Hateful Expression
Overview
Hateful expression can be any form of expression through which speakers intend to vilify, humiliate, or incite hatred against a group or a class of persons on the basis of race, religion, skin color, sexual identity, gender identity, ethnicity, disability, or national origin (ALA). Hateful expression can include expressive activities such as flyers/posters, drawings, graffiti as well as spoken words.It is worth noting that while these expressive activities are protected under the constitution, actions that result in property damage, vandalism, etc. are a violation of Stony Brook University’s Code of Student Responsibility, and will result in conduct proceedings.
The term “hate speech” does not have a legal definition in the United States. Nevertheless, the term often refers to speech that insults or demeans a person or group of people on the basis of particular attributes such as race, religion, ethnic origin, sexual orientation, disability, or gender. While the University condemns speech of this kind, there is no “hate speech” exception to the First Amendment. “Hate speech” is constitutionally protected speech. “Hate speech” is illegal if it falls into one of the exception categories:
- Speech that would be deemed a “true threat”: Speech that a person reasonably would perceive as an immediate threat to their physical safety is not protected by the First Amendment. For example, if a group of students yelled at a student in a menacing way that would cause the student to fear a physical assault, such speech would not be protected.
- Incitement of illegal activity: There is no right to incite people to break the law, including to commit acts of violence. To constitute incitement, the Supreme Court has said that there must be a substantial likelihood of imminent illegal activity and the speech must be directed to causing imminent illegal activity. For example, a speaker on campus who exhorts the audience to engage in acts of vandalism and destruction of property is not protected by the First Amendment if there is a substantial likelihood of imminent illegal activity.
- Harassment: Harassment in an educational institution aimed at an individual on the basis of a protected characteristic (e.g., race, gender, sexual orientation, religion, etc.); that is also pervasive and severe; is a direct or implied threat to employment or education; or creates an intimidating, hostile and demeaning atmosphere, is not protected by the First Amendment. For example, posting racist messages on the residence hall room of an African American student would be regarded as harassment and not speech protected by the First Amendment.
On many occasions, the Supreme Court has explicitly held that prohibitions or punishments for hate speech violate the First Amendment. Just because there is a First Amendment right to say something, however, doesn’t mean that it should be said. The First Amendment protects the right to say hateful things, but as a campus, Stony Brook strives to be a community where no one chooses to express hate.
Case Study - University of Minnesota Twin Cities: Campus Murals
Case Study - Elgin Community College: Counter Protest of Anti_LGBTQIA+ Group
Case Study - American University - Video of Student Using N-Word in Video
Case Study - Williams College - Hateful Graffiti on Campus
The Law
As a public institution, the U.S. Constitution prohibits Stony Brook University from banning or punishing speech based on its content or viewpoint. Registered student clubs and organizations are welcome to invite speakers to campus and provide access to campus venues, in accordance with the policies outlined in the Community Guidelines for Recognized Student Organizations. The University cannot take away that right or withdraw resources based on the views of the invited speaker. The University prescribes to the principle of addressing hate speech with more speech, as long as it does not result in violence. In situations where hateful expression occurs, the University may investigate if the incident crosses the line into discrimination and harassment, as dictated by federal statutes.
Our Principles
- The right to speak on campus is not a right to speak at any time, at any place, and in any manner that a person wishes. The University can regulate where, when, and how speech occurs in order to ensure the functioning of the campus and achievement of important goals – such as protecting public safety.
- The University supports the notion of a “marketplace of ideas,” where speech that a person disagrees with is met with more speech that encourages engagement and debate. Such discourse is a core tenet of the First Amendment and is fostered by the University.
- Hateful speech that is intended to menace, intimidate or discriminate against an individual based upon a personal characteristic or membership in a group can impair equal access to the full benefits of a college education and the ability of all students to participate in campus discourse.
- It is expected that due to hateful expressions some individuals may experience offense or insult or negative feelings such as anger, resentment, frustration, or discouragement. While hate speech is protected under the U.S. Constitution and New York State Laws, Stony Brook University is committed to the wellbeing of its community members and offers many resources (including counseling services) for faculty, staff, administrators and students who have been affected physically, mentally, or emotionally by such events. Information about such resources is available at: Student Health, Wellness and Prevention Services and Employee Assistance Program.