW SCHOOL CLASSROOM, I
[01:03:55.731]WILL RULE OUT OF ORDER SPEECH
[01:03:57.533]ABOUT TOPICS THAT ARE NOT
[01:04:01.837]GERMANE TO THE SUBJECT AT HAND.
[01:04:03.372]AND I WILL ALSO IMPOSE LIMITS IN
[01:04:08.010]TERMS OF HOW ONE EXPRESSES ONE'S
[01:04:12.481]IDEAS FOR PURPOSES OF
[01:04:13.516]PROFESSIONAL TRAINING.
[01:04:14.984]I WILL RULE OUT OF ORDER ANY AD
[01:04:19.188]HOMINEM OR PERSONAL INSULT, AND
[01:04:21.657]REQUIRE MY STUDENTS FOR
[01:04:24.160]EDUCATIONAL REASONS TO FRAME
[01:04:25.928]THEIR ARGUMENTS IN TERMS OF AN
[01:04:28.197]IDEA.
[01:04:28.497]AND THE SAME THING WOULD BE TRUE
[01:04:30.299]FOR HOUSES OF WORSHIP AND THE
[01:04:32.034]OTHER EXAMPLES.
[01:04:32.535]>> ALL RIGHT.
[01:04:33.202]THANK YOU.
[01:04:33.703]HERE'S PERHAPS A FOLLOW-UP TO
[01:04:35.104]THE SLIGHTLY MORE CONFUSING
[01:04:36.839]QUESTION EARLIER.
[01:04:37.707]>> SORRY.
[01:04:38.107]>> NOT AT ALL.
[01:04:39.075]WHAT SHOULD WE DO TO GROUPS
[01:04:40.643]LIKE, WELL WE WON'T NAME THE
[01:04:42.178]GROUP, BUT THOSE GROUPS, WHO
[01:04:43.512]RESORT TO VIOLENCE TO ADDRESS
[01:04:45.915]HATE SPEECH?
[01:04:46.515]>> OH, I SEE, NOW I UNDERSTAND.
[01:04:49.685]SO VIOLENCE IS ALWAYS ILLEGAL,
[01:04:52.722]RIGHT?
[01:04:53.022]AND I THINK NOW I'M HEARING THE
[01:04:55.925]MEME SHOULD WE PUNCH A NAZI?
[01:04:59.028]I'M SORRY.
[01:04:59.528]THE ANSWER IS WE SHOULD NOT
[01:05:03.132]PUNCH ANYBODY.
[01:05:03.766]AND IF THEY ENGAGE IN VIOLENCE,
[01:05:07.103]WE SHOULD NOT USE VIGILANTE
[01:05:10.106]RESPONSES, HOPEFULLY LAW
[01:05:11.641]ENFORCEMENT WILL BE THERE TO USE
[01:05:15.144]WHATEVER COERCIVE POWER IS
[01:05:17.046]NECESSARY.
[01:05:17.446]>> THANKS FOR THAT.
[01:05:18.180]FROM A MEMBER OF OUR AUDIENCE AT
[01:05:20.049]THE LIED CENTER TONIGHT.
[01:05:21.183]IS THERE A LIABILITY BY A PERSON
[01:05:23.286]OF INFLUENCE AND PRIVILEGE
[01:05:25.321]MAKING INACCURATE OR LYING
[01:05:26.856]CAUSING ECONOMIC DAMAGE TO A
[01:05:28.491]GROUP OR INDUSTRY?
[01:05:29.725]AND IF SO, IS THIS A VIOLATION
[01:05:33.696]OF FREE SPEECH?
[01:05:37.333][APPLAUSE]
[01:05:37.733]>> [Laughter].
[01:05:38.534]THE SAME STANDARDS APPLY, YOU DO
[01:05:40.469]NOT GIVE UP YOUR FREE SPEECH
[01:05:42.772]RIGHTS BY VIRTUE OF BEING A
[01:05:44.640]PUBLIC OFFICIAL.
[01:05:45.775]THAT SAID, THERE A CERTAIN
[01:05:48.311]PUBLIC OFFICIAL, I'M SURE NOT
[01:05:49.578]THE ONE THAT WAS BEING INVOKED
[01:05:51.614]BY THE QUESTION.
[01:05:53.049]BUT, IN ALL SERIOUSNESS,
[01:05:55.351]LAWSUITS, ONE OF THE CATEGORIES
[01:05:57.320]OF SPEECH THAT SATISFIES THIS
[01:05:59.655]EMERGENCY PRINCIPLE IS
[01:06:02.091]INTENTIONAL INCITEMENT OF
[01:06:04.360]IMMINENT VIOLENCE, AND THERE ARE
[01:06:06.262]ACTUALLY A NUMBER OF LAWSUITS
[01:06:08.898]THAT HAVE BEEN BROUGHT AGAINST
[01:06:10.132]PRESIDENT TRUMP, INCLUDING SOME
[01:06:12.702]CRIMINAL INVESTIGATIONS, AND
[01:06:15.137]MOTIONS TO DISMISS.
[01:06:17.139]I'M SORRY, LEGALISTIC TERM.
[01:06:19.075]A FIRST AMENDMENT DEFENSE HAS
[01:06:20.910]BEEN REJECTED IN AT LEAST ONE OR
[01:06:22.912]TWO OF THESE CASES BECAUSE THE
[01:06:24.714]JUDGE HAS SAID THERE IS ENOUGH
[01:06:27.383]EVIDENCE THERE THAT HE
[01:06:29.352]INTENTIONALLY INCITED, THESE
[01:06:30.820]WERE AT RALLIES, THAT HE
[01:06:33.356]INTENTIONALLY INCITED PEOPLE WHO
[01:06:35.658]WERE HIS SUPPORTERS TO BEAT UP
[01:06:38.527]PROTESTORS.
[01:06:39.028]THAT'S NOT THE JUDGE SAYING THE
[01:06:40.396]CASE IS WON, BUT THERE'S ENOUGH
[01:06:43.132]EVIDENCE THAT THAT STANDARD
[01:06:44.166]MIGHT BE SATISFIED.
[01:06:44.867]IN TERMS OF FAKE NEWS, AGAIN, I
[01:06:46.268]WANT TO GO BACK TO MY MANTRA,
[01:06:48.604]WHAT'S THE LESSER OF TWO EVILS?
[01:06:51.307]DO WE WANT PRESIDENT TRUMP, OR
[01:06:53.709]ANY PRESIDENT, OR ANY GOVERNMENT
[01:06:55.811]OFFICIAL DECIDING WHAT IS FAKE
[01:07:00.282]VERSUS WHAT IS HYPERBOLE.
[01:07:12.328]GUESS WHO IS BEING PUNISHED,
[01:07:14.063]DISSENTS, CRITICS, PROTESTORS.
[01:07:15.364]>> THANK YOU, YOU MENTIONED
[01:07:17.066]DURING YOUR TALK, NADINE,
[01:07:20.002]SILENCE CAN ALIENATE VICTIMS,
[01:07:23.839]ONE TACTIC TO TAKE THE FUEL OUT
[01:07:25.641]OF HATE SPEECH IS TO IGNORE IT.
[01:07:27.943]WHEN IS IT APPROPRIATE TO BE
[01:07:30.279]SILENT?
[01:07:30.613]>> IT REALLY IS A TACTICAL
[01:07:33.015]DECISION TO SOME EXTENT IT IS A
[01:07:35.751]PERSONAL DECISION.
[01:07:37.953]SO, YOU KNOW, I LOVE QUOTING
[01:07:41.123]MICHELLE OBAMA THAT FAMOUS
[01:07:42.358]STATEMENT WHEN SHE SAID WHEN
[01:07:43.259]THEY GO LOW, WE GO HIGH.
[01:07:46.662]AND ONE WAY FOR SOME PEOPLE, ONE
[01:07:49.698]WAY OF GOING HIGH IS THAT YOU
[01:07:52.735]DISDAIN IT.
[01:07:53.302]IT IS NOT WORTHY OF YOUR
[01:07:54.837]ATTENTION.
[01:07:55.237]IT IS NOT WORTHY OF YOUR
[01:07:57.306]RESPONSE.
[01:07:58.240]YOU DIGNIFY IT BY RESPONDING TO
[01:08:01.343]IT.
[01:08:01.644]>> ALL RIGHT.
[01:08:02.111]GIVEN THE HISTORY OF THE PAST,
[01:08:03.879]AT WHAT POINT DOES LOGIC AND
[01:08:06.382]FREE SPEECH NEED TO STEP ASIDE
[01:08:08.150]TO COUNTER FORCE?
[01:08:09.452]AT WHAT POINT DO YOU STOP THE
[01:08:13.923]NAZIS?
[01:08:14.523]>> WELL, CERTAINLY -- I THINK I
[01:08:16.926]DIDN'T HAVE A CHANCE TO SAY THIS
[01:08:18.828]IN MY OPENING REMARKS, I'LL LEAP
[01:08:21.596]AT THE OPPORTUNITY.
[01:08:22.932]THERE WERE ANTI-HATE SPEECHES IN
[01:08:25.901]THE REPUBLIC IN WHICH HITLER WAS
[01:08:27.203]IN POWER, AND THE NAZIS WERE
[01:08:29.904]PROSECUTED AND CONVICTED UNDER
[01:08:31.506]THOSE LAWS.
[01:08:31.974]THEY LOVED IT.
[01:08:32.975]IT WAS AN OPPORTUNITY FOR THEM
[01:08:35.644]TO PROPAGANDIZE AND GET
[01:08:37.313]ATTENTION WHICH HATE MONGERS IN
[01:08:39.814]THIS COUNTRY ALSO OFTEN YOU SEE
[01:08:41.082]THEM CHEERING, AND SMILING, AND
[01:08:44.118]GLOATING WHEN THEY'RE SUBJECT TO
[01:08:46.689]CENSORSHIP BECAUSE THAT'S WHAT
[01:08:47.622]BRINGS THE MEDIA IN AND GETS
[01:08:49.091]THEM MORE ATTENTION.
[01:08:50.059]BUT THE NAZIS GOT AWAY WITH
[01:08:52.294]ACTUAL VIOLENCE, ACTUALLY
[01:08:54.263]MURDERING THEIR OPPONENTS, THERE
[01:08:55.264]WAS A FAILURE OF LAW
[01:08:58.466]ENFORCEMENT.
[01:08:58.868]THERE WAS A FAILURE OF LAW
[01:09:00.769]ENFORCEMENT IN CHARLOTTESVILLE.
[01:09:01.970]SO WE -- AND AS I SAID IN MY
[01:09:03.939]OPENING REMARKS, UNFORTUNATELY,
[01:09:07.243]THAT THERE'S BEEN A FAILURE TO
[01:09:09.011]SUFFICIENTLY MONITOR AND
[01:09:11.013]PROSECUTE WHITE SUPREMACISTS IN
[01:09:14.283]GENERAL.
[01:09:14.817]AND EVEN SHORT OF ACTUAL
[01:09:16.252]VIOLENCE, A THREAT OF VIOLENCE,
[01:09:18.020]AS I SAID, SHOULD ABSOLUTELY BE
[01:09:21.957]PUNISHED.
[01:09:22.323]>> ALL RIGHT.
[01:09:22.758]SO WHO GETS TO DECIDE WHAT
[01:09:24.859]QUALIFIES AS HATE SPEECH?
[01:09:27.129]DECLARING IT SO SEEMINGLY
[01:09:30.966]SILENCES ANY DEBATE.
[01:09:32.835]>> YOU HAVE A FREE SPEECH RIGHT
[01:09:35.104]TO CALL SOMETHING HATEFUL, TO
[01:09:37.006]CALL IT RACIST OR OTHERWISE
[01:09:41.109]DISCRIMINATORY.
[01:09:41.577]IT DOES TEND TO SHUT DOWN
[01:09:44.046]DEBATE.
[01:09:44.513]THEREFORE, IT IS ONE OF THE
[01:09:45.214]REASONS WHY I THINK WE ARE
[01:09:47.917]OVERUSING THE WORD "HATE" IN OUR
[01:09:51.687]POLITICAL DISCOURSE.
[01:09:52.955]ONCE SOMEBODY I READ SAID WE
[01:09:55.190]SHOULD TRY TO PURGE, OR MINIMIZE
[01:09:57.626]THE USE, SORRY, I'M LOOKING FOR
[01:09:59.862]SOME WATER HERE, MINIMIZE THE
[01:10:05.367]USE OF ANY IST, OR OBE WORDS.
[01:10:12.541]ONCE AN ARGUMENT IS CALLED THAT,
[01:10:13.842]THERE IS NO RESPONSE.
