Unlike others institutions in the society, there exist no code of conduct which regulates the freedom of speech among university students. Freedom of speech has become a major issue in recent days. Freedom of expression gives each individual the right to express themselves and the question as to where to draw the boundary on the freedom of speech has become major issue. The intention of the speaker also becomes another issue when considering the issue of freedom of speech. Freedom of speech has been used by people in the society to enhance themes such as discrimination, racism and social injustices especially among college students. Freedom of expression among college students should be restricted.
The RAV versus the city of St. Paul case is one of the many cases where the freedom of expression has been questioned. In the case, the petitioner who was a young boy, found a disassembled cross which he later burned together with his friends. The young boys had found the cross disassembled and assembled it using tapes, only to burn it in front of a house that belonged to an African American family. The case was later to become a case of hate speech vs. free speech. According to the accuser, burning of the cross amounted to hate speech in the provision that the teenagers were aware that their actions would elicit feelings of hate which. According to the ordinance by the city of St. Paul Hate speech could be done in many ways such as, but not limited to the burning of the cross . In the case, the jury failed to recognize the burning of the cross as hate speech which was too specific and which leaned towards the Catholics.
The first amendment allows these students freedom of expression, and it will only apply when students resolve to direct speech such as face to face insults and cat calls, which fall into the fighting words category which is recognized as an offence by the first amendment. Equality cannot fully be achieved when insulting remarks are often directed to the minority in the community. Speech should only be used to seek truth and enhance dialogue none of which is done by insulting remarks. While the constitution fails to come up with provisions which protect the minority in the society, the minority often find themselves in such situations and on the realization that fighting back will cause them more harm they are left with no option but to submit. Offensive speech can be ignored in public places, but the victim becomes cornered once the oppressor invades the victim’s space for instance by going into the victim’s home . It is also unfair that the minority students are forced to seclude themselves, so as to avoid hateful words and speeches from their fellow students. By subjecting the minority students towards such conditions, these students are denied a fair chance at success in these colleges. Racist speeches have a negative effect on the minority groups towards whom these speeches are subjected . These students develop feelings of hopelessness and frustration in life. Universities are in a position to come up with regulations which can protect students from minority groups from injurious remarks. The first amendment on the other hand chooses to ignore the impact of these injurious remarks in an attempt to uphold the liberty of speech. The first amendment protects the society’s right to expression, while the blacks and other minority groups in the society are forced to pay the hefty price .
The first amendment has proved over time that it has failed to sustain the society. Jacoby is a feminist who has fought for women rights for a long time. Women have always been on the front line defending the right of speech and expression in the society. However when it comes to matters such as obscenity, women are seen taking a step back . The issue as to where to draw the line in the freedom of speech has become a major issue. Freedom of speech fails to serve its purpose in the society when it subjects others in the society towards humiliation and discrimination. According to Jacoby, the right of expression gives the pornographic industry the right to subject kids to sexual harassment. She uses the example of a naked woman and compares the illusion of a naked woman in a pornographic film and a naked woman who has been painted by an artist. According to her, not all naked pictures can be considered obscene. Obscene draws the line between art and trash . Similar pictures can bring feelings of demeaning and lovely at the same time, depending on the context. Pornographic movies use visual images in order to lure customers to buy their films, which is an act of expression. Freedom of speech is limited by the kind of feelings that it exhibits from the audience. If a certain expression has a negative impact on the audience it is upon those who are responsible to take action. Most colleges are doing this by coming up with policies and legislations to govern students within their institutions. Students are required to sign these regulations before they are admitted into these colleges and hence they are bound by these rules and regulations. According to Jacoby, just because the government allows for some injustices, it does not mean that the people should abide by them .
Many symbols in the society today such as the cross and the swastika are associated with certain cultures or religions and at times they may be offending to other members of the community. The swastika is associated with slavery and it tends to bring controversial feelings in the community . Most universities are faced with the problem of whether to withdraw the speech codes and if by doing so, the administration will be suppressing the student’s freedom of speech. While these offending symbols are offending to others in the society and raise the issue of hate speech, for others, these symbols are their way of expressing themselves. They use these symbols to express themselves, which is provided by the law in the First Amendment. Using symbols that cause others in the society discomfort is to lack mutual respect for others in the community. Various laws have been enacted in order to protect the society from such discomforts. Graffiti is one major issue which if not controlled, many buildings will be defaced. The free speech clause in the first amendment allows individuals to express themselves freely and no action can be taken against students for hanging swastika flags which symbolize slavery. According to Bok, such incidents in the varsity grounds are regrettable . However, he also admits that the law does not have any regulations which allows for the students to be denied their right of expression. Little attention should be given to such incidences and. In turn, the students will also get bored and abandon such habits.
