In Defense Of Bigmouthed Trash-Talkers
One of the wonderful things about our Constitution is the way it protects even the worst speech. A New York Times editorial talks about this in relation to a UCLA student named Alexandra Wallace who posted a YouTube rant about how there were, like, sooo many Asian students at UCLA, and they were all yakking on their phones in the library (like, perhaps calling family members in Asia in the wake of the Tsunami), and how their elderly relatives show up to cook for them on the weekends, which she finds rather annoying.
Here's the video, and below is an excerpt from the NYT piece:
The video's viral spread is a reminder of the Internet's power and the cost of heedless and hurtful postings. Ms. Wallace is rightly being criticized by university officials, fellow students and many others for her clearly racist words. She has since apologized through the student newspaper. Still, the university would do a great disservice to itself and the First Amendment if it goes ahead and disciplines her for the content of her words.On his blog, Eugene Volokh, a First Amendment scholar at U.C.L.A., counseled why Ms. Wallace's video is "clearly constitutionally protected," no matter how obnoxious. A purpose of the American university, he said, is to debate major decisions about social and other policies -- to build consensus and the foundations of community. To assure worthwhile debate, it's necessary to protect some worthless, even hurtful, opinion.
The video doesn't justify the basis on which U.C.L.A. is considering punishing her: that her words amount to a form of harassment against a group of students. Her most offensive words -- said while mimicking people speaking an Asian language -- sound like an ethnic slur, but it would be hard to argue that they were threatening. If used against her, that rationale could also be used, wrongly, to punish what Prof. Volokh called "a vast range of other speech."
Here's a letter from FIRE -- Foundation for Individual Rights in Education (an organization I support) -- to UCLA:
On Monday, March 14, Associate Vice Chancellor and Dean of Students Robert J. Naples reportedly told UCLA student newspaper the Daily Bruin that UCLA had begun to investigate the video for possible charges including harassment:"We'll be taking a look at the language that she uses in the video to see if it violates any codes under the student code, perhaps regarding harassment," Naples said.However, the student code in no way usurps the authority of the First Amendment, Naples said.
Naples is correct: As a public institution, UCLA is both legally and morally bound by the United States Constitution. See National Collegiate Athletic Association v. Tarkanian, 488 U.S. 179, 192 (1988) (holding that "[a] state university without question is a state actor."). We trust that you understand that the First Amendment's guarantee of freedom of expression fully extends to public universities like UCLA. See, e.g., Healy v. James, 408 U.S. 169, 180 (1972) (citation omitted) ("[T]he precedents of this Court leave no room for the view that, because of the acknowledged need for order, First Amendment protections should apply with less force on college campuses than in the community at large. Quite to the contrary, 'the vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools.'"); Widmar v. Vincent, 454 U.S. 263, 268-69 (1981) ("With respect to persons entitled to be there, our cases leave no doubt that the First Amendment rights of speech and association extend to the campuses of state universities.").
To be clear: UCLA may not punish protected expression because of its viewpoint.
One of the primary reasons that so-called hate speech is tolerated under the First Amendment is that there is not and cannot be agreement on what speech is "hateful" and therefore undeserving of the Constitution's protection. The Supreme Court has noted that "[t]he hallmark of the protection of free speech is to allow 'free trade in ideas'-even ideas that the overwhelming majority of people might find distasteful or discomforting."
UPDATE: Via @AdamKissel, UCLA will not take action against Wallace.
Her talk was not even close to being "hate speech.". It wasn't even racist as much as culturally insensitive.
We're in deep doo-doo if being an insensitive moron becomes a crime. If so, I'm sure we will all be doing hard thyme next to the marinara kid.
Sue at March 18, 2011 2:59 PM
So what would happenend to us, minority pro-free speech nonbelievers if those pro-islamics, pro-asians keep on finding everything that we talk about as racist, even though it is factual!
I agree most types of asians and eastern people(that include islamics) can be too annoying and too loud in public space.
WLIL at March 18, 2011 4:12 PM
Yeah, shame on those people for worrying about a little tsunami! With botched-up communications and a 16 or 17 hour time difference with Japan I'm sure those kids were doing the best they could.
A reply--
http://www.youtube.com/watch?v=lOGpGoEMu2s&feature=player_embedded
crella at March 18, 2011 4:25 PM
Amy Alkon
https://www.advicegoddess.com/archives/2011/03/in-defense-of-b.html#comment-1937479">comment from crellaThe hilarious response was the Asian guy who said he was studying but this white girl had her tits hanging out in the library and he couldn't concentrate so he got on the phone. Or basically something like that.
Amy Alkon
at March 18, 2011 4:53 PM
Amy Alkon
https://www.advicegoddess.com/archives/2011/03/in-defense-of-b.html#comment-1937493">comment from Amy AlkonOh, and PS the jerkinskis on their cell phones in the library are of all races and ages.
Amy Alkon
at March 18, 2011 5:05 PM
Actually I surprised by that! Here in Korea it's the white people aka expats who are loud on the phone usually in public. I have been on the subway or bus and someone is taking on the phone and softly, some will do the hand over mouth talk, other will scrunch off up and away, others will whisper, some even leave. AND JAPAN who even more so! The bus the few times on one it was one SILENT - nobody really talks! Japan is the country that started developing lip reading for cellphones. Thru I do see a whole bunch of other asshole behavior from Koreans.