[01:10:15.811]WE OWE IT TO OURSELVES AND TO
[01:10:18.447]EACH OTHER TO LISTEN
[01:10:20.516]RESPECTFULLY TO THE PERSON TO
[01:10:22.718]RESPOND ON THE MERITS TO EXPLAIN
[01:10:25.721]WHY YOU THINK AN IDEA IS RACIST,
[01:10:29.558]WHY YOU THINK IT'S HOMOPHOBIC,
[01:10:34.697]NOT JUST USE CONDEMN TORY TERM.
[01:10:37.433]>> IN THE INTEREST OF FAIRNESS,
[01:10:39.134]THERE IS A QUESTION DIRECTED TO
[01:10:40.903]ME, I WILL CHOOSE NOT TO ANSWER.
[01:10:44.440]HOW MUCH CENSORSHIP RESULTS FROM
[01:10:46.342]THE AUDIENCE AND THE SPEAKER, IF
[01:10:49.612]WE'RE NOT ABLE TO SPEAK THROUGH
[01:10:51.246]THE MICROPHONE LIKE YOU?
[01:10:52.681]WE'LL LET THAT ONE GO.
[01:10:54.383]NADINE, WHAT CAN LAWYERS AND THE
[01:10:55.584]LEGAL SYSTEM DO TO INCREASE
[01:10:57.753]CONSEQUENCES OF HATE CRIME, AND
[01:11:00.155]WOULD YOU SUPPORT THAT?
[01:11:02.725]>> WHAT CAN LAWYERS -- I DO
[01:11:08.230]SUPPORT STRONG PUNISHMENT OF
[01:11:09.765]HATE CRIMES, AND THAT'S A NOT
[01:11:13.969]UNCONTROVERSIAL POSITION, BY THE
[01:11:15.004]WAY.
[01:11:15.671]THE ACLU DEBATED IT FOR A LONG
[01:11:18.207]TIME.
[01:11:18.741]AND THERE'S A PLAUSIBLE ARGUMENT
[01:11:21.443]THAT THE INCREMENTAL PUNISHMENT
[01:11:25.114]FOR THE DISCRIMINATORY CRIME IS
[01:11:26.682]A THOUGHT CRIME.
[01:11:28.951]BUT I OPPOSE THAT BECAUSE I
[01:11:31.020]THINK THAT THIS IS IN FACT A
[01:11:34.857]FORM OF ANTI-DISCRIMINATION LAW.
[01:11:37.326]IN THIS COUNTRY YOU'RE ALLOWED
[01:11:39.294]NOT TO HIRE SOMEBODY FOR FIRE
[01:11:41.964]SOMEBODY FOR ANY REASON UNLESS
[01:11:43.832]IT'S BASED ON DISCRIMINATION,
[01:11:44.933]SEEMS TO ME IF YOU TAKE
[01:11:46.268]SOMETHING THAT IS ALREADY
[01:11:47.703]ILLEGAL AND IT IS DONE FOR A
[01:11:50.072]DISCRIMINATORY REASON, THAT IT
[01:11:52.074]SHOULD BE PUNISHED FOR
[01:11:52.975]SERIOUSLY.
[01:11:53.342]ONE OF THE THINGS WE HAVE TO DO
[01:11:55.577]IS COLLECT MORE INFORMATION.
[01:11:56.845]THERE IS A RECENT REPORT IN
[01:11:58.080]WHICH THE FBI, WHICH IS SUPPOSED
[01:12:01.283]TO GET STATISTICS ABOUT HATE
[01:12:03.719]CRIMES FROM EVERY JURISDICTION
[01:12:04.520]COMPLAINED THAT IT WAS NOT EVEN
[01:12:06.555]GETTING THAT INFORMATION.
[01:12:07.523]SO WE CERTAINLY HAVE TO MONITOR
[01:12:10.392]AS A STARTING POINT.
[01:12:11.794]>> THANK YOU.
[01:12:12.461]WE HAVE TIME FOR A COUPLE MORE
[01:12:14.663]QUESTIONS.
[01:12:15.030]IN RECENT YEARS, IT SEEMS LIKE
[01:12:16.899]FREE SPEECH ADVOCATING
[01:12:18.467]INCLUDESIVELY IS A PARTISAN
[01:12:20.235]TALKING POINT.
[01:12:21.036]ARE THERE DANGERS TO THIS?
