Hate is a four-letter word, but, believe it or not,
hate-peddlers such as the Ku Klux Klan and the Nazi Party can
legally exist ““ at least in theory ““ at universities
such as UCLA. Are you surprised? You can thank the Constitution
because even statements of “hate” are constitutionally
protected.
When the KKK starting appearing at the University of Louisville
this past month, Ede Warner, a university professor, brought the
issue to court and is now attempting to ban the group under the
charge it functions as a “terrorist” organization. But,
regrettably, Warner is missing the point. The KKK is certainly
a despicable and malignant organization that represents all that is
evil and vile. But freedom of speech at a university must be
defended ““ and that includes protecting the freedoms of
individuals who benefit from the same freedoms they would love to
deny to others.
At the University of Louisville, whose student population is 77
percent white, KKK activism was established shortly after a
controversial performance by activist and hip-hop artist, Sistah
Souljah. In response, several KKK members marched into the office
of the Vice Provost for Diversity and Equal Opportunity and
demanded that they be paid $11,000 for the KKK to speak as well
““ the same paycheck given to Sistah Souljah for her
performance.
Soon afterward, the university tried to take action. First, the
school banned two members of the the KKK because they had placed
fliers in unauthorized places. Second and most recently, Warner
proclaimed the KKK a “terrorist” organization that
necessitated immediate expulsion.
Unfortunately, there’s a problem with Warner’s
accusation. At the University of Louisville, the KKK doesn’t
act as a “terrorist” group. The definition of a
terrorist group is one that exerts threatening force or violence
for the purpose of intimidation or coercion, usually with political
motives. But, in the case of the KKK presence at the university,
these descriptions simply don’t match. Instead, the group
posts signs, writes letters and delivers speeches. The KKK’s
message is utterly despicable, but so far, its only crimes are
blatant ignorance and vile personal beliefs. Because the
organization refrains from physical force or coercion, it’s
not a terrorist group. Rather, it’s a group based upon
“hate speech.”
Hate speech, like all speech, is protected under the the U.S.
Constitution. As the First Amendment reads, “Congress shall
make no law “¦ abridging the freedom of speech.” Speech
is a wide and vague term than can incite anger and similar
emotional responses. Still, free expression demands that ideas not
be prohibited due to their being repugnant or foul.
Rather, the silencing of one community represents a potential
repression of all opinions. If one group, even one as loathsome as
the KKK, is censored, there’s no guarantee that other groups
““ despite their vastly different backgrounds or
political stances ““ wouldn’t be silenced, too.
In 1978, the American Civil Liberties Union defended the
National Socialist Party in the case famously known as Collin v.
Smith. This is the case when the Supreme Court extended “free
speech” to include potentially offensive language and
symbols. At the time, the National Socialist Party planned to
organize a walk through the town of Skokie, Ill., in full Nazi
uniforms. In Skokie, one out of every six Jews was either a
Holocaust survivor or related to a survivor.
While American Nazis defended their right to free speech, the
local Jewish population worried for its safety, dignity and
possible violent reactions.
The Supreme Court ultimately decided there is no First Amendment
distinction for hate speech. In fact, hateful preaching receives
the same guarantees as any other speech. Only exceptions such as
libel, obscenity or fighting words can sway these privileges. Thus
the Nazis could have marched in Skokie, though they never actually
did.
The legacy of Collins v. Smith lives today. At UCLA, for
example, speech is only punishable if it presents a “clear
and present danger.” Moreover, UCLA does not prohibit the
existence of groups that discriminate ““ though certain groups
may not receive official school endorsements. But most importantly,
different voices ““ from religious proselytizers to
politicized pamphleteers ““ find their venue on campus.
“A university is obligated to be more liberal and more
objective than many other institutions when it comes to free
speech,” said Berky Nelson, director of Center for Student
Programming.
The KKK shows us the lowest, most base side of humanity.
What’s more, the KKK distorts free speech, the liberty
granted to all Americans, and uses this precious freedom in the
worst way possible: promoting bigotry and intolerance. Although
“hate speech” is protected by our Constitution, all of
us must stand up and declare it to be what it actually is: a
despicable pack of lies. I personally detest the KKK and feel
uncomfortable even discussing its freedom of expression. But I am
certain I don’t stand alone in expressing disgust at such an
organization while proclaiming the American right to speak up and
speak out. Once we all speak up, maybe then the voices of the KKK
and the National Socialist Party will fade into mere echoes,
inaudible amid countless others.
Fried is a first-year history student. E-mail her at
ifried@media.ucla.edu. Send general comments to
viewpoint@media.ucla.edu.