I found this article about two students at the University of Connecticut who were arrested because of what they said. This incident, and the reaction to it, shows how little most Americans know about the Constitution or the blessings of liberty it was designed to protect.
Let me start from the beginning. An October 22nd article on NBCNews.com titled “2 white UConn students arrested after video showed them shouting racial slurs” describes an incident at the University of Connecticut where two students were arrested and charged with “ridicule on account of race, color, or creed”. If convicted, each could face unto a $50 fine or 30 days in jail. Don’t get me wrong, what these two did was stupid, nasty, and does not belong in a civil society. But should it be criminal?
Freedom of Speech
In a follow-up article dated Feb. 21st, NBC News notes “Many people applauded their arrests, but civil liberties groups condemned them as an affront to First Amendment rights.” If you’ve been studying with the Constitution Study for very long, you should recognize that, while offensive and unconstitutional, arresting these two men was not a violation of the First Amendment:
Congress shall make no law… abridging the freedom of speech,
U.S. Constitution, Amendment I
Congress did not write the law under which these to men were charged, the state of Connecticut did. The Constitution of the State of Connecticut clearly states:
No law shall ever be passed to curtail or restrain the liberty of speech or of the press.
Constitution of the State of Connecticut, Article First, Section 5
So clearly what we have here is a violation of the Constitution of the State of Connecticut, not of the United States.
On campus Monday, students marched to demand further action from the university, and they met at a gathering hosted by the campus NAACP chapter to discuss the climate for students of color on campus.
In a letter published in the student paper Monday, the NAACP also demanded that the university take action after the parking lot incident and another that allegedly occurred at a fraternity.
“If the university does not adequately address and handle these occurrences of racism appropriately, it will create a culture in which racism is tolerated and normalized,” the organization wrote, adding a list of demands aimed at making the campus safer and more welcoming to black students.
2 white UConn students arrested after video showed them shouting racial slurs – NBCNews.com
I understand the anger and frustration expressed by those students. I even agree with one or two of the things the NAACP is asking for. What I don’t agree with is not only an attempt to improve speech, but to bully others to speak the way people want them to speak. There seems to be no attempt to show these two men why what they said was wrong, or how to better deal with any feelings that might have led them to their actions. No challenging bad speech with good, just demands that those in authority punish these two for expressing an opinion and to punish any organization with which they may be affiliated.
The NAACP demanded a public apology from Delta Epsilon Psi and that they be thoroughly investigated in regard to this case, but I have not seen anyone claim these two men were acting on behalf of the fraternity. The NAACP also demanded a public statement of condemnation from the university, yet again there’s been no evidence that the university was involved. In fact, the only connection I have found between this incident and the university or fraternity is the fact that these were students of that school and members of that fraternity. The NAACP went on to demand that the public university consult with them on guidelines for consequences of racism or hate speech, even though I believe what these students did was already a violation of school policy. The letter also demanded that the university create an indoctrination program for first year students, and make that program mandatory for graduation.
And in the best example of not letting a crisis go to waste, the NAACP is demanding that the university hire at least 10 black faculty, staff, and police officers, although I am not sure what that will do to impress the need for “Newspeak” on campus.
In a statement from University President Thomas C. Katsouleas ““It is supportive of our core values to pursue accountability, through due process, for an egregious assault on our community that has caused considerable harm,” I saw no evidence that these two students did anyone any actual harm. I don’t even see someone claiming that their slurs expressed an intention to do harm. All it has done is offend a group of people. But isn’t that the purpose of free speech? To be able to say things others may find offensive?
Connecticut’s Response
From the Feb 21st article:
A bill before the legislature’s Judiciary Committee would repeal the law, which has been criticized by law professors around the country and other groups, including the American Civil Liberties Union, which said the students’ conduct was offensive but not criminal.
UConn students’ arrest over racial slur prompts review of state’s ridicule ban
At least the legislature of the State of Connecticut is looking at this law. I find it disturbing that anyone believes that speech that is not designed to incite violence should be criminal.
Scot X. Esdaile, president of the Connecticut State Conference of the NAACP, said that the bill to repeal the law raises serious concerns and that he will seek opinions from civil rights lawyers and NAACP officials about the proposal.
UConn students’ arrest over racial slur prompts review of state’s ridicule ban
What we have is a “civil rights” group supporting the retention of what is, effectively, a blasphemy law. Last year, that law was used to arrest two students for racial slurs. What has it been used for in the past? Even worse, what could it be used for in the future? Even the state’s Commission on Human Rights has gotten into the act:
“At a time when hate and bias incidents are on the rise, it is critical that the state not remove these types of prohibitions that aim to deter or punish this unacceptable behavior,”
UConn students’ arrest over racial slur prompts review of state’s ridicule ban
So their plan to deal with what they refer to as a rise of hate and bias incidents is to use hateful actions against ideas they are biased against? Does anyone else see the hypocrisy in that?
Lawyers to the “Rescue”?
“It is so clearly unconstitutional under the First Amendment that it’s hard to believe that it’s still on the books,” said William Dunlap, a professor at the Quinnipiac University School of Law in North Haven, Connecticut. “It punishes speech based on the content of the speech, and that it is one of the key concepts of the First Amendment — that the government cannot punish speech based on its content.”
UConn students’ arrest over racial slur prompts review of state’s ridicule ban
As further proof of the need for law schools to return to teaching the actual Constitution, apparently this professor at the Quinnipiac University School of Law may refer to the First Amendment, but either has never read it, or needs a reading comprehension refresher:
Congress shall make no law… abridging the freedom of speech,
U.S. Constitution, Amendment I
I hate to repeat myself, but since these students were charged under a Connecticut law, this is not a First Amendment issue, it’s a state issue.
No law shall ever be passed to curtail or restrain the liberty of speech or of the press.
Constitution of the State of Connecticut, Article First, Section 5
Conclusion
Whether you agree with what the students said or find it abhorrent, the questions we need to ask are: Does the rule of law matter anymore? Do our rights matter any more? What are we willing to do to defend the rights of others?
If Connecticut, or any government for that matter, can regulate what you say on the matter of race, how long before it can do so on other matters as well? We have already seen people punished for expressing their ideas on marriage, transsexuality, and even climate change. Do you really want to give someone the power to tell you what you can and cannot say? How long before that morphs into regulating what you can and cannot think?
Will America ever return to the land of the free, or are we damned to be controlled? Will this modern Newspeak brainwash out of us more than just racism? How long before it removes the ideas of freedom, liberty, and rights? Will we ever return to the idea expressed by Voltaire:
