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Constitution Day lecture tackles hate speech and the First Amendment

There are two types of hate speech - one that is threatening and another that expresses a legitimate political viewpoint, Assistant Professor of Political Science Corey Brettschneider told an audience gathered in Wilson 102 Monday afternoon to hear the second annual lecture in a series titled "Constitutional Debates: A Lecture Series on the United States Constitution."

The Consolidated Appropriations Act of 2005, which was passed in December 2004, includes a line requiring educational institutions that receive federal funding to sponsor some sort of discussion pertaining to the Constitution on or around Sept. 17. Last year, Professor of History and Pulitzer Prize-winning author Gordon Wood kicked off the lecture series at Brown.

During his talk, titled "Beyond Rights: The Constitution's Responses to Hate Speech," Brettschneider focused on the regulation of speech and the First Amendment.

According to Brettschneider, the Constitution protects hate speech articulating a political viewpoint, even if that viewpoint is widely considered wrong or offensive. Limiting this kind of hate speech would serve to undermine democracy, he said.

To illustrate his point, Brettschneider told a personal story. While teaching an introductory government course to high school seniors, Brettschneider learned that one of his students drew a hateful and racist picture. When confronted by administrators, the student argued that his drawing was protected by the First Amendment.

Brettschneider said the incident led him to believe that he had failed as a teacher. According to Brettschneider, the Constitution is about a commitment to equality and not just a commitment to free speech.

"The student had missed this point," thereby violating the morality of the Constitution, Brettschneider said.

Brettschneider emphasized that the principles of the Constitution endure because the document is highly valued in American society.

"We have a strong Constitutional culture," he said, adding that the document would not survive without a culture that reinforces its values and ideology.

The Office of the Provost asked John Tomasi, associate professor of political science and founding director of the Political Theory Project, to sponsor this year's Constitution Day lecture.

According to Tomasi, the project is a fast-growing interdisciplinary center housed within the University's political science department.

"We encourage people to think uncomfortable thoughts about politics," Tomasi said.

Deputy Provost Vincent Tompkins said the Constitution Day Lecture "is the kind of event (the Political Theory Project is) very well-suited to organizing."

According to Tompkins, a number of possible speakers were considered in selecting who would deliver the lecture, and Tompkins and Tomasi ultimately agreed that a University professor should host the lecture series.

"It is a good opportunity to highlight their teaching and research," Tompkins said.

According to Tompkins, Constitution Day has a particular value for students. "The symbolism of focusing on this one day for the University is worthwhile," he said.

Brettschneider said he hopes his lecture will inspire students and faculty to talk about issues related to the Constitution and its contemporary relevance.

"It should be the beginning of a discussion," he said.


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