Fairness and equality are among the numerous issues that are brought about by freedom of expression. President Obama has introduced the concept that fairness is a better criteria as compared to equality. In achieving equality for the American citizens, the well to do will feel at a disadvantage since some of what they own will have to be given to those in the society who are not doing as well. The American citizens are of the feeling that if the procedure is implemented by people, the system will result into a class warfare. The American citizens are willing to adopt the system if the equality is left to occur naturally and in that case, it will be fair for all the parties involved . The American dream is embedded in entrepreneurial skills and self-realization. While those in favor of equality are suggesting changing the rules so as to favor the underprivileged in the society, fairness suggests that all American citizens are given a fair chance. Fairness has a strong emphasis on rules and is strongly against social inequalities such as discrimination among other social injustices, which might prioritize others while abandoning the needs of others in the society. Fairness is against social injustices which often lead to discrimination.
The first amendment has given a lot of liberties upon which the marginalized groups in the society are subjected towards discrimination and hate speech. Learning institutions is one of the common places where freedom of expression is violated and misused at the same time. Most students are left in the mercy of their administrators, and as a result they are left with no choice but to comply. Failure to do so, will rule the students disobedient, and they might face expulsion or suspension . The first amendment subjects the minority in the society such as the blacks with new responsibilities, which expect them to fight back others in the society when they are unable to defend themselves against social discrimination. Equality in the society cannot fully be achieved while others in the society such as the blacks are at a social disadvantage . Racial harassment is a common occurrence in universities. Administration has been accused on a number of occasions for being the “thought police” by the press, since the constitution does not allow for such provisions, and universities are forced to take law into their own hands by expelling and suspending students.
Speech in varsity ground is the least restricted, as compared to other places in the society. By law, the university students have a right to express, and students have violated this right for a very long time. While in places such as the work place, employers are governed by employer codes. There are no regulations put in place to regulate student behavior especially when they are within the university grounds. Student’s speech is protected by the constitution, both in public universities and private ones. The nature of the university environment allows and calls for such provisions. For instance, most academics are critics and criticism is a common behavior among students at the university. Students have however extended their freedom of expression with the use of racist, anti-gay, feminist and racist remarks. Students at Yale University were at one time seen with banners which referred to women in the surrounding community as sluts . While such behavior is intolerable in places such as the work place, many varsity students get away with this kind of behavior. While the work place is designed to serve the employer, universities are designed to serve students. It is almost never that these students are punished for violating their freedom of expression. Instead most universities condition their students to look the other way when they encounter others who have opinions contrary to theirs. Students who tend to challenge the administration system are likely to suffer poor grades, expulsion or absurd charges . Most of these students are subjected to a subjective ruling by the administrators in these institutions, which leaves them at the mercy of the administration.
In conclusion, the freedom of speech should be restricted in universities, to ensure that students and staff at the universities adhere to laws governing freedom of expression. Most students are in the habit of misusing freedom of expression with the use of racist, sexist and feminist remarks among other feminist remarks. These remarks are injurious to the minority groups in university, who are forced to be submissive and seclude themselves in order to avoid these injurious remarks. This is unfair for these students who deserve a fair chance to utilize the various amenities at the university. The First Amendment fails to provide fairness for the minority groups, by failing to offer them protection from the majority groups which are more socially advantaged. By failing to protect the interest of the minority groups, the constitution fails to offer the minority groups in the society a fair chance at self-realization.
Works Cited
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Fish, Stanley. "Fair is fair." New York Times 26 January 2012. Print.
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Jacoby, Susan. "The First Ammendment Junkie." The New York Times 1978. Print.
Kristof, Nicholas. "Mizzou, Yale and Free Speech." The New York Times 11 November 2015. Web.
Lawrence, charles. "On Racist Speech." Duke Law Journal (1989). Document.
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