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On Wednesday, officials of the University of California-Berkeley announced they were canceling a speech to be given by conservative writer Ann Coulter scheduled for April 27. Then on Thursday, facing the prospect of a lawsuit, caught between the First Amendment and the fear of violence, university officials proposed Coulters speech be moved to May 2 a move she and her supporters quickly rejected, pointing out there would be no students on campus, as it coincided with a reading period before final exams.

This was a low point for the birthplace of the free-speech movement.

Ive known Ann Coulter for years, and Ive gone to great lengths truly great lengths to disagree with her. After she published a book called Godless, which accused liberalism of being a godless religion, I wrote a book called Soulless, which attacked the right-wing church of hate. I even donned her trademark sleeveless black dress, added about 10 inches of long blonde hair and posed for a cover that looked almost as sexy as hers.

We agree on almost nothing, except for the importance of free speech and public discourse. And we always have gotten along just fine.

Last summer, when a reporter went to her for comments about me, she could not have been more gracious. Thats how it should be in a democracy.

Our Founding Fathers understood something that seems to be getting lost in the ugly partisanship that has gripped our country. You dont deal with speech you dont like by shutting it down. You deal with it by speaking up yourself. Speech is powerful; it is protected not because it is harmless but because the alternative is even worse. And that alternative is what were facing now.

It is not just at Berkeley that this issue is rearing its ugly head. In response to the cancellation of a speech at Claremont-McKenna College by Heather Mac Donald, the president of Pomona College (part of the Claremont Colleges consortium) wrote an open letter defending the principle of free speech. To my shock, frankly, a group of black students went on the attack, claiming white supremacists (Mac Donald is a fellow of the conservative Manhattan Institute, not the Klan) have no right to free speech. Come again? Who is supposed to decide who gets to speak? Do these students not understand it is precisely oppressed minorities who have historically needed the protection of the First Amendment the most? Do they really think that if speech is regulated, they will be the beneficiaries? On which planet? Under which president?

For those who disagree with Coulter, shutting down her speech only elevates her position. Instead of speaking before a group of students two weeks before exams, the cancellation has brought her national attention and brought Berkeley the criticism it must surely have expected.

But blaming Berkeley is the easy way out. One way or another, the great majority of Americans who support the Constitution must stand up to the minority who think violence and censorship is the answer to speech they dont like. You cannot pick and choose which civil liberties to support, which opinions deserve protection.

As a writer myself, I get more than my share of ugly emails from people who disagree with me. No one enjoys reading those. And as a woman and a Jew, I have sharply felt the sting of hatred. But unless there is a threat of violence (the Constitution provides for shutting down speech if it poses an imminent threat of violence or an imminent threat to national security), the way to handle such ugly emails is simply hitting the Trash button, or better yet, responding with more speech. Because if you shut down free speech this time, next time, the one who is shut down might be you.

Susan Estrich is a columnist,

commentator and law and political science professor at USC.

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Is the First Amendment dead? - Hays Daily News

Herbst identifies a surprising source for this new understanding of the First Amendment, and identifies factors in students' development that could reinforce it as students move from high school to college. Citing research from the John S. and James L. Knight Foundation, the Newseum Institute, PEN America, the Pew Research Center and other sources, Herbst paints a comprehensive picture of student free expression issues that goes beyond episodic analysis of campus speech incidents.

The paper provides a set of recommendations for increasing student tolerance of offensive speech, and helping them become stronger advocates for free expression. Among Herbst's recommendations: first and secondary schools must educate students on the First Amendment; colleges and universities must make an absolutist case for free speech; and schools must continually make the case that free speech helps minorities and those who are alienated.

Now, when the younger generations make up the largest age demographic in America (Millennials now outnumber Boomers), it is more critical than ever to educate students on the First Amendment and the full rights it affords. The danger in not doing so, writes Herbst, would lead to nothing less than restrictions on our core freedoms.

