Mark Rahdert of Temple University's Beasley School of Law reminds participants at the 2015 Hate Speech, Free Speech Symposium that the First Amendment is the bedrock of an open and diverse democracy and the foundation of academic freedom.

Hate speech, free speech

Symposium explores hate speech, whether it can be regulated

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11:29 a.m., May 20, 2015--The topic of hate speech and whether it can be regulated was the focus of discussion by University of Delaware students, faculty, staff and administrators, as well as students from the Charter School of Wilmington, at the 2015 Hate Speech, Free Speech Symposium held recently on campus. 

Mark Rahdert, professor of law at Temple University’s Beasley School of Law, posed the question "Can hate speech be regulated?" to an intimate group of symposium participants, who also considered the ethical, legal and practical implications of regulating hate speech on social media as part of the event. Rahdert reminded those in attendance that the First Amendment is the bedrock of an open and diverse democracy, and the foundation of academic freedom that allows education’s search for knowledge and understanding to flourish. 

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The increased diversity in academic spaces, however, has led to inter-group tensions that have resulted in verbal and physical clashes of words and ideas in academia— some of those clashes playing out in social media, in classrooms and in residence halls. 

The impact of such interactions can be devastating to the targeted individual. Larry White, vice president and general counsel at the University of Delaware, spoke of the lasting wounds and the chilling effect not addressing these issues can have on a campus community.  

“In posing a rhetorical question, because it’s not really answerable,” White said, “when a university tells a victim of hateful speech that it cannot punish the aggressor because of First Amendment barriers, what message is the university, and society at large, communicating to that victim? Hate speech causes real, searing, permanent pain for the intended recipient.”

Rahdert said he believes that hate speech that threatens or intimidates, or speech that incites violence is not protected by the First Amendment and should be punished. Flora Devine, university general counsel and special assistant to the president at Kennesaw State University, said that one way to mitigate inter-group tension is to increase cultural competency amongst members of the academic community. Conversations about culture, tradition and one’s own experience can dispel myths and create an atmosphere where one’s uniqueness is valued and one’s humanity respected.

Ralph Begleiter, Rosenberg Professor of Communication; Juliet Dee, professor of communication at UD; and Emily Mooradian, senior communication major at UD, discussed the complex values and principles of free speech within social media. In their panel discussion, they spoke of the ways immediate access to public media forums prevents some individuals from thinking about the impact of their words before they push the send button. Mooradian and Begleiter spoke of an app that someone is developing in Florida that would ask the sender the question, “Are you sure you want to send this?,” to give an individual a moment to pause and consider the consequences of the action.  

Mooradian said she wished more students were in attendance at the forum.  “Perhaps this conversation should be continued in the first year seminar or even an English 110 course,” she said.

Vice Provost for Diversity Carol Henderson said she agrees with Mooradian, adding that she was pleased with the thoughtful and spirited interaction of those in attendance.  She noted that symposium participants received much to consider from reports resulting from the breakout sessions that asked participants to consider actual case studies centered on well-known and little known cases revolving around hate speech and free speech. 

That was the purpose of the day, Henderson said. “We need to have honest conversations about troubling and often hurtful language that can dominate certain social media outlets, “ she said. 

“While social media has been a wonderful way to connect the world, the privilege of free speech has been taken for granted in some instances, allowing some to hide behind the mask of anonymity. If we want to truly be an inclusive and learning community, we must engage in thoughtful dialogue that encourages alliance building, not divisive hatefulness,” Henderson said.

This symposium was sponsored by the vice provost for diversity and organized by the collaborative group of the Office of the General Counsel, the Vice Provost for Diversity, and the Center for Political Communication. To receive materials from the event, send an email request to vpd@udel.edu

Article by Carol E. Henderson

Photos by Ambre Alexander Payne

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