As many on this blog know, I am hold a near absolutist view of free speech that has led me to long criticize hate speech laws around the world. We are seeing a steady expansion of criminalized speech, often under ill-defined or highly subjective standards. That is why a recent decision of a court in Cape Town caught my eye. A controversial art display inSouth African National Gallery entitled Fuck White People was reviewed by the Cape Town Magistrate. The court declared that the display, including both art, tee-shirts, and other items was not hate speech. I am always relieved when free speech prevails over criminalization. However, there is still uncertainty over the standard. Because the artist invoked the struggle of Albert Luthuli and Nelson Mandela, the campaign was deemed non-hateful speech. Would that have been the same result is an Afrikaner printed works and tee-shirts with the same message about Black people? Again, the point is not to disagree with the ruling. The point is that speech regulation often rests on uncertain and shifting standards.
Continue reading “Court: “F**K White People” Not Hate Speech”
In the aftermath of the vicious tweets against MSNBC hosts Joe Scarborough and Mika Brzezinski, there was an intriguing allegation that three top Trump Administration officials called Joe Scarborough and threatened that, if he did not call Trump to apologize for his negative comments, the National Enquirer would run a hit piece on the hosts. The allegation is deeply troubling and, while it would not necessarily constitute a crime, it would raise a serious question of abuse of office in the use of staff to convey such an alleged threat. With all of the understandable passion following the tweets. this is a very significant allegation and one that was not previously disclosed. It has not appeared in both print and on air by the hosts, who are obviously sticking by this chilling account of what they say was a campaign to intimidate them. 
Without fanfare, 
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There is a new controversy involving an investigation of a professor for statements made on social media. Trinity College Professor Johnny Williams has fled Connecticut after receiving death threats over his postings, including an inflammatory reference to people considered bigots and how we should “Let Them. F**king Die.” Williams teaches classes on race and racism and clearly wanted to get others to read this hateful screed.
The U.S. Supreme Court handed down a major victory for free speech on Monday in striking down a provision of the Lanham Act that barred registration for “disparaging” trademarks. The decision came in Matal v. Tam,
Laura Loomer from the conservative website The Rebel ran on to the stage on Friday of the controversial production of Julius Caesar in Central Park. The show has been criticized for its characters modeled on President Donald Trump and others. Trump, as Caesar, is killed in the show to the delight of the crowd. Many find the show to be distasteful and hateful. However, for those of us who have actively criticized liberals who shutdown conservative speakers on campuses and other public events, this is an equally objectionable effort to stop free speech. Indeed, it seeks to prevent both artistic and political expression.
There is an interesting free speech controversy in Florida where Vero Beach High School junior J.P. Krause won the election for class president only to be told that he would be retroactively disqualified. The reason was his tongue-in-cheek campaign speech using Trump slogans. Vero High Principal Shawn O’Keefe accused Krause of harassing an opponent with his speech invoking President Trump’s proposed border wall. The 
British Prime Minister Theresa May has 
Reality Leigh Winner, of Augusta, Georgia has the unfortunate distinction of being the first leaker caught by the Trump Administration. With members like
We previously discussed the proposal at Evergreen State College to have all white faculty, staff, and students leave campus for a day as part of a “Day of Absence” to raise awareness of the contribution of the black community.