Seattle U. professor: Free speech, like democracy, is messy
Oct 7, 2017, 7:33 AM

Seattle University campus. (MyNorthwest file photo)
(MyNorthwest file photo)
Last week, I went to an event at Seattle University titled 鈥淚s hate speech free speech?鈥
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The event featured a panel of three speakers, each from a different college on the university鈥檚 campus.
My colleague, Jason Rantz, told me the event was a waste of time; the answer to the question is 鈥渉ate speech is protected speech鈥 and the conversation needn鈥檛 go farther than that.
I鈥檓 really glad I ignored his advice, not because he鈥檚 wrong about hate speech, but because simplifying the conversation to that degree is a mistake.
Seattle University communication professor Caitlin Ring Carlson opened the panel and immediately launched into her own definition of hate speech.
鈥淚鈥檓 defining hate speech as an expression that seeks to promote, spread or justify misogyny, racism, anti-semitism, religious bigotry, homophobia, or bigotry against the disabled,鈥 Ring Carlson said.
She made it clear that under current U.S. law, hate speech is absolutely protected. With her next breath though, she noted we鈥檙e mostly alone in that.
鈥淭his is different than pretty much all other democracies,鈥 Ring Carlson said. 鈥淐ountries who are members of the European Union, Canada, South Africa; all of these folks have regulations, laws, against hate speech that punish it with either jail time or fines.鈥
Ring Carlson went on to lay out many of the arguments for and against regulating hate speech. Sure, keeping the marketplace of ideas open is important for democracy, but how do we weigh that against the silencing effect hate speech can have on women and people of color?
So what was Ring Carlson鈥檚 personal take on whether hate speech should be regulated? It might surprise you.
鈥淚鈥檓 not someone that necessarily thinks we should amend the First Amendment,鈥 she said. 鈥淚 wouldn鈥檛 necessarily trust the government or other institutions to decide what counts as hate speech and what doesn鈥檛.鈥
So what does she think would help?
鈥淚 think there are a lot of places where we could do better,鈥 Ring Carlson said. 鈥淭he Southern Poverty Law Center advocates for bystander intervention. If you see something, say something, whether that鈥檚 in person or online.鈥
Another member of the panel, Political Science Associate Professor Erik Olsen, had a similar take.
鈥淵es, the free exchange of ideas is important, and yes sometimes that means we engage in emotionally-charged and impassioned speech,鈥 Olsen said. 鈥淏ut it鈥檚 not a free exchange if it goes along with marginalized groups being intimidated.鈥
I understand many will write off the comments of these professors as empty pontification spouted by Liberal academics, but I think that really misses the point. Free speech is a concept our country has been grappling with in its courts since it鈥檚 founding. We鈥檝e been tweaking what it means, pushing boundaries and making alterations within the framework as necessary for hundreds of years, and there鈥檚 no reason to stop doing that now.
No one on the presumably (and in one case self-admitted) Liberal panel offered anything close to full-throated support to the prohibition of hate speech.
鈥淚 personally think that there are conceptual resources within the framework of American constitutional law, not in the form of European-style prohibition, but kind of in the messy middle,鈥 Olsen said.
All they advocated for was listening to the people who historically, we haven鈥檛, and making minor adjustments. Of 113 Supreme Court Justices, three have been people of color, four have been women, and three of those four are on the court right now.
Unsurprisingly, as we add more voices to the free speech debate, how we define the edges of free speech might shift slightly, and that鈥檚 OK. We鈥檒l all survive.