Tuesday, May 29, 2018

Beyond Jim Crow: The Corruption of Freedom of Speech

Freedom of speech is the disguise behind which racism, misogyny and other forms of hate  flourish.  Without regard for professional and educational standards, businesses and universities refuse to intervene when speech is used to oppress.  What may be permitted to say in public discourse has its limitations in workplace and educational institutions.  But leadership in both arenas often refuse to confront hate speech and are supported in the workplace by employment cases that historically have tolerated high levels of hate before declaring an environment a hostile one. Flawed law does not justify racism and other hate in the workplace.

Now the NFL is flipping freedom of speech to block peaceful protest.  Players who wish to engage in silent protest during the national anthem must do so off the field or risk being fined.  While technically it is the teams that will be fined, owners are permitted to pass the penalties through to protesting players.

Freedom of speech gives every appearance of shapeshifting to accommodate the bullies.  There is little in the way of institutional leadership protecting vulnerable populations locally or nationally.    Those players who are forced to endure shocking levels of racism before a hostile work environment is declared, cannot themselves make peaceful, silent declarations against that racism without risking penalty.  This hypocrisy goes beyond Jim Crow and emits the scent of slavery. 

It would be self-defeating economically, but powerful demonstratively, if every black football player stayed in the locker rooms and refused to emerge until the rule is overturned.  But that would once again place the burden of response on the victimized.  It is the white players and fans who need to take a stand against racism and for freedom of speech. 

Permitting through silence the manipulation of freedom of speech to accommodate the haters places our democracy in greater jeopardy and our silence makes us complicit. 

http://lawprofessors.typepad.com/human_rights/2018/05/searching-for-leadership-on-freedom-of-speech.html

Margaret Drew, Race | Permalink

Comments

Post a comment