We all know and appreciate how free speech is the American way. Constitutionally promised and historically revered, our speech is legally protected. But we also stand firmly that there's no legal protection for libel, harassment, threats or vandalism. Free speech doesn't mean you can yell "Fire!" in a crowded theater. And we are proud that no one in our country is above this law. But what happens if someone does yell fire, insists it's his right to free speech, and takes folks to court to demand his rights and maybe financial compensation for his inconvenience if he's charged with disorderly conduct or something else if protests and riots ensue? That's where we are today.
In California, a federal judge recently dismissed charges against members of a white supremacist gang indicted for their roles in violent rallies, saying the federal statute used to prosecute them inhibited free speech, especially given that riots didn't materialize. Yet, according to federal prosecutors, "The defendants used the Internet to coordinate combat training in preparation for the events, to arrange travel to the events, to coordinate attendance at the events, and to celebrate their acts of violence in order to recruit members for future events." Online celebrations of the dismissal of the suit included "Sieg Heil!"
In Tennessee, the free speech issue is hotly contested with the debate often taking place on public land. Last month, a group of white nationalists, supremacists, KKK members, and European far right populists gathered for the annual American Renaissance Conference at the Montgomery Bell State Park. The event wasn't without protests and a fight broke out. Was this free speech or yelling fire?
Tennessee law says you can't discriminate when it comes to speech, so when white nationalist Rick Tyler paid $661 to rent space at the University of Tennessee at Knoxville, there was no legal way to deny him. But only nine people showed up, and Tyler kicked several of them out when they turned out to be protesters. Despite the relative calm protests, riots were anticipated and the security team involved officers from the Knox County Sheriff's Office, Knoxville Police Department, UT Police and Tennessee Highway Patrol. Maybe the fire department should have been there, too.
Some conservative pundits decry any lack of access for these speakers as unfair and the protests as examples of academic brainwashing. Blaming the protests is becoming a common theme. The Renaissance Conference organizers claimed they needed protection against the protesters and used the term "anarcho-tyranny."
State laws prevented the university from discriminating against groups based on their views so security helps protect protesters. But they deserve more. The protesters deserve our respect. The United Campus Workers in Knoxville got it right when they said, "We do not expect these hate groups to just give up their goals of recruitment and intimidation on our Tennessee campuses" but also called on campus administrators to "strongly condemn the efforts of white supremacists to create hostile environments for members of our campus communities."
Why do we permit these events to take place on public land, whether our parks or our universities? Are our state elected officials convinced that limiting access would infringe on their free speech? For those officials who are buying that argument, maybe it's time to make the counter argument at the ballot box. These groups are spreading hate and yelling fire in a crowded theater full of us taxpayers. That's illegal, and they should not be above the law, or celebrating, as we choke on the smoke from the flames they've lit.
Contact Deborah Levine, an author, trainer/coach and editor of the American Diversity Report, at deborah@diversityreport.com.