Deck 12: Free Speech and Hate Speech

Question 1

Which of the following is not a kind of speech considered punishable by the U.S. Supreme Court?

A) True threats
B) Speech considered to be offensive
C) Harassment
D) Fighting words

Answer 1

B

Question 2

The First Amendment was devised as a shield against what kind of restraints on our basic rights?

A) Government
B) Personal
C) Private
D) Institutional

Answer 2

A

Question 3

State colleges and universities are _______ the government and thus bound by the First Amendment.

A) independent of
B) not funded by
C) unconcerned with
D) legal extensions of

Answer 3

D

Question 4

Free speech is widely regarded as a(n) _______, whatever its legal or political status.

A) absolute right
B) privilege
C) moral right
D) personal freedom

Question 5

Forms of speech that can be censored or punished are referred to as

A) offensive.
B) constitutionally unprotected.
C) disturbing.
D) nonconformist.

Question 6

Scholars point out that hate speech can harm its intended victims both _______ and physiologically.

A) financially
B) accidentally
C) unconsciously
D) psychologically

Question 7

The view that the right of free speech must be preserved above all else and that any perceived harms, offense, or emotional distress caused by protected speech are irrelevant is called

A) constitutionalism.
B) free speech absolutism.
C) racism.
D) liberalism.

Question 8

For Mill, _______ is the only justified reason to limit the freedom of any member in a democratic community.

A) harm to self
B) offending others
C) immoral behavior
D) harm to others

Question 9

In the context of the free speech debate, "trolls" are speakers who intend to

A) inform.
B) be provocative.
C) generate dialogue.
D) mediate disputes.

Question 10

A 2016 letter to first years from the University of Chicago declared that safe spaces and trigger warnings

A) would not be provided.
B) were necessary for campus safety.
C) would be provided.
D) violated free speech protections.

Question 11

According to Ben-Porath, curtailing free speech based on content or the presumed motivation of the speaker raises the risk of

A) upsetting free speech advocates.
B) breaking anti-censorship laws.
C) creating some version of thought police.
D) conflict among campus groups.

Question 12

According to Ben-Porath, curtailing speech to prevent controversy is

A) unjustified and ineffective.
B) desirable and necessary.
C) lawful and effective.
D) considerate and respectful.

Question 13

According to Stengel, what does hate speech diminish?

A) Tolerance
B) Conflict
C) Discrimination
D) Acts of violence

Question 14

The First Amendment was adopted to

A) punish certain types of speech.
B) outlaw false speech.
C) give the government power over public speech.
D) limit federal power.

Question 15

Between 1989 and 1995, every court that examined a speech code found the code to be

A) unconstitutional.
B) aligned with the First Amendment.
C) helpful in curtailing offensive speech.
D) ineffective.

Question 16

The _______ says that private schools cannot punish speech that would be deemed protected in a public institution.

A) First Amendment
B) University of Michigan speech code
C) US Supreme Court
D) Leonard Law

Question 17

Often, speech codes adopted on college campuses to punish people who express offensive ideas have

A) created more inclusive college environments.
B) been helpful in that they are specific and easily enforceable.
C) resulted in people being punished for their political viewpoints.
D) been upheld when challenged in court.

Question 18

According to Chemerinsky and Gillman, because campus speech codes have an intentionally broad sweep, they _______ the expression of ideas that might be seen as demeaning or insulting.

A) encourage
B) allow for
C) prohibit
D) ignore

Question 19

Chemerinsky and Gillman point out that there is _______ that the presence of hate speech laws results in more tolerant attitudes.

A) overwhelming evidence
B) no evidence
C) some evidence
D) good reason to believe

Question 20

Chemerinsky and Gillman believe that censorship of words leads inevitably to

A) censorship of ideas.
B) fewer instances of hate crimes.
C) less tolerance.
D) a more inclusive campus environment.

Question 21

The right of free speech is absolute, having no limitations.

Question 22

The First Amendment was devised as a shield against private restraints on our basic rights.

Question 23

A private company is free to fire employees who espouse views at work that the company doesn't like.

Question 24

Over the last half century, the Supreme Court has affirmed again and again that speech may not be censored or punished just because it is disfavored, disturbing, or feared.

Question 25

The "emergency test" says fearful speech can only be punished when it poses a danger of directly causing certain specific, imminent, serious harms.

