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An Uncomfortable Message

Preacher’s Words Spark Free Speech Debate

By Matt Hawk

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Published: Tuesday, November 10, 2009

Updated: Tuesday, November 10, 2009

1st Amendment

Alex Gautreaux

While traveling preacher Matt Bourgault had a controversial message, he had a First Amendment right to spread it. Will events like Bourgault's preaching last week be a thing of the past on the HSU campus?

Eliot Altschul is concerned for the students he sees in his office everyday. He is concerned that the message of hate is alive and tolerated on the HSU campus.

Last week, a traveling preacher known by the name of Brother Matt Bourgault came to HSU to spread a message that many considered hateful and disrespectful. The preacher condemned homosexual students to “eternal hellfire.”

“So many of my students have internalized that message of hate,” said Altschul, a staff psychologist who specializes in counseling students who are a part of the lesbian, gay, bisexual, and transgender (LGBT) community.

In an Academic Senate meeting on Nov. 3, Altschul shared his concerns with senate members.

“I felt like it is part of my job not to be silent,” he told The Lumberjack earlier this week. “I have heard in the Academic Senate about how we want to recruit a diverse group of students and faculty. How are we going to be able to do that with that message in the center of the campus?”

During the Senate meeting, Altschul asked President Rollin Richmond and Provost Bob Snyder  what could be done to prevent this type of event from happening in the future.

A First Amendment Right to Preach

The First Amendment preserves the right to free speech for all Americans, however misguided a message.

University Police Chief Tom Dewey spent a few hours keeping the peace during Brother Matt’s message. He said time and again the United States Supreme Court has ruled that free speech in public spaces, such as the Quad of our publicly-owned university, cannot be censored by the government, police or administration.

“While some people, perhaps even the majority of those present, perceived last week’s street preