The Extent of the First Amendment
 |
| "Congress shall make no law...abridging the freedom of speech, or of the press..." |
The main thing to take into account would be who the censorship is banned from. Really the purpose of the first amendment is to make sure the government isn't censoring people's speech. However, for private organizations, the rules don't apply in the same way. For example, if you work for a private organization they have every right to fire you for something you say. "It's the company's right to discipline their employees' speech," Lata Nott, a first amendment expert says. Of course, there are still ways that it could be wrong, the employer could be in violation of the Civil Rights Act but that is a separate issue. In an IRL example last year Google reportedly fired a male engineer who apparently argued that women are not biologically fit for tech roles. It couldn't be considered a First Amendment issue, however, because the government was not involved.
 |
| Some of the student protestors at UC Berkeley against Coulter |
Another example is the censorship of students at universities. If it's a private university, it can't be considered a First Amendment issue. If it's a public university, it's a little different. If a speaker is invited to speak at a campus, their First Amendment rights have to be respected. It doesn't mean that there can be no regulations at all, things like the time, place, venue and suggestions for subject matter could still be controlled. You just can't do anything in a way that discriminates against a certain point of view. If students begin protesting against the speaker and it has an impact on moving or cancelling a speaker, that presents a different free speech challenge. "If a speaker were to take legal action for being blocked from speaking, they can't do it against the students. You can't take constitutional action against a group of private citizens," Nott adds. That kind of complaint would have to go against the school, not the students. As an IRL example, two conservative organizations filed a federal lawsuit after a speaking event at UC Berkeley featuring Ann Coulter, a conservative social and political commentator, was rescheduled following violent protests and threats. The groups argued the change of venue and time was "repressive" and marginalized conservative views. Berkeley said however that they acted out of concern for safety. If Coulter was moved because her life was under threat that would be constitutional. However, if she was moved just to shove her to the side then it becomes unconstitutional.
Sources:
Comments
Post a Comment