[01:12:23.105]>> FREE SPEECH ADVOCATING
[01:12:26.308]INCLUDESIVE
[01:12:28.644]INCLUDESIVELY, I QUITE
[01:12:29.278]FRANKLY -- I GUESS I NEVER
[01:12:32.014]REALLY SEE A DANGER TO FREE
[01:12:34.116]SPEECH, IF IT IS DONE IN A
[01:12:37.419]SPIRIT THAT IS NOT, YOU KNOW,
[01:12:40.255]ENDING DEBATE, AND DISCUSSION.
[01:12:41.457]>> ALL RIGHT, THANK YOU.
[01:12:42.991]OUR FINAL QUESTION THIS EVENING
[01:12:44.159]FROM OUR TWITTER FEED, CAN YOU
[01:12:45.894]FURTHER UNPACK THE CONTEXT
[01:12:48.464]PRINCIPLE AND THE EXAMPLE
[01:12:49.832]AMERICAN UNIVERSITY WHY
[01:12:51.400]PRIVILEGED THREATS THAT ARE
[01:12:52.534]CIRCUMSCRIBED TO AN INDIVIDUAL
[01:12:54.203]OR SMALL GROUP WHEN MURDEROUS
[01:12:57.372]RACIST TARGET PEOPLE BECAUSE OF
[01:12:58.907]CATEGORY MEMBERSHIP?
[01:13:00.609]>> SO, YES, YOU SHOULD CERTAINLY
[01:13:06.115]PUNISH INDIVIDUALS WHO COMMIT
[01:13:07.483]CRIMES.
[01:13:07.816]BUT IF WE HAD A STANDARD THAT
[01:13:12.054]ANY SPEECH THAT MIGHT INSTIGATE
[01:13:14.623]AN INDIVIDUAL TO COMMIT A CRIME
[01:13:16.792]COULD BE PUNISHED, THERE WOULD
[01:13:20.629]BE NO STOPPING POINT.
[01:13:23.398]THE SINGLE EXPRESSIVE WORK THAT
[01:13:26.769]THROUGHOUT HISTORY HAS MORE
[01:13:28.537]OFTEN BEEN BLAMED FOR MORE
[01:13:29.772]INDIVIDUAL CRIMES, AND MORE MASS
[01:13:32.541]MURDERS THAN ANY OTHER IS THE
[01:13:37.246]BIBLE, THE QUR'AN IS PROBABLY A
[01:13:41.016]CLOSE FOLLOW-UP, CRIME AND
[01:13:42.684]PUNISHMENT, THERE ARE INFINITE
[01:13:44.253]EXAMPLES OF PEOPLE WHO I HAVE NO
[01:13:46.655]DOUBT IN GOOD FAITH REALLY
[01:13:48.457]BELIEVE THAT THEY WERE DRIVEN TO
[01:13:50.759]COMMIT THEIR CRIME BY SOMETHING
[01:13:52.127]THEY READ, BY SOMETHING SOMEBODY
[01:13:54.129]SAID, AND SO, AGAIN, IF WE
[01:13:57.199]LOOSENED UP THE STANDARD, YES,
[01:13:59.935]WE WOULD PREVENT SOME HARM.
[01:14:01.703]I HAVE NO DOUBT ABOUT IT, BUT WE
[01:14:04.873]WOULD ALSO CENSOR LITERALLY
[01:14:07.543]EVERYTHING.
[01:14:07.943]>> ALL RIGHT, THANK YOU, NADINE.
[01:14:10.145]I WANT TO REMIND ALL OF YOU TO
[01:14:12.614]MARK YOUR CALENDARS FOR THE NEXT
[01:14:17.853]E.N. THOMPSON, DISCUSSING THE
[01:14:19.421]ROLE OF ARTIFICIAL INTELLIGENCE.
[01:14:22.291]FEBRUARY 26, 7:00 P.M. AT THE
[01:14:24.960]LIED CENTER.
[01:14:28.197]THIS EVENING, PROFESSOR
[01:14:29.631]STRAUSSEN WILL BE SIGNING BOOKS.
[01:14:32.835]WILL THAT, THANK YOU SO MUCH.
[01:14:34.269]>> THANK YOU FOR THE GREAT
[01:14:35.571]QUESTIONS, INCLUDING THE TWITTER
[01:14:36.772]PEOPLE.
[01:14:37.105]>> GOOD NIGHT.
[01:14:37.606][APPLAUSE]
[01:14:43.011]*

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HATE: Why We Should Resist It With Free Speech, Not Censorship

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