Free speech: Its limits and the line

In the era of social media, the question of what is protected by the First Amendment is being carefully considered by scholars and courts alike. The First Amendment guarantees five basic rights; freedom of speech and expression, freedom of the press, freedom of people to assemble, freedom to petition the government, and freedom of redress, or protest.

The editorial staff gave our input on the discussion of free speech, hate speech and possible retribution. The editors were asked whether hate speech is protected under our right to freedom of speech. One editor replied, “If it’s something as simple as a hateful restaurant review, then yes that should be protected…if it’s something serious regarding a group of people who are at risk of attack, then that shouldn’t be protected.”

Another said, “I believe hate speech, as long as it doesn’t threaten anyone directly, should be protected. I may not like it, or even find it repulsive, but at the end of the day, everyone has the right to express themselves.”

The difficulty with the rise of online threats, political violence, internet anonymity and social media is where to draw the line between free speech and speech that requires disciplinary action.
One editor believes the line is, “When people are put in danger or are considered at risk of being targeted because of the hate.”

Another replied, “Disciplinary action should be taken when specific individuals are being targeted.”
Given the protests on college campuses last year over the Israel-Hamas war, another discussion taking place is how colleges and universities balance promoting freedom of speech, and protecting the safety and wellbeing of their students. The editors were asked about what institutions like Monmouth could do to balance these responsibilities.

One editor said, “More education needs to be done in every department. Fortunately, Monmouth is starting to require classes that promote this, but more action needs to be taken on the administrative end.”

A second said, “Universities need to make clear the difference between a strong opinion and bullying, threatening and demeaning language. Administrators should make clear to students their protected rights, and where the line is drawn and discipline begins.”

As anonymous social media sites like Yik Yak sweep college campuses, and political polarization and extremism inject themselves into campuses across America, students deserve to know what free speech rights they have, and where their university draws the line between free speech and speech that deserves repercussions.