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Shira Tarrant

Shira Tarrant

Posted: April 25, 2010 10:49 AM

Free Speech. Hate Speech.

What's Your Reaction:

Sex slavery yields around $12 billion a year and harms about 4 million women, girls, and young boys around the world. On April 23, 2010 Arizona Gov. Jan Brewer signed into law the state's undocumented immigration law (aka "breathing while brown"). Psychology professor Kevin MacDonald continues to receive attention for promoting anti-Semitic arguments and remains the darling of white supremacist bigots. Between 2006 and 2008, violence toward queer and transgender people increased 26 percent.

Connecting these global dots is the fact that hate-speech, hate-motivated violence, and gender-based crime can incite widespread fear, frustration, isolation, and anger, even among those who are not directly victimized.

And against the backdrop of human trafficking, immigration law, and gender violence, are ongoing debates about free speech, the foundation of our democracy. Three recent events on California college campuses highlight the line between free speech and hate speech, and the cultural biases that enables crime to flourish.

First, there's Dr. Kenneth Ng, an economics professor at California State University, Northridge. Until April 23, 2010, Professor Ng ran a website that helped customers negotiate the best price for "bar girls" in Thailand. Oklahoma State University professor and anti-sex trafficking expert John Foubert explains that "bar girls" are often under-aged, prostituted girls forced to have sex with up to 30 men per day.

The second case involves a conference on Chicana Feminisms organized by California State University students. The event held on March 18-20 focused on globalization and border issues, promoted increased communication between the community and academy, and featured artist-activists Alma Lopez and Cherrie Moraga. An article announcing the conference in the Cal State Long Beach Daily 49er student newspaper garnered anonymous homophobic slurs and death threats.

Finally, on April 15, an out-and-outspoken transgender student was attacked in the men's bathroom at California State University, Long Beach. The attacker singled out the victim, knew his name, and left him battered on the bathroom floor with the word "It" carved deeply in his chest.

These three cases are alarming but they are also instructive. They force us to ask -- and answer -- tough questions about whom we value and devalue in society. These cases require that we think about who is silenced or at risk for speaking up. As law professor and first-amendment scholar Mari Matsuda explains, before we can promote the right to free speech, we must ask who our society entitles to speak in the first place. Sometimes so-called free speech is actually hate speech. And hate speech can become a crime. In the case of the trans student assaulted in the bathroom, there was no pretense of free speech. This was an unequivocal violent crime. But the point is that cultural norms that promote hate enable violence to continue. Assaults (whether directly physical or obliquely expressed by word or pen) impinge on the safety and freedom from harm that is required in order to express one's views on sexuality, religion, politics -- and a host of other contentious topics.

Silencing free speech can happen by direct physical attack, verbal slurs, or by aggressive Internet comments that are posted using the cowardly veil of online anonymity. What happened at CSUN and CSULB are not isolated incidents. As members of the student activist group Concienca Femenil explain, the online threats sustained in Long Beach are deeply intertwined with recent hate violence at UC San Diego, UC Riverside, and UC Davis.

Verbal and physical intimidation dampens open dialogue and robust debate. When leaders, institutional authorities, and others in power fail to speak up, the damage is just as great. Silence is tacit complicity in a culture that wants some people to simply shut up.

So what can we do? We can each speak up, speak our truth, become informed, and promote more free speech, not less. In the case of Kenneth Ng, CSUN officials responded to grassroots protest stating, "Our commitment to gender equity compels us to see [Ng's website] as offensive; our commitment to expression urges us to tolerate words and pictures we find intolerant."

At the Daily 49er, student editors removed the offending online hate comments. And in the case of the student who bravely survived assault, the police continue to investigate. In the meantime, we must refuse to be silenced by intimidation. While police and administrators do their work, we can do ours by promoting free speech even in the face of hate speech. This sends a powerful message to all who struggle for freedom and safety that we've got your back.


 
 
 

