Spring Break
Free speech 'dead' on campuses
by Anya Bergman
News | 3/18/08
Posted online at 4:33 AM EST on 3/18/08
/ Last updated at 11:09 AM EST on 3/18/08
He said this kind of behavior is 100 percent protected by the United States constitution, but not on campuses.
After the University set up "speech zones" as the only places where it was permitted to say anything offensive, students chalked the campus with "free speech" and "no speech" zones. The school repealed the speech zones and adopted a code to prevent harassment, but not specifically speech.
Silverglate criticized these codes, which almost all campuses now have and which he said are very similar to speech codes. He is working to have the codes repealed.
He said that when incidents such as these occur, FIRE works with the administration, which almost always backs down, realizing its error.
Silverglate then jumped to 2007, when students accused Brandeis student publication Gravity magazine of racism for an advertisement spoofing the Blackberry personal digital assistant, calling it a "blackjerry."
"I assume Justice Brandeis flipped over at least once or twice over this one," Silverglate said, in response to an apology and diversity training the magazine staff had to undergo.
Silverglate then brought up the case Hustler v. Falwell, in which Hustler magazine parodied Rev. Jerry Falwell in an advertisement. The Supreme Court decided that the parody was protected under the constitution, Silverglate said, explaining the protection of free speech in arenas other than college campuses.
"[Hindley's case] is in the hands of the students. Take up the cause," Silverglate concluded.
Silverglate responded to a question from Jordan Rothman '09 about how he defined free speech, saying that it is "not convenient. Free speech is hurtful," and the response can be, too. "I do draw a line, I'm not without scruples," he said.
In response to this remark, Chair of the Faculty Senate Prof. Marc Brettler (NEJS) asked Silverglate how he defines professionalism, which Silverglate said was the "single hardest question." Silverglate said there is a problem with professors who use profanities directly to students and that professionalism can be enforced.
After the University set up "speech zones" as the only places where it was permitted to say anything offensive, students chalked the campus with "free speech" and "no speech" zones. The school repealed the speech zones and adopted a code to prevent harassment, but not specifically speech.
Silverglate criticized these codes, which almost all campuses now have and which he said are very similar to speech codes. He is working to have the codes repealed.
He said that when incidents such as these occur, FIRE works with the administration, which almost always backs down, realizing its error.
Silverglate then jumped to 2007, when students accused Brandeis student publication Gravity magazine of racism for an advertisement spoofing the Blackberry personal digital assistant, calling it a "blackjerry."
"I assume Justice Brandeis flipped over at least once or twice over this one," Silverglate said, in response to an apology and diversity training the magazine staff had to undergo.
Silverglate then brought up the case Hustler v. Falwell, in which Hustler magazine parodied Rev. Jerry Falwell in an advertisement. The Supreme Court decided that the parody was protected under the constitution, Silverglate said, explaining the protection of free speech in arenas other than college campuses.
"[Hindley's case] is in the hands of the students. Take up the cause," Silverglate concluded.
Silverglate responded to a question from Jordan Rothman '09 about how he defined free speech, saying that it is "not convenient. Free speech is hurtful," and the response can be, too. "I do draw a line, I'm not without scruples," he said.
In response to this remark, Chair of the Faculty Senate Prof. Marc Brettler (NEJS) asked Silverglate how he defines professionalism, which Silverglate said was the "single hardest question." Silverglate said there is a problem with professors who use profanities directly to students and that professionalism can be enforced.
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