It was 100 years ago that the U.S. Supreme Court decided its first free speech case. It was an inauspicious start to a century of free speech decisions, and the result would be unthinkable today. On March 3, 1919, the court handed down its decision in Schenk v. United States. In an opinion by the … Continue reading »
free speech
Punishing school students for online speech
On November 29, a San Francisco federal judge untangled a really messy “school speech” case and ruled that students who posted or praised racist Instagram comments were not protected by the First Amendment. Judge James Donato decided that although the online posts, including “likes,” were “speech” under the First Amendment, the out-of-school posts were subject … Continue reading »
Some basic truths and ways to think about ‘free speech’
To make sense of this year’s battles over free speech in Berkeley, Charlottesville and elsewhere, it helps to keep in mind four basic First Amendment truths. First: The First Amendment means what the Supreme Court says it means. To be precise, it means what at least five justices on the current court say it means. … Continue reading »
What is hate speech?
I have been asked what hate speech is. It is not exactly hard to detect. Hate speech defames, belittles, or dehumanizes a class of people on the basis of certain inherent properties — typically race, ethnicity, gender or religion. Hate speech attributes to that class of people certain highly negative qualities taken to be inherent … Continue reading »
A time to reflect and move forward together
The past several weeks have been trying ones for Berkeley. In demonstrating our firm commitment to the free speech protections of the First Amendment, this week we have seen speakers come to campus who brought with them ideas that run counter to our Principles of Community and to our belief in the fundamental value of every individual … Continue reading »
On speech and belonging
Today and in the upcoming weeks there are those scheduled to make appearances on our campus who are not coming here for dialogue. These speakers are not using their right to speak merely to communicate, they are using speech carefully crafted to harm, to demonize, to disparage, to create a sense of fear about anyone they deem Other. … Continue reading »
Climate-change gag rules and the First Amendment
There have been recent reports about state agencies that forbid employees from discussing climate change. Since this is obviously a restriction on speech, it’s natural to wonder what the First Amendment has to say on the subject. The answer depends in large part on the kind of employee speech at issue. Let’s being with a ban … Continue reading »
Are we Charlie?
Upon arrival last week at Berkeley (I am a visiting scholar on a sabbatical leave) I was baffled by the silent campus. While the world was awash with “I am Charlie” protests in defense of free speech and condemnation of violence, the university that gained its fame as the cradle of the Free Speech movement … Continue reading »
The Free Speech Movement’s passionate readers
“Passionate readers” is not the tag line today for the people swept up in the Free Speech Movement, but it fits just as well as other efforts to sum them up. Thanks to the archives that the Library has built, serious students of the FSM know this. Margot Adler, a familiar voice on National Public Radio … Continue reading »
1964 to the present — a personal perspective
During the historic Free Speech Movement period at Berkeley, beginning in the autumn of 1964, I was a graduate student in physics at Yale University. There was no doubt that Berkeley students were playing a leadership role for us all across the country. At Yale, the focus was primarily on civil rights. Racism and its destructive … Continue reading »
Remembering Bob (‘Mario’) Savio
In the fall of 1963, Bob (“Mario”) Savio enrolled at the University of California at Berkeley. There, he quickly rose to national prominence as leader of the Free Speech Movement, which became a major catalyst for the anti-Vietnam War movement and years later for the South African anti-apartheid divestment movement. How did Savio, a brilliant … Continue reading »
Money talks and reason walks
A major case under consideration this term by the Supreme Court is McCutcheon v. Federal Election Commission, which, if the appellants are successful, will do for wealthy individuals what Citizens United v. Federal Elections Commission (2010) did for corporations (yes, and labor unions, if any): allow them to give essentially unlimited amounts of money to … Continue reading »
Reconstructing memory
The Berkeley campus has an eatery with an interesting name and story: “The Free Speech Movement Café.” At the 2000 dedication of the café, then-Chancellor Robert Behrdahl lauded the tumultuous student movement of 1964 for having brought adult rights to college students, including the right of free expression, and for having broadened civil debate. Back … Continue reading »
Occupy Cal and the Free Speech Movement
As someone who participated in the Free Speech Movement as a student and who is now a member of the Berkeley faculty, I want to caution against the widespread impression (left, e.g., by the New York Times on November 20) that Occupy Cal is an extension of the substance, as opposed merely to the spirit … Continue reading »