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06:25 PM on 04/28/2010
Jim Lafferty (National Lawyers Guild) spoke directly to this point -- countering hate speech with more speech -- in a radio interview following the April 17th Neo-Nazi rally at Los Angeles City Hall. Lafferty said the group has their First Amendment right. However, he expressed his disappointment at the lack of a statement by city officials to condemn hate and promote tolerance.
09:47 PM on 04/27/2010
Similar hate speech is happening at St Mary's College of California! See for yourself in this video of a current student who had to drop his class because of his teacher's racist comments.
http://www.youtube.com/watch?v=xXo_KWelZJs
We have to make sure that word is kept alive about these issues. These acts of intolerance are unacceptable anywhere especially in institutions of higher learning where students are working to better themselves. Please watch the youtube video and give support to E.J. Youngblood anyway you can!
01:36 PM on 04/27/2010
Thank you Shira! You are absolutely right- what we need is MORE speech- more of us speaking out against these attacks and proactively working to create inclusive campuses. We need to examine our campus cultures and the dynamics of power and privilege that allow some people to feel comfortable enough to express hate speech and hate violence, while others do not even have the safety to speak....
01:24 PM on 04/27/2010
Thank you for this thoughtful article. My organization, the National Hispanic Media Coalition, is working to shine a light on the extent and effects of hate speech in media, and proposing constitutionally sound action to counteract the negative impacts of such speech. If you want to learn more about our campaign please go to www.nhmc.org/hatespeech, or you can even take action at www.nhmc.org/calltoaction. Thanks!
01:44 AM on 04/27/2010
I'm so glad all these events are now documented from a feminist point of view. Thank you thank you for this piece.
11:45 PM on 04/26/2010
Great piece, Shira. After dramatic incidents of hate speech on our campus, we're working on policies related to acts of intolerance and are making some inroads on productive discussions about difference and community within the context of civility and free speech. But it also seems current political debates in the culture at-large inflame and provoke irrational and violent reactions along the lines of racism and homophobia, in particular. We have to keep talking, and writing, about this.
08:23 PM on 04/26/2010
Shira- thank you for making these connections. These attacks are often treated as "isolated incidents". Hate speech is not without consequence and should not be tolerated by schools & universities. Hating is not about free thinking or policy change- it is a manifestation of the speaker's own insecurities.

Also- schools should have better lighting at night & security cameras.
07:50 PM on 04/26/2010
Thank you, Shira, for your wonderful article. I am constantly shocked by the lack of outrage at these incidents (within the academic community and beyond) when the hate isn't directed at those who can trace their roots to Western Europe. The lack of a culture of protest among faculty on the campuses that you speak of - unless there's a furlough or paycut involved - is truly pathetic.
06:34 PM on 04/26/2010
Thank you Shira for sharing this information with us. I am a strong believer in freedom of speech and of opinions but encouraging hate speech is not the intention behind the first amendment. If we continue to be silent against hate speech, hate crimes, treats against those we may not agree with and intimidation acts we are showing that we are okay with all of these actions. We need to speak up, speak loud and don't stop until all sides are expressed.
05:32 PM on 04/26/2010
Yes, hate speech is not protected under the 1st amendment, as is the case with forms of speech that elicit harmful or violent actions (the proverbial shouting 'fire' in a crowded theatre), and as many have stated here, the antedote to hate speech is more open speech. The students of Long Beach State overwhelmingly condemn the actions taken by the hate-filled person who savagely attacked the cross-gendered student. Our duty, as supporters of both free speech and antiviolence, is to speak out in loud and united voices against this ugly form of bigotry. The hatemongers will become pariahs when their words, actions, and cowardice are brought into the light of day for all to see,
04:05 PM on 04/26/2010
Thank you Shira for reminding us that issues of free speech must also include a discussion of who
is silenced and unable to speak out.
03:34 PM on 04/26/2010
In another case, CNN reports that the student body president of California State University, Chico, sustained stab wounds last week in what police believe was a hate crime. I think it's really time we speak up.
12:29 PM on 04/28/2010
Awesome article Shira! I agree with you that it is time to speak up and what is happening across campuses is horrible. Nobody deserves to be treated that way, we all chose our own ways to express ourselves and violence should not never be used to silence our beliefs.
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03:31 PM on 04/26/2010
As much as I represent the polar opposite of hate, I insist that free speech be upheld. Our dedication to freedom is put to the test. If we disallow expression we oppose, then we become hypocrites.
04:07 PM on 04/26/2010
@AryeDirect I absolutely agree with you. That's why I encourage *more* free speech even when faced with (or in spite of) aggressive acts that can have a dampening effect on saying what we need to say.
02:41 PM on 04/26/2010
Such a wonderful article, Shira. We really do need to be talking, reading, and educating ourselves about this more- I'm forwarding this piece widely!
02:26 PM on 04/26/2010
Great piece, Shira. It is so important to make the connection between all of these cases as you have done here. So often things are brushed aside as isolated events and are not put into the broader social context that fosters hate-based speech and acts. I think it is also so important because the reaction to these cases at UC and CSU schools that I have heard from people outside of the state is that they are surprised that those types of things happen in the "liberal state" of California. It is important for all of us to acknowledge that hate crimes and hate speech are happening here and we need to pay attention to them rather than brushing them aside as rare cases.