Category | Op Ed

Offensive speech is legal?

Published on October 20, 2009 by Tony Sarrecchia

We wouldn’t have it any other way
Last week, everyone’s favorite bile-filled preacher visited KSU. The Reverend Baxter and his traveling band of Brimstone tub-thumpers witnessed to the campus in their antagonizing, homophobic, “confrontational evangelical” style.   I’m not sure if their abrasive mannerisms wins many converts, but it certainly gets the e-mail churning.

With the good Reverend’s arrival, calls and e-mails to The Sentinel and to the media advisor began.  Some of these emails were well articulated and thought out, others run along the lines of “how can you let such a hate-filled man on campus to spread his hateful hating message of hatred.” Some of the e-mails were in all caps, so we know they must be serious.

As a public university, the law obligates KSU to provide a place for all opinions, both popular and unpopular. The only limits KSU can put on a speaker is that of  “time, place and manner restrictions on the exercise of free speech, as long as the restrictions are reasonable, apply to everyone, and do not discriminate according to viewpoint.” In other words, any group can request a permit and come on campus to spread their message and KSU cannot limit the speakers based on the content of their message.

Before someone asks: yes, if the Klan wants to come on campus and their speech has not been deemed hate speech by the courts, KSU must give them access to the free speech zone. Ditto the Aryans, militant gay groups, black or white separatists, Kanye West or any other exasperating speaker or group you can think of.  The First Amendment is a guarantee of free speech, not a guarantee you will not be offended.

Some of the Facebook conversation revolved around the students’ right to free speech. Free speech is not a zero sum game: Just because the reverend has his, doesn’t mean you lose yours.   As a KSU student, you can set up next to the speaker and have a counter demonstration-no permits required (though I’m sure the Student Life department would appreciate a heads up).

You cannot, however, enter into the free speech zone of the guest speaker and go nose to nose with him or her.  Across the sidewalk is fine, but  getting in their face will result in you being removed from the campus.

In the past, disc jockeys from OWL Radio have bantered back and forth with the reverend and his acolytes, but the disc jockeys did it from outside the free speech zone.  Last year CJ the DJ interviewed the preacher (who, apparently, was not a fan South Park) for an on-air bit.  If this was a particularly useful intellectual exercise, I will leave you to decide, but, because proper decorum and personal space was respected, no one was asked to leave. I’ve seen protestors stand right up against the line and no one denied them their right.

Of course, by arguing with the Reverend, you feed his ego (by acknowledging his presence) and you give him a foil against which he can further his argument.   Arguing with him changes the dynamic from a lone fanatic yelling at the campus green to an episode between a student and an extremist: other people stop and listen, and the reverend has a larger audience to offend.

One of the harshest rebukes you can give a speaker is silence.   If you must respond to the ramblings of a radical, do it though the pages of The Sentinel or the phone lines at OWL Radio. If you do not feed the zealot directly eventually they will look for food elsewhere.

The Sentinel editorial team fully supports free speech on campus,  regardless of how odious or offensive we find the speakers’ message.  We support the extreme and we support the mildly disagreeable.  We also encourage you to take part in the process via the methods above or through discussions with friends and family.

The Sentinel encourages free speech that makes you think, makes you angry or offends the listener.  We would rather be offended than have our right to free speech limited because it may offend.  And we think you should too.