Why do people have the audacity to rewrite the consitution and INVADE your 1st amendment

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When Free Speech and Racist Speech Collide

The First Amendment is important, but it's not recommended as college officials' first response when students engage in racist and offensive speech.

By Greta Anderson

June 23, 2020

ISTOCK.COM/JAOUAD.K

As a staff attorney for the American Civil Liberties Union, Emerson Sykes has focused on the intersection of racial justice and free speech and how it plays out on college campuses.

Sykes is a strong proponent of the First Amendment and said he's aware of and “frustrated” by the many examples of public and private universities invoking free speech rights in response to incidents of racism or hateful speech from students. He believes it’s a way for administrators to say “our hands are tied” and sometimes shirk their responsibility to meaningfully respond to such incidents, which can leave students of color, in particular, feeling hurt and unsafe, Sykes said.

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“When I talk to administrators, I tell them, ‘For a moment, forget about the First Amendment,’” he said. “This is a community issue. If someone is hurt in your community, then think about the ways that your community can heal. When you’re interpreting the First Amendment in your head when someone is across the table from you and crying, it’s not a good place to start.”

As national conversations about racial injustice and police brutality have prompted students to call out their peers for racism and call on their colleges to do more to address it, student activists and leaders have lately demanded more punitive responses from college administrators. The activists have made clear that they find the “First Amendment response” to be increasingly irritating. Whether hateful speech occurs on campus or on social media, which is now the primary forum for campus speech since campuses closed in response to the coronavirus pandemic, students want to see peers that engage in it disciplined, including with suspension or expulsion.

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