1.6 "Free Speech Week"

1. Why do conservatives want to hold this event at Cal-Berkeley?

            Maybe the organizers really want to gather an audience that will listen to what the speakers have to say. Mostly, though, they want to lay down a marker at what they regard as a center of intolerance for conservative views. And they probably expect some disruptions that will, they hope, discredit their opponents.  

2. What is the initial position a public university should take when they get a request to host a speaker?

            Yes they can speak, but the school has to work out the logistics of the event first.

3. What are "content neutral" rules?

            Content neutral means that the officials telling the organizers to move or reschedule their event are not basing their decision on what the demonstrators are going to say. It is simply based on logistics. Content neutrality means that the city can't make its regulation of the demonstration dependent on distinguishing between people who support the speaker and those who oppose him. 

4. In what ways might there be conflict between school officials and the group requesting to speak over the site of the event?

            Large universities and cities with lots of experience probably have content-neutral rules in place about when and where demonstrations can occur. Other places might not, but will say that they’ve come up with rules on the spot that are good enough. Of course, were he denied permission to demonstrate where and when he wants, Spencer might be suspicious about the officials’ claim that they would say no to the Democratic Party too. The second thing about the officials’ response is that if they say no regarding a proposed time and venue, they have to offer a reasonable alternative. Of course the demonstrators will think that the alternative isn’t quite as good. Avoiding violence has become an important concern for universities and cities.

5. What financial issues might the speaking group have to be responsible for?

In principle, the First Amendment allows the university to charge the organizers for additional security such as police overtime pay if they can afford to.

6. What happens if the group cannot pay this additional cost?

            If the organizers can’t pay the additional costs, most students of the First Amendment think that the city or the university has to eat the costs.

7. What restrictions are legal concerning what the speaker can actually say?

            If the speaker shouts to his supporters, “Beat that motherfucker up!” the police can move in and arrest him. He’s “inciting imminent lawless action,” as the First Amendment rule puts it. But if the speaker says only, “Beat up every black man you see after you leave this demonstration,” the police can’t do anything to him. There’s a threat of violence, but it’s not imminent. Someone who’s inclined to go along might change his mind before he runs across a black man. And if someone does beat up a black man, the government should punish the actual assailant, not the speaker.

8. What can the crowd do to limit the speakers?

The opponents aren’t the government, so even if they prevent the speaker from getting his message across, that’s just too bad — or it’s speech countering speech. The First Amendment, though, doesn’t say anything either way about heckling.

9. Under what circumstances can the police shut down the entire event?

            If it turns out that the police are overwhelmed by the violence, they can shut down the demonstration. If the speaker resists, the police can arrest the speaker as well as violent demonstrators and counterdemonstrators.