For example - recently a little gerfuffle in the Land of the Morning Calm was raised. A expat who lives in Korea runs a website that shows pictures of Koreans and some other expats passed out drunk on the streets, alleys or other public places. These pictures are submitted by other expats who come across them in their daily travels. Sometimes the phototaker poses beside the unconscious soul making a silly face. Anyways some Korean newspaper website found the site and commented on it and posted a few pictures before some zealous netizens (Korea seems to have a whole bunch of those) got their panties in a twist and started screaming racism and calling for heads and even putting up a counter site. Now some Koreans have all got in a tizzy and some just say yes this happens as in Russia or China and it is a shame. The site owner basically said this is a bad behavior that Korean society should no put up with.
Maybe it's Californian Asians, they get ass holey. Throw somebody into an individualistic society from a group orientated society and watch the behaviors change from good to bad. I found after a time here in Korea I find my behaviors change too - hopefully for the better. I am careful talking on the phone in public. Actually growing up and taking the bus in Canada I found it annoying when some Asian or non English speaking person started talking loud and yes it sounds like ching chang chong and it was annoying! So I found myself in Korea telling my GF and even other people when talking on the bus to talk softer lets not be an ugly Americans.
And do not get me started on Korean Racism!
John Paulson at March 18, 2011 7:16 PM
I think America have had unfortunately evolved (from a fully western society to a much more mixed society) ahd have had quite a lot of noisy asian or middle east influence.
Anyway, traditional Asian or other nonwhite culture are basically noisy. Just see how noisy their traditional Chinese celebration is being celebrated with loud dragon dance and drums. Just see how loud those adult Chinese, Arab or Indian talked or screamed. Just see how noisy those islamic mosques are. Just see how noisy those Buddhist chanting can be. Just see how crowded and noisy most Asian big cities are. Just see how those noisy those asian karaoke (a japanese invention?) sessions are.
Then of course there are those noisy western music that are influenced in some way by black culture? It would be nice just to have some quiet and peace.
WLIL at March 18, 2011 8:55 PM
Ok I will admit I did not watch the video. But I am starting to watch the reply of the funny Asian guy.
I have a couple of quibbles about the video (Yes I know it is comedy). At the first part of video the recap the girl saying that Asian students can not seem to fend for themselves. True some of them are incompetent! I once had ca coworker tell me her brother did not know how to crack an egg until he was in his twenties! I have had a 10 year old tell me his mother bathed him, by age 6 my mother basically told me to stop getting water everywhere and do not come crying to me if you get soap in your eyes - close your eyes. To some 19+ year old guys who HAVE to report for military service killing themselves or running away or even going crazy and killing other people due to the pressures of having to go from comfort to cold. Hell a Chinese General recently commented that a whole bunch of the recent recruits where so feminine and soft he was wondering about the future of their military. More, I had another student who was moving back to his home because his sister graduated college! The mother had dragged the brother and left the father back home to earn money so she could keep care of the college age student in another city.
Now why are they incompetent and babied well First one I call the Little Prince and Princess Syndrome. This country went from lets have lots of kid, hope some of them can stick around till they can walk and help on the farm to a middle class single or two child household. These kids get spoiled in some ways, and the boys more so because of cultural demand for the male sex. Going on.
Roles and duties. A parents duty is to raise and earn money for the family. The childrens is to LEARN and I MEAN FUCKING LEARN. So most of the parents coming over at the dorm are doing the cleaning and shopping because rather then having junior do it, the want him hitting the books. If junior is not hitting the books and does not do well ohhh there will be hell to pay! Guilt, more guilt, lectures, threats of being sent back to the home country, shame, beatings, being disowned and so on. Actually my favorite example of this was some Korean kid was lucky his parents earned enough money to send him to go to (high) school in Canada (they think it great) and mom went along too, leaving dad behind to fend for himself. Yet the kid started to really slack off and even start skipping school, and on top being rude to the mother. Dad flies over and gives that boy a caning! Dad does get caught and later charged with abuse. But this gives you an idea about the importance of learning and roles.
Third - Culture - It is not unknown for most young twenty somethings to live at home till they get married. It is just the way it is done, family is important, you are part of it till well you start your own. If the kid is lucky the parent are rich enough he does not have to work - he might even get some good stuff handed to him as long as he does his duties if it is education or even just finding a husband/wife.
Next quibble of the video - The small pox blanket thing! Proven time and again as false.
The politeness factor - Koreans can be very polite to those who are in their circles - family, religion, friends, race, job. But if you are not part of said circles you may become a non factor not important - if lucky ignored if unlucky treated rudely and disrespectfully. This happens everyday in my class I get students who call me names or do not listen to me because I do not fit a certain circle to them. Do the same with a Korean teacher - their head would be knocked off.
Still after all these complaints Korea is still overall a pretty polite place. It has its problems but as above it has its problems that can reflect upon the people.
John Paulson at March 18, 2011 10:35 PM
I thought cooking in dorm rooms was considered a fire hazard and thefore illegal
lujlp at March 19, 2011 1:47 PM
Hahahaha! She's a POLY SCI MAJOR! And they interrupt her reaching an EPIPHANY!
Gods! I hope her parents see this and yank her skanky ass back home to the trailer park (or Beverly Hills, or where ever her spoiled, entitled beyach attitude was spawned) And she never sets foot into the halls of higher *coughspitcough* learning again.
Behold the future leader of our country...I weep.
Kat at March 19, 2011 2:32 PM
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