Question 26

Hate speech has a precise legal definition.

Question 27

Ben-Porath claims that inclusion and free speech cannot coincide.

Question 28

According to Ben-Porath, views and opinions expressed as part of an open, democratic exchange should be permissible.

Question 29

Ben-Porath supports calls on college campuses to give "no platform" to speakers who may be seen by some as offensive.

Question 30

According to Ben-Porath, equity and inclusion cannot coincide with open-minded inquiry and free speech at higher education institutions.

Question 31

Stengel claims that the First Amendment should not protect hateful speech that can cause violence by one group against another.

Question 32

Friedersdorf claims that if the U.S. outlaws speech that causes violence, more violence could potentially result.

Question 33

The speech code passed by the University of Michigan in 1988 resulted in complaints being filed against people who expressed objectionable views.

Question 34

The policy adopted by the University of Michigan was upheld by a federal judge.

Question 35

Much speech that people find demeaning is protected by the First Amendment.

Question 36

Hate speech codes have been invalidated at public universities but not private universities.

Question 37

Chemerinsky and Gillman believe there are good reasons why private colleges and universities should adopt speech codes.

Question 38

According to Chemerinsky and Gillman, there are many examples of codes that are both sufficiently specific and that apply only to unprotected speech.

Question 39

According to Chemerinsky and Gillman, the level of disagreement over what constitutes hate speech cannot be a problem for a clearly defined speech code.

Question 40

Chemerinsky and Gillman argue that speech codes are often used to punish people who were not their intended targets.

Question 41

What are the three positions that have dominated campus controversies involving free speech?

Question 42

What kind of speech is protected under the Constitution? What kind is not?

Question 43

How does Ben-Porath defend her claim that free speech is necessary on college campuses? Do you agree with her? Explain.

Question 44

How is the idea of harm central to the debate over free speech on college campuses?

Question 45

According to Ben-Porath, what causes the presumed tension between free speech and protection from harm? How can we alleviate this misguided interpretation?

Question 46

What does Ben-Porath say colleges should focus on rather than regulating speech? Do you agree with her? Explain.

Question 47

Between Stengel and Friedersdorf, whose argument do you find to be more convincing? Your response should include specific examples.

Question 48

Stengel says "On the Internet, truth is not optimized. On the Web, it's not enough to battle falsehood with truth; the truth doesn't always win." What do you think he means by this? Do you agree with him?

Question 49

In response to Stengel's claim that we need hate speech laws, Friedersdorf says "laws against speech that insults people based on religion, race, ethnicity, and sexual orientation would have punished essayists like Christopher Hitchens, comedians like Eddie Murphy, hip-hop artists, feminist radicals like Andrea Dworkin, and radical gay activists who dislike 'breeders.'" Do you think this is a fair response? Do you think Stengel would support punishing the people mentioned by Friedersdorf? Explain.

Question 50

According to Ben-Porath, how does harm figure into debates over free speech on campus? Is this a legitimate concern, in her view?

Question 51

What facts and examples do Chemerinsky and Gillman include to support their argument? Are these convincing? Explain.

Question 52

Given the events on campus that prompted the University of Michigan to adopt a speech code in 1987, do you think it made the best decision? How else could those events have been dealt with?

Question 53

Compare the speech code policy adopted by the University of Michigan in 1987 and the guide, called What Students Should Know about Discrimination and Discriminatory Harassment by Students in the University Environment, that was created the following year. What problems with these do Chemerinsky and Gillman discuss? Do you agree with their criticism? Explain.

Question 54

What are the strongest reasons given by Chemerinsky and Gillman in their argument? Which are the least convincing?

Question 55

What two arguments do Chemerinsky and Gillman make against enacting speech codes? Can you provide counterarguments to their points?

Question 56

Chemerinsky and Gillman point out that hate speech codes around the world have been politicized. What examples do they give? How convincing are these examples? Explain.

Question 57

What are the two essential values that clash in disputes over protecting hate speech? Which of these values is most important to you? Explain.

Question 58

What is your college's policy regarding free speech on campus? Do you agree with the policy? Explain.

Question 59

Have you witnessed speech on your campus that you think should not be protected? Explain.

Question 60

Did any of the readings in this chapter change your mind about protecting hate speech? Explain, citing what caused you to rethink your position.