Government can't, shouldn't outlaw 'hate'
By: JIM TRAGESER - Staff Writer | ∞
If you have kids in the Poway Unified School District, you might want to simply assume there will be less money for instruction and classroom supplies in the years to come. Litigation is expensive, you see, and when you have a school board on a collision course with the U.S. Constitution, more litigation would seem pretty unavoidable.
Not that Poway is any stranger to being sued for stomping all over the rights of students who don't think the way the board majority thinks they should. The district has spent who knows how many tens of thousands of dollars (maybe more) defending itself in an ongoing lawsuit that arose when officials punished a student for wearing a T-shirt that read "Homosexuality is shameful."
Tyler Chase Harper wore that T-shirt in response to a pro-gay rights event at Poway High School, and was told to remove the shirt. He refused, and was ultimately suspended. The conservative Alliance Defense Fund and liberal American Civil Liberties Union are both asking the courts to overturn the suspension (although Harper is now long since graduated) as a violation of Harper's free speech rights and, presumably, to keep the district from behaving similarly in the future.
And yet, despite the ongoing lawsuit, which the district stands a good chance of losing, it is now (over)reacting to a spate of swastikas and nooses recently found on the district's campuses -- crafting new policies to crack down on "hate behavior."
Which sounds reasonable, I suppose, if we can all agree on just what constitutes "hate" -- and don't mind getting rid of the First Amendment's free speech clause while we're at it.
The plain fact of the matter is that in many cases (certainly Harper's) one person's "hate speech" is another person's deeply held truth. (And defacing school property is already a crime under state vandalism laws.)
The last thing any of us should tolerate is a government that wants to tell us what we can or can't say or believe.
The entire concept of "hate" laws is built on a juvenile concept of freedom -- the idea that we can be "free" of being offended, or "free" of having our feelings hurt.
Few of us like seeing racially charged symbols like Nazi swastikas, but if displayed peaceably and not through defacing others' property, it is perfectly legal to wave a swastika -- no matter how odious most of us may find them.
What the founders of this country knew (through having lived most of their lives under a patriarchal form of government that felt no compunction about telling its subjects what they could or couldn't say) is that real freedom is loud, messy, argumentative and in fact guarantees we'll all be offended at some point in time.
And that's better than the alternative.
Once the government is allowed to ban one viewpoint, it can ban any -- or all -- of them.
The Poway Unified School District is already being sued for trying to tell a student he couldn't express his disagreement with the district-sanctioned gay rights events. Now they're talking about silencing any other students who stray from the accepted line and say things other students or staff may find offensive.
Seems a good time to be a lawyer for the Poway district, anyway -- work should be plentiful.
-- Contact columnist Jim Trageser at (760) 631-6628 or jtrageser@nctimes.com.
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concerned wrote on Dec 19, 2007 11:49 PM:agree "Once the government is allowed to ban one viewpoint, it can ban any -- or all -- of them." would like to know how strong the state vandalism laws are. "(And defacing school property is already a crime under state vandalism laws.)" something needs to be done because parents are teaching hate and intolerance on purpose. need another opinion article on what parents, community, religious leaders can do.
Nice Try Jim wrote on Dec 20, 2007 6:31 AM:But, you are missing the bigger issue in your haste to appeal to the emotions of your readers. Its not an issue of free speech or the right to hate. Its an issue of inappropriate dress in a school. Never, for any reason, should a student (or teacher, for that matter) be allowed to wear an article of clothing that in anyway could become disruptive to the learning environment. Its that simple!
Randy wrote on Dec 20, 2007 6:52 AM:I passionately hate all hate speech. Send me to jail now. With overcrowding, I'll serve only 40 minutes on a 40 day sentence!
jvc wrote on Dec 20, 2007 7:29 AM:Once again Trageser has honored us with a greatly written story!He is truly a writer of our era and writes with the upmost integrity! We should all be proud to have him on the staff of the NCT! Jim, again thank you for being such an asset for truth and American way!
Floyd wrote on Dec 20, 2007 8:25 AM:You're missing the best part of the situation! The students are tweaking the administrators of the school and getting the hoped-for knee-jerk response. Sure, the instigators are likely to be caught and punished, but the students have made their point and are probably snickering to themselves as they watch the antics of those in charge. The real question is: what can be done to improve the quality of the leadership of the school?
