Ayaan Hirsi Ali is a very controversial figure: some revere her for her advocacy for women, some revile her for her extremely blunt and broad condemnations of Islam. Earlier this year Brandeis University joined the disinvitation craze and rescinded her honorary degree and speaking engagement.
Now she's been invited to speak at Yale. Predictably, some student groups are outraged. 35 student groups have signed a letter by the Muslim Students Association condemning Ali and asking that another speaker be brought in to provide balance (not unreasonable) and that Ali's speech be limited to her personal experience and professional expertise (completely unreasonable).
Yale is not a public entity and is not bound by the First Amendment. It's only bound by American values and by its stated commitment to free speech. But the Muslim Students Association doesn't think this is free speech:
[MSA Board Member Abrar Omeish '17] said that the group and their Islamic values uphold freedom of speech.
“The difference here is that it’s hate speech, [which] under the law would be classified as libel or slander and is not protected by the First Amendment. That’s what we’re trying to condemn here.”
The Yale Daily News lets that pass without comment.
But Abrar Omeish is wrong. Very wrong. First, there is no general exception to the First Amendment for anything called "hate speech." Such speech is clearly protected unless it amounts to a serious call for imminent violence. Second, you can't libel or slander a "race" in America. Under the group libel doctrine, the First Amendment protects statements that do not identify a specific person or persons. Moreover, hyperbole and statements of opinion (at least ones that do not include false facts about a specific person) are protected by the First Amendment.
Abrar Omeish's legal statement is incorrect. It's clearly incorrect to anyone with a passing knowledge of the subject. Its wrongness can be easily determined, as surely as if someone had told the Yale Daily News "women won't be a factor in this election because they don't have the vote." Oddly, though, the Yale Daily News lets the legal assertion go unchallenged. How difficult would it have been to get a quote from a professor at Yale Law? Since they don't do real grades there they probably have plenty of spare time.
In a way, this reminds me of the feckless "balance" of modern journalists who want to invite an Apollo 11 conspiracy theorist for every moon landing story they do. I have no problem with the Yale Daily News quoting someone in their incorrect understanding of the law. But when journalists don't take even minimal steps to find out what the law actually is, they are promoting civic ignorance.
Via Peter Bonilla.
Last 5 posts by Ken White
- Free Speech Triumphant Or Free Speech In Retreat? - June 21st, 2017
- The Power To Generate Crimes Rather Than Merely Investigate Them - June 19th, 2017
- Free Speech, The Goose, And The Gander - June 17th, 2017
- Free Speech Tropes In The LA Times - June 8th, 2017
- I write letters - June 1st, 2017