Generous support for this project was provided by the Knight Foundation.

ABOUT THE NEWSEUMThe Newseum promotes, explains and defends free expression and the five freedoms of the First Amendment: religion, speech, press, assembly and petition. Headquartered on historic Pennsylvania Avenue in Washington, D.C., the Newseum's compelling, dynamic and engaging exhibits, programs and education initiatives help ensure that these fundamental freedoms remain strong and protected both today and for future generations. The Newseum Institute promotes the study, exploration and education of the challenges confronting freedom through its First Amendment Center and the Religious Freedom Center. The Newseum is a 501(c)(3) public charity funded by generous individuals, corporations and foundations, including the Freedom Forum. For more information, visit newseum.org and follow us on Facebook, Twitter and Instagram.

To view the original version on PR Newswire, visit:http://www.prnewswire.com/news-releases/newseum-finds-alternate-understanding-of-the-first-amendment-among-young-adults-300445408.html

SOURCE Newseum

http://www.newseum.org/

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Newseum Finds 'Alternate Understanding' of the First Amendment ... - PR Newswire (press release)

The First Amendment Foundation is a highly visible and accessible source of authoritative information, expertise and assistance to the public and news media.Founded as a non-profit organization in 1984 by The Florida Press Association, the Florida Society of Newspapers Editors and the Florida Association of Broadcasters to ensure that public commitment and progress in the areas of free speech, free press, and open government do not become checked and diluted during Floridas changing times.

Floridas Sunshine Laws guarantee our right to open government, but government officials can get downright creative to keep their decision-making in the dark. Like the state agency that demanded $3,200 to copy a single page of a public record, or the city commissioner who accidentally dropped her government phone in the toilet after a reporter asked her to see her text messages. And of course, you, the taxpayer footed the $1.3 million legal tab to keep our Governor and his cabinet out of court over secret emails. Fortunately, we have the Florida First Amendment Foundation fighting on our side. I urge you to support the First Amendment Foundation and keep Florida government by the people, for the people and in the Sunshine.

Carl Hiaasen, Miami Herald columnist and author ofSkin Tight,Strip Tease, Skinny Dip, Nature Girl, Star Island,Bad Monkey, Razor Girl and many more.

Thepurpose of the First Amendment Foundation is to protect and advance the publics constitutional right to open government by providing education and training, legal aid and information services. Funding is based on voluntary contributions from various organizations and concerned individuals.

You know, the critical research of my book would not have been possible without access granted by law via Floridas longstanding Open Government laws. Without Sunshine, stories like the injustice I uncovered in Central Florida could not have come forward. The Florida First Amendment Foundation has been protecting your citizen right to know for the past 31 years. Support the First Amendment Foundation. Support Open Government. It pays dividends.

Gilbert King, February 2016. Pulitzer Prize winning author of Devil in the Grove Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America

Our actions get results. In the past year, we led a broad coalition of open government advocates anddefeated a billthat would have made it harder to hold agencies accountable for public records violations. In dozens of courthouses and government offices around the country, citizens with FAFs help won access to the recordsand meetings.

Still,our job has never been more challenging and,with your help, we will continue to fight efforts to erode Floridas long-standing tradition of open government.

Find out more about the First Amendment Foundation.

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First Amendment Foundation

Former Vermont governor and Democratic presidential candidateHoward Dean offered his flawed interpretation of the First Amendment last week during the Ann Coulter-Berkeley controversy. The schoolcancelled Coulter's scheduled appearanceon campus after they decided the conservative speaker would createtoo dangerous of an environment. They then re-invited her, but rescheduled her speech. Coulter insists she's coming on the original date - this Thursday.

Between all the back and forth, Dean defended Berkeley's initialdecision to nix the speech,tweeting that "hate speech" is not protected by the Constitution. Putting aside the fact that Dean thinks conservatism amounts to hate speech,Guy explained just howwrong Dean was - not to mention hypocritical.Dean once joked that Trump peddled drugs.

