Christopher Hitchens on Free Speech: To whom are you going to award the job of being the censor?

Excerpted from University of Toronto debate “Freedom of Speech includes the Freedom to Hate” held November 2006.

“To whom do you award the right to decide which speech is harmful or who is the harmful speaker? Or determine in advance what are the harmful consequences going to be, that we know enough about in advance to prevent? To whom would you give this job? To whom are you going to award the job of being the censor?”

Jayda Fransen, Britain First Leader Retweeted by Trump, Faces Charges in Belfast

Evidence is NOT the test when reporting a hate incident. The perception of the victim or any other person is the defining factor in determining whether an incident is a hate incident, or in recognising the hostility element of a hate crime.–Police Service of Northern Ireland

From Belfast Telegraph Digital, December 14 2017

During Fransen’s appearance in the dock it was confirmed that she is to contest the charges against her.

The 31-year-old faces two counts of behaviour intending or likely to stir up hatred or fear by using words which were “threatening, abusive or insulting”.

The allegations relate to a speech made at a ‘Northern Ireland Against Terrorism’ rally at City Hall on August 6.

Police Service of Northern Island laws differ vastly from free speech laws in the United States (See US Supreme Court opinions and decisions on Hate Speech below):

WHAT IS HATE CRIME?

A hate and signal crime or incident will be recorded where it is perceived that the perpetrator’s hostility or prejudice against any person or property is on the grounds of the victim’s ethnicity, sexual orientation, gender identity, religion, political opinion or disability.

The impact of hate and signal crime can be long lasting and far reaching, going beyond the victim’s own experience and increasing fear in the wider community.

Our key priority is to ensure that the needs of all victims are a priority throughout the investigation process.

Hate crimes can take many forms, including:

  • Verbal abuse/intimidation and harassment
  • Physical assault which can include; punching, slapping, hair pulling, biting, burning hitting, choking or kicking
  • Criminal damage to property

Evidence is NOT the test when reporting a hate incident. The perception of the victim or any other person is the defining factor in determining whether an incident is a hate incident, or in recognising the hostility element of a hate crime.

It would not be appropriate to record a crime or incident as a hate crime or hate incident if it was based on the perception of a person or group who had no knowledge of the victim, crime or the area, and who may be responding to media or internet stories or who are reporting for a political or similar motive.

Free Speech INCLUDES Hate Speech and We Are Free to Hate It

 

Free Speech and College Campuses examined in survey by FIRE

PHILADELPHIA, Oct. 11, 2017 — A new report from the Foundation for Individual Rights in Education finds a majority of students on college campuses self-censor in class, support disinviting some guest speakers with whom they disagree, and don’t know that hate speech is protected by the First Amendment. The study also finds that Republican and Democratic students have different opinions on campus protests, disinvitations, and hate speech protections.
In the most comprehensive survey on students’ attitudes about free speech to date, FIRE measured student responses to questions about self expression, reactions to expression of other students, guest speakers, and hate speech. Some key findings include:
  • 46 percent of students recognize that hate speech is protected by the First Amendment, and 48 percent of students think the First Amendment should not protect hate speech.
  • Most students (56 percent) support disinviting some guest speakers. Democratic students are 19 percentage points more likely than their Republican peers to agree that there are times a speaker should be disinvited.
  • 58 percent of college students think it’s important to be part of a campus community where they are not exposed to intolerant or offensive ideas.
  • Very few students report that they would participate in actions that would prevent a guest speaker event from taking place (2 percent). Even fewer said they would use violence to disrupt an event (1 percent).
  • In open-ended questions, almost half of students (45 percent) identify speech with a racist component as hate speech, and 13 percent of students associate hate speech with violence.
  • In class, 30 percent of students have self-censored because they thought their words would be offensive to others. A majority of students (54 percent) report self-censoring in the classroom at some point since the beginning of college.

FIRE’s survey also found ideological differences in how students feel about free expression, both inside and outside the classroom. Very liberal students are 14 percentage points more likely than their very conservative peers to feel comfortable expressing their opinions in the classroom. Additionally, 60 percent of Republican students think they should not have to walk past a protest on campus, while only 28 percent of Democratic students think the same.

“There is clearly a partisan divide in how students perceive free speech on college campuses,” said FIRE Executive Director Robert Shibley. “This further solidifies the importance of FIRE’s mission. Free expression is too important to become a partisan issue in higher education.”

Additionally, FIRE’s survey found that a majority of students want their schools to invite a variety of guest speakers to campus (93 percent), and 64 percent report changing an attitude or opinion after listening to a guest speaker.

FIRE contracted with YouGov (California), a nonpartisan polling and research firm, to survey 1,250 American undergraduate students between May 25 and June 8. YouGov calculated weights for each response based on the respondent’s gender, race, and age. A copy of the full report, an FAQ, and the toplines and tabulations from YouGov can be accessed here.

The survey project was made possible by a grant from the John Templeton Foundation to conduct polling on campus attitudes, engage in legal and social science research, and mobilize a wider audience on and off campus in the fight for student and faculty rights.

The Foundation for Individual Rights in Education (FIRE) is a nonpartisan, nonprofit organization dedicated to defending liberty, freedom of speech, due process, academic freedom, legal equality, and freedom of conscience on America’s college campuses.