Free Speech – According to Fox News – President Trump tweeted early Thursday that if schools like University of California, Berkeley, do not allow free speech, it may cost them federal funding.
Okay class here the deal on “Free Speech” Protected vs. Unprotected Speech
Freedom of speech includes the right:
- Not to speak (specifically, the right not to salute the flag).
West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943).
- Of students to wear black armbands to school to protest a war (“Students do not shed their constitutional rights at the schoolhouse gate.”).
Tinker v. Des Moines, 393 U.S. 503 (1969).
- To use certain offensive words and phrases to convey political messages.
Cohen v. California, 403 U.S. 15 (1971).
- To contribute money (under certain circumstances) to political campaigns.
Buckley v. Valeo, 424 U.S. 1 (1976).
- To advertise commercial products and professional services (with some restrictions).
Virginia Board of Pharmacy v. Virginia Consumer Council, 425 U.S. 748 (1976); Bates v. State Bar of Arizona, 433 U.S. 350 (1977).
- To engage in symbolic speech, (e.g., burning the flag in protest).
Texas v. Johnson, 491 U.S. 397 (1989); United States v. Eichman, 496 U.S. 310 (1990).
Freedom of speech does not include the right:
- To incite actions that would harm others (e.g., “Shouting ‘fire’ in a crowded theater.”).
Schenck v. United States, 249 U.S. 47 (1919).
- To make or distribute obscene materials.
Roth v. United States, 354 U.S. 476 (1957).
- To burn draft cards as an anti-war protest.
United States v. O’Brien, 391 U.S. 367 (1968).
- To permit students to print articles in a school newspaper over the objections of the school administration. – …did you know this?
Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
- Of students to make an obscene speech at a school-sponsored event.
Bethel School District #43 v. Fraser, 478 U.S. 675 (1986).
- Of students to advocate illegal drug use at a school-sponsored event.
Morse v. Frederick, __ U.S. __ (2007).
Source: U.S. Courts
Only one arrest was made at Berkely – According to Legal Insurrection –
Wednesday night’s riots at the University of California, Berkeley (University of California–Berkeley is ranked #20 in National Universities) quickly turned violent, with some agitators even throwing explosives at police officers, yet it appears not a single arrest was made.
In fact, according to a university press release issued the night of the riots, “no arrests had been made by UCPD as of 9:30 p.m.,” with other outlets reporting the following morning that still no arrests had been made throughout the night.
Who is Milo Yiannopoulous?
He is a British journalist, author, entrepreneur, public speaker, and senior editor for Breitbart News, a far-right news and opinion website – Wikipedia.
His events have sparked protests over his inflammatory comments about women and minorities – for example:
Yiannopoulos proudly represents the “alt-right,” an Internet-based ideology propagating views commonly associated with white supremacy and white ethnonationalism. He was banned from Twitter after spearheading a racist harassment campaign against African-American actress Leslie Jones last year, and frequently lashes out against what he considers a liberally biased media landscape, according to JoeMyGod
In a statement Yiannopolous , Rwas asked – How he obtained credentials for the presidential briefing, he replied, “I’m a senior editor at America’s most influential news outlet. How the f–k do you think?”
Individuals have been rioting since the assassination of Julius Ceaser of the Rome – yet interestingly one person may have been arrested in the Berkeley riot. Riots are a form of civil disorders characterized by disorganized groups lashing out in a sudden and intense rash of violence, vandalism or other crime. Riots often occur in reaction to a perceived grievance or out of dissent. Historically, riots have occurred due to poor working or living conditions, government oppression, taxation or conscription, conflicts between races or religions, or even the outcome of a sporting event. Some claim that rioters are motivated by a rejection of or frustration with legal channels through which to air their grievances.
Cleveland – On the morning of April 6, 1970, 350 to 400 whites, mostly students, gathered outside of Collinwood High School and began throwing rocks at the school, breaking 56 windows. Police often had to resort to arresting Collinwood students when fights and demonstrations went too far. According to the Plain Dealer 11 persons were arrested after a series of incidents involving fistfights between Negroes and whites, beatings and vandalism.”
Minneapolis – What started out as a lunchtime food fight in a Minneapolis high school ended in a massive brawl involving hundreds of students and police officers wielding canisters of Mace.
New York- Columbia University protests of 1968 were among the many student demonstrations that erupted over the spring of that year after students discovered links between the university and the institutional apparatus supporting the United States’ involvement in the Vietnam War, as well as their concern over an allegedly segregatory gymnasium.
I point out the various riots that have occurred over the course of time at various educational institutions to note that when individuals and/or groups are moved by their passions the need to show their thoughts are sadly coupled with physical violence. Yet the President of the United States has elected via “freedom of speech” to indicate that Federal Funding should be a consequence of – freedom to use a form of communication, i.e. symbolic speech…
When a nation becomes possessed with a spirit of commercial greed, beyond those just and fair limits set by a due regard to a moderate and reasonable degree of general and individual prosperity, it is a nation possessed by the devil of commercial avarice, a passion as ignoble and demoralizing as avarice in the individual; and as this sordid passion is baser and more unscrupulous than ambition, so it is more hateful, and at last makes the infected nation to be regarded as the enemy of the human race. To grasp at the lion’s share of commerce, has always at last proven the ruin of States, because it invariably leads to injustices that make a State detestable; to a selfishness and crooked policy that forbid other nations to be the friends of a State that cares only for itself. Pike