Instead of admitting his mistake and saving face, Dean is doubling down on his ridiculous tweet.

"It's actually true" the First Amendment does not protect hate speech, he said on MSNBC Sunday.

Sigh.

Again, this constitutional scholar was a governor and ran for president.

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Howard Dean Doubles Down on Misinterpretation of First Amendment - Townhall

Even after almost two days of experts attempting to explain it, Howard Deanapparently stilldoesnt understand how the First Amendmentworks.In fact, the former Vermont governorcited anirrelevant Supreme Court decision when doubling-downed on his argument thathate speech isnt protected by the Constitution. First, though, lets review the timeline of Deans mistake. Then lets see where he went wrong.

This whole thing started Thursday night, when he made this claim.

This references something awful Ann Coulterreportedly said in 2002: My only regret with Timothy McVeigh is he did not go to the New York Times Building.

Does it meet colloquial definitions of hate speech? No. Is it terrible? Yes. Is it Constitutionally protected? Yuuuuuuuuuup. So is hate speech, sadly. Thats what commentators tried to drill into Deans head. Politifact got in on it. So did Vices Sarah Jeong,and others.

One counterargument caught Deans attention, however. AFriday op-ed from UCLA law Professor Eugene Volokh. This constitutional scholar and First Amendment expert took pains to explain how Free Speech works. Whats moreimportant, and possibly useful to non-lawyers, is his explanation of fighting words. [Emphasis mine]

To be sure, there are some kinds of speech that are unprotected by the First Amendment. But those narrow exceptions have nothing to do with hate speech in any conventionally used sense of the term. For instance, there is an exception for fighting words face-to-face personal insults addressed to a specific person, of the sort that are likely to start an immediate fight. But this exception isnt limited to racial or religious insults, nor does it cover all racially or religiously offensive statements. Indeed, when the City of St. Paul tried to specifically punish bigoted fighting words, the Supreme Court held that this selective prohibition was unconstitutional (R.A.V. v. City of St. Paul (1992)), even though a broad ban on all fighting words would indeed be permissible.

He also pointed out other exceptions, like true threats of illegal conduct or incitement intended to and likely to produce imminent illegal conduct i.e., illegal conduct in the next few hours or maybe days, as opposed to some illegal conduct some time in the future. But the fighting words exception is key here because of how Dean later responded.

Howard Deana former presidential candidate, and long-time power player in Vermont politicstried to prove that hate speech isnt protected, but instead cited a Supreme Court case that absolutely has nothing to do with hate speech.

1942s Chaplinsky v. New Hampshire turned on fighting words. In a unanimousruling, justices upheld the conviction, under state law, of a man who used abusive language to provoke the listener to an act of violence.

From the holding:

2. The Court notices judicially that the appellations damned racketeer and damned Fascist are epithets likely to provoke the average person to retaliation, and thereby cause a breach of the peace.

Now this is where I may lose some of you. What about racial slurs? Yes, if someone hurls a bunch of insults in such a way as to provoke a fistfight, then its outside of the First Amendments protection.But it wouldnt be unprotectedbecause its a slur. Its unprotectedbecause it, specifically, would cause violence soon, if not here and now. Volokhs explanation must be repeated here: Fighting words are face-to-face personal insults addressed to a specific person, of the sort that are likely to start an immediate fight. It has nothing to do with the speech being bigoted. Its all to do with the immediate incitement to violence.

Volokh wrote a rebuttal essayto Deans second tweet on Saturday morning. One line sums it up.

So Chaplinsky doesnt hold that Hate speech is not protected by the first amendment.

And even after all that, heres the governors most recent tweet on the matter.

Its unclear if Deanhas read Volokhs rebuttal.

[Screengrab via MSNBC]

This is an opinion piece. The views expressed in this article are those of just the author.

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Howard Dean Doesn't Get That First Amendment Protects Ann Coulter's 'Hate Speech' - LawNewz