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Heckler’s Veto: 66% Of College Students Say Stopping Speech Is Free Speech

Courtesy of ZeroHedge View original post here.

Authored by Jonathan Turley,

We have previously discussed the worrisome signs of a rising generation of censors in the country as leaders and writers embrace censorship and blacklisting. The latest chilling poll was released by 2021 College Free Speech Rankings after questioning a huge body of 37,000 students at 159 top-ranked U.S. colleges and universities. It found that sixty-six percent of college students think shouting down a speaker to stop them from speaking is a legitimate form of free speech.  Another 23 percent believe violence can be used to cancel a speech. That is roughly one out of four supporting violence.

The most chilling aspect of this story is how many on left applaud such censorship.prior poll shows roughly half of the public supporting not just corporate censorship but government censorship of anything deemed “misinformation.” Perhaps the same citizens and academics will embrace the Chinese model on social scoring and praise actions that the reported move by Chase bank.

We discussed this issue recently with regard to a lawsuit against SUNY. It is also discussed in my forthcoming law review article, Jonathan Turley, Harm and Hegemony: The Decline of Free Speech in the United States, 45 Harvard Journal of Law and Public Policy (2021).

This has been an issue of contention with some academics who believe that free speech includes the right to silence others.  Berkeley has been the focus of much concern over the use of a heckler’s veto on our campuses as violent protesters have succeeded in silencing speakers, even including a few speakers like an ACLU official.  Both students and some faculty have maintained the position that they have a right to silence those with whom they disagree and even student newspapers have declared opposing speech to be outside of the protections of free speech.  At another University of California campus, professors actually rallied around a professor who physically assaulted pro-life advocates and tore down their display.  In the meantime, academics and deans have said that there is no free speech protection for offensive or “disingenuous” speech.  CUNY Law Dean Mary Lu Bilek showed how far this trend has gone. When conservative law professor Josh Blackman was stopped from speaking about “the importance of free speech,”  Bilek insisted that disrupting the speech on free speech was free speech. (Bilek later cancelled herself and resigned after she made a single analogy to acting like a “slaveholder” as a self-criticism for failing to achieve equity and reparations for black faculty and students).

We previously discussed the case of Fresno State University Public Health Professor Dr. Gregory Thatcher recruited students to destroy pro-life messages written on the sidewalks and wrongly told the pro-life students that they had no free speech rights in the matter.  A district court has now ordered Thatcher to pay $17,000 and undergo First Amendment training.  However, Thatcher remained defiant and the university appeared complicit in his actions by the lack of disciplinary action.

The pro-life students had written messages on the sidewalk like “You CAN be pregnant & successful” and “Unborn lives matter” to “Women need love, NOT abortion.”  Thatcher got students from his 8 a.m. class to help remove the anti-abortion messages and that their chalk was taken away to write pro-choice slogans on the sidewalk. The students seem entirely unconcerned that they are censoring speech and engaging in a grossly intolerant act.  Instead, they refer to their teacher as telling them that they should do so.  Thatcher then walked up.    Thatcher invoked the controversial restriction of free speech to “zones” and says that there is no free speech right for this type of writing outside of that zone.  When the students explain that they have permission, he then proceed to rub out their messages and declared “you have permission to put it down — I have permission to get rid of it.”

Thatcher is arguing that same Orwellian “Stopping free speech is free speech” position.

A few years ago, I debated NYU Professor Jeremy Waldron who is a leading voice for speech codes. Waldron insisted that shutting down speakers through heckling is a form of free speech.

I disagree. It is the antithesis of free speech and the failure of schools to protect the exercise of free speech is the antithesis of higher education.

The added increase in embracing violence is particularly chilling. A quarter of those polled supported violence to prevent others from speaking. This is the core of the philosophy of the Antifa movement. It is at its base a movement at war with free speech, defining the right itself as a tool of oppression. That purpose is evident in what is called the “bible” of the Antifa movement: Rutgers Professor Mark Bray’s Antifa: The Anti-Fascist Handbook. Bray emphasizes the struggle of the movement against free speech:

“At the heart of the anti-fascist outlook is a rejection of the classical liberal phrase that says, ‘I disapprove of what you say but I will defend to the death your right to say it.’” Indeed, Bray admits that “most Americans in Antifa have been anarchists or antiauthoritarian communists…  From that standpoint, ‘free speech’ as such is merely a bourgeois fantasy unworthy of consideration.”

It is an illusion designed to promote what Antifa is resisting “white supremacy, hetero-patriarchy, ultra-nationalism, authoritarianism, and genocide.” Thus, all of these opposing figures are deemed fascistic and thus unworthy of being heard.

Antifa has a long and well-documented history of such violence. Bray quotes one Antifa member as summing up their approach to free speech as a “nonargument . . . you have the right to speak but you also have the right to be shut up.”

Notably, when George Washington University student and self-professed Antifa member Jason Charter was charged as the alleged “ringleader” of efforts to take down statues in Washington, D.C., Charter declared the “movement is winning.” He is right and this poll shows the success.


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