Rule of Law in Disruptive Speech
The expression and regulation of hate speech in educational institutes, work environments and public places remains a substantial topic of legal, ethical, and political discussion even after thirty years of scholarly and public debates being started on the subject (Shiell, 2014). It is the right of all the individuals to speak their minds, even when their opinions are offensive or shocking to others – on a condition that they do not incite violence or hatred. Free speech, not being disruptive, is also supported by a diverse and independent media, allowing citizens to make keep their voices raised about the matter of importance to them (Jagland, 2018).
Rule of law applied to both the educational institutes as well as on the media without hurting their right of free speech and does not regarded their protests and other ways of communicating as disruptive speech unless it harms somebody by any mean. Due to the development of new technologies, we have been introduced to countless innovative terms in our communication, both positive and negative, that sometimes converted normal speech into the disruptive one. Globalised communications shaped the changes to the way some words and phrases are utilized and understood. In the environment of greater sensitivity today, ability to determine the context and intent during a conversation is at the risk. Words and expressions are increasingly considered offensive without being examine the reasons for their use (Gore, 2016).
An empowering legal and regulatory environment is indispensable for assuring freedom of expression and, in particular, media freedom. Independence of media is undermined by the subjective shutdown of media organisations, attempted financial manipulation by government and commercial entities, that put pressure on media to not exercise their right of freedom of speech easily. Laws on defamation, hate speech and other areas, which restrict free speech rights, must be drafted with great care as they impact the fundamental principle of free flow of information and ideas (Jagland, 2018).
The U.S. Supreme Court ruled in the breakthrough case of Tinker v. Des Moines about free speech rights that public schools shouldn’t prohibit students from expressing their opinions unless it would create a “considerable disruption” at school or violate other students’ rights (Gjelten, 2015). But students, school administrators, and lower courts often do not reach to a conclusion about what qualifies as a considerable disruption and how administrators can predict the result of a speech or activity in advance. This issue is even more complicated now deciding what to grade as disruptive speech and what not.
The case of Tinker is a great example of considering the use of free speech right as disruptive speech when John and Mary Beth Tinker and Christopher Eckhardt – in Des Moines, Iowa, were suspended from school due to wearing black armbands to express their disapproval of the Vietnam War in December of 1965. Though the armbands articulated a genuine viewpoint on an important political issue, the students sent home for violating the school policy and restricted from coming back until they agreed to remove their armbands. Rather than accepting their punishment quietly, students challenged their suspensions on constitutional grounds. As per the predictions of many commentators, both the federal district court (Tinker 1966) and the United States Court of Appeals for the Eight Circuit (Tinker 1967) ruled in favour of school officials. However, the United States Supreme Court reversed the lower courts and ruled in favour of the students in Tinker v. Des Moines Independent Community School District (1969) that marked as a decision that recognized the student’s First Amendment rights (D’Angelo & Zirkel, 2008).
In another example of disruptive speech and rule of law, a UNC-Chapel Hill protest shattered the glass of a school building, in 2009, in order to interrupt and stop a speech from a former U.S. Rep Tom Tancredo, who opposes illegal immigration. In a wild quarrel with police, protesters screamed and used foul language, chanted over Tancredo, and blocked him from viewing with a large banner held across the stage. Police cleared the crowd using pepper spray and taser threats. This was considered as the breaking of law and could not be granted the status of free speech due to the violence it spread and damage it done to the campus (Travis, 2017).
Rule of Law in Disruptive Speech