The American response to hateful words is traditionally more words. Is there a better way?

The American response to hateful words is traditionally more words. Is there a better way?

This spring saw a sometimes-troubling dialogue about campus speech erupt. Some of that dialogue was spurred by videotape catching the racist chants of members of the Sigma Alpha Epsilon Fraternity at the University of Oklahoma.

Arizona Republic columnist E.J. Montini wrote about the incident, and some of the reactions he’s gotten.

In it, Montini says he supports the school’s expulsion of students who perform that way. But he got pushback from an ASU student who said all speech should be permitted—even the offensive speech.

First Amendment challenges have never been more challenging.

I’ve written before about the difficulties a free society faces where speech is concerned. And the newest skirmishes remind me of a book I’ve touted in the past: The Harm in Hate Speech, by Jeremy Waldron.

In these United States, we have been taught to believe that (pretty much) all speech should be unregulated. But Waldron points out that the American view is not the only possible course.

Maybe the American view is correct. Maybe the only antidote to horrific speech is simply more speech, as if the latter will shout out the former.

But other nations—even many who have a rule of law we respect—take a decidedly different tack. Their approaches are founded on a belief that the public utterance of hateful speech can cause harm, even if it is not paired with criminal behaviors.

Harm in Hate Speech book cover Jeremy WaldronThose nations could be wrong, and “speech codes” find little support in the United States. But I wonder what would happen if the next time an incident of hate speech makes the national headlines, those in the majority culture took a rhetorical pass and remained silent for a bit. It might be enlightening to hear only from people of color on the topic of how to address hate speech.

Who knows? Their response may be the same, as we are all steeped in an American culture that insists, “I condemn your speech, but I will defend to the death your right to say it.”

But maybe not. Maybe the response will be more nuanced than simply calling for tolerance and more speech.

It is far too easy for those who are never affected by hate speech (except to find it vaguely distasteful) to insist that such utterances are a sad but necessary part of our republic. As I’ve written before, it is offensive to maintain a position that requires people in minority communities to carry the burden of daily insults so that an American sense of fair play can by upheld.

Sure, everyone’s opinion on hate speech is welcome. But I’d prefer if we gave prime position to those opinions that arise from minority communities. Does hate speech simply “come with democracy”? Or can words alone be such a debilitating harm that they should be addressed and maybe curtailed in some way?

What do you think? Write to me at arizona.attorney@azbar.org.