GV wrote on Dec 20, 2007 11:46 AM:You`ve mischaracterized this situation as a district ``trying to tell a student he couldn't express his disagreement with the district-sanctioned gay rights events.`` There is no evidence of his being denied the right to disagree with an event. He was wearing a T Shirt which harassed other students, which contravened the dress code, and then refused to change the shirt. I`m sure he would have been asked to change if, on the Day Against Racism, he had worn a shirt saying `Negroes are shameful` or on Religious Peace Day, he had worn one saying `Christianity is disgusting.`` And that`s not because he can`t think those things or express disagreement with a day itself. He increases an atmosphere of harassment by wearing a shirt with a slogan that belitles other students. And schools have the right to set dress codes. Some don`t even allow slogans and logos at all. If you want to argue in favor of free speech rights, you`d do better to suggest getting the FCC out of the business of fining broadcasters who allow words that offend their sensibilities.
Mike wrote on Dec 20, 2007 5:31 PM:Once again Trageser, the NCTimes stealth conservative writes a column that sounds like it came directly from the mouth of a radio Con man or the "Far from Balanced" cable news network.***Trageser constantly tells us he is really not a Con well writing kooky Con commentary. Just admit it Jim. You are a Con. You drink the Con Kool Aid. Once you are honest with yourself you might be less conflicted. ***As to Poway, school districts must be allowed to set up environments that promote learning. Isn�t that what the Cons want? Aren�t Cons constantly telling us how evil �government schools� are? Government schools don�t teach the children, right? Well than let them try to establish an atmosphere so that they can.**** A school campus requires a higher standard of protection from disturbance than the sidewalk and streets off campus. No, the first amendment does not apply uniformly. No one is allowed to yell fire in a theater or say bomb or hijack on an airliner.*** Behaviors that disrupt must be tempered in certain circumstances. The school campus is one such place.***Does Trageser want on campus shouting matches and fights between these disrupting students and others whose ancestors were victims of those hateful symbols and messages? In the past millions of Jews, Gypsies, and Eastern Europeans were killed by a regime who used the swastikas to motivate murderous hate. Gays were also killed in large numbers not only by Nazis but by others in the past who used first used hate slogans to marginalize gays. The next step is gulags and mass murder. What is so wrong about asking that "shameful" student to take off the tee shirt on campus or turn it inside out? The greater good is served.***Only those needing to hate someone to feel good about their petty little lives would agree with Trageser's editorial. Our WWII veterans must be rolling over in their graves...
Roberto1 wrote on Dec 20, 2007 8:23 PM:Whilst hate crime laws (thought crime) should be banned because my victimization is equal to yours no matter the reason for the crime IMHO, on the other hand....What students wear at school, say etc should be at the discretion of the local school board-administration and not at the county or state or judicial level. This can be very disruptive to education and policing society should no be the educators job. These same students can put their hate clothes back on once they leave campus but I doubt it...they might get their butt's kicked or worse once outside the the gates of wisdom.
coco wrote on Dec 21, 2007 12:37 PM:HATE CRIMES , INTOLERANCE IS A BRAINWASHING MECHANISM USED BY HITLER AND HIS HENCHEMEN. EVERY AMERICAN NEEDS TO KNOW THE CONSTITUTION. us gov in any form has a right to charge a person in a hate crime situation. Ever...Constitution, We are all to be treated equal, even by justice system. more women are killed everyday than any other group........please, hatecrime laws are another way to control the people.
Laughing at Mike wrote on Dec 22, 2007 5:25 PM:A "closet conservative"? rotflmao ... guess I missed the neocon spin on his columns opposing the tollway through the state park, blasting Escondido's efforts to limit illegal immigration and defending the ACLU. Hey Mike, it's obvious you "need to hate someone to feel good about yourself" because your hatred of conservatives shines through loud and clear, even if your aim is off.
Johnwha wrote on Jun 22, 2008 1:05 AM:The question is not so much what the kid's shirt said but why was there a rally to "promote" homosexuality on the campus? When I was in school we had pep rallies before the big game. If the schools weren't practising social engineering and would stick to the three "R's", a student would grow to know the difference between right and wrong. They don't need to be bombarded with propaganda of any kind.
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