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Free speech vs. right to live without harassment

Saturday, August 23, 2008 11:32 PM PDT

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Commentary by John M. McClelland
For The Daily News

The editorial “Oregon high court restores free speech” in the Aug. 17 Daily News left me with mixed feelings. The piece lauds the Oregon Supreme Court for having struck down a state law that prohibited “abusive speech,” which included insults, racial epithets and other offensive language, as long as it is “without violence or the threat of violence.”

A man was convicted under the former law after he yelled “racist and homophobic names” at two women. But because he made no direct, physical threats, he has been absolved and the law overturned. Considering his road-rage wrath, I can’t believe he didn’t say those things in a threatening manner.

As a citizen and former journalist, I am in favor of free expression. Still, I wonder about the emotional damage to victims of this kind of behavior, and I shudder when I recall how I’ve seen it practiced in the extreme.

While in Portland, I witnessed a dozen anti-fur activists crowded in front of a fur outlet. They yelled insults at people entering and leaving the store, often directly in their faces. As an elderly and terrified woman left, a young woman followed her to the corner and screamed, “I hope you die.”

When I confronted a policewoman about these verbally violent confrontations, she said the anti-fur groups were taken to court but were told that such behavior fell under the right of free speech, even though they were disturbing the peace. Apparently, the right of a person to enter a fur store without harassment was ignored.

A Chinese immigrant I know told how she and a friend were accosted while they conversed in Chinese in a Vancouver restaurant. (Speaking a foreign language also is covered by free speech, right?) An older male customer loudly told them they should speak English or go back to where they came from. Of course, the two were hurt and embarrassed. Both were studying English.

So in Oregon, someone can stand on the sidewalk and with impunity shout the “N-word” and other epithets at nonwhites and ridicule the disabled, the disfigured, gays and other nonconforming people.

I can’t accept this, even in the name of free speech which purists believe would be threatened if such harassment isn’t protected. It’s my understanding that verbal attacks without threat of physical harm still constitute spousal abuse as well as bullying.

Offensive words hurt, are harmful and in themselves constitute a form of violence that also can provoke it.

The victims now can join the list of martyrs in the cause of free speech.

John M. McClelland is a resident of Longview.

Previous

KelsoLesbian wrote on Aug 24, 2008 9:01 AM:

" I have myself been thinking alot about this very subject lately and I think you have just helped me form a solid opinion. We can have free speach without allowing this assult on others rights. "

wrote on Aug 24, 2008 6:40 PM:

" Free speech is worthless if it makes us week. Hate speech does not deserve protection as free speech because it divides us, as a country, and makes us week. Hate speech will always be a betrayal of what The United States claims to stand for. I've known John McClelland since I was I child and always respected him, instinctively. I'm proud to say that I respect him even more now, willingly as and adult, for his statements here. He will no doubt face ridicule in Longview for these statements. He has validated the trust I gave him as a child. I can't say as much for most of the adults I knew growing up in Longview, nor those who pass themselves off as "leaders" now, and allow hate speech as a haven to terrorize Longview's minorities. "

Rosey Glasses wrote on Aug 25, 2008 9:38 AM:

" I have seen this hateful verbal abuse also... not just for the reasons above, but because someone is different or new to the area... or smarter than someone else. I have to agree with this story and the first two posts here. Think anything you want, but think before you speak, how would you feel if someone said these types of things to you... true or not. "

shellybellycocoapuff wrote on Aug 25, 2008 2:31 PM:

" Whatever happened to your rights end where someone else's begin? I have a right to bear arms but I don't have the right to aim the gun at someone and/or pull the trigger. "

Atrucker wrote on Aug 25, 2008 3:06 PM:

" Weather you like what it sounds like or not , it is your right to speak your mind , freedom of speech, thus the KKK,
The skin heads, white power, black power, womens lib, gay rights. anti world trade, Gun rights, voting , is all freedom of speech. Many other countries do not allow the freedom we have , and say the wrong thing and off to prison you go, so be glad we can express how we feel with out being thrown in jail for it .
Opinions are like A!@#$*()^ everbody has one .
Why is it you are so easy to give up a right that people died for ? That others would fight to have the same right . I just do not get it . "

1209 wrote on Aug 25, 2008 4:28 PM:

" Only terrorists die for the right to hate speech. True freedom of speech makes a country strong. It doesn't divide it with hate and animosity. "

El Gabilon wrote on Aug 25, 2008 4:49 PM:

" The death toll of American Military Personnel defending this right is too great to begin to disassemble the right to free speech. Our standard reply to these kinds of people is: "Louder brother/sister I cannot hear you". On the other hand we handle barking dogs with: "Be quiet you unmitigated rabble rouser. You are disturbing the eminities and peacefullness of the country side with your infernal yapping." Perhaps the reader can modify it to fit their own need. Then again perhaps China has the right idea. A Chinese woman who protested somewhat was sent to be "re-educated". Freedom is coupled with responsibility. If these rabble rousers are unwilling to meet their responsibility then we as citizens should ignore their point of view entirely since their actions do not conform to a civil society. "

cheney119 wrote on Aug 25, 2008 8:28 PM:

" There is a reason it is the first amendment. I am against hate speech, but the first amendment trumps that, because speech is always protected. Stick and stones will break your bones, but words will never hurt you and that is the price of living in a democracy. Hate crimes require an assult or associated crime to qualify as a hate crime and I have no objection to call these acts a different class of offense. A cross burning in the yard is again a hate crime and not protedcted free speech, it's not your yard if nothing else. But words (no matter how hateful) are never a crime; and I am as liberal as it gets in Cowlitz County. But liberals believe in the constitution, The constitution makes us American. Conservatives pick and choose what they want to believe in the constitution. But conservatives aren't smart enough to understand the document anyway. "

1209 wrote on Aug 26, 2008 2:51 AM:

" Our troops have died for FREE SPEECH, NOT HATE SPEECH. Don't dishonor their sacrifice by saying that they died for the right to taunt and terrorize Americans. Words can hurt people. Words incite crowds to war. Words are already illegal when they threaten our President. Free speech has always been conditional, never absolute. "

Anonymuse wrote on Aug 26, 2008 3:45 PM:

" Freedom of speech is guaranteed, and I think it is absolute, rather than conditional. Even as I say this, I believe that with absolute freedom comes the burden of responsibility. We are guaranteed this right, but it is our personal responsibility to use said freedom wisely. "

CadillacCreepin' wrote on Aug 27, 2008 8:46 AM:

" if somebody yells something bad to me then they get something yelled at them
no big deal right? "

Crystal wrote on Aug 28, 2008 7:57 PM:

" Some people need thicker skin. Even if you outlawed hate speech, it's still going to exist...deal with it. We're not in a fantasy land where everyone is nice and friendly with one another nor can we force people to be that way. "

1209 wrote on Aug 28, 2008 9:21 PM:

" Our troops don't need to be told that they need a thicker skin by any coward who doesn't value the ultimate sacrifices made for all of us to be a better country. Hate speech is not the vision for America that our loved ones have died for. Even if we wage war against terrorism, it will still exist, yet we refuse to accept it. Freedom belongs to those with the courage to make the world a better place. Freedom of speech is for the intelligent to openly discuss ideas and disagree in a civil manner - not with hate, threats, and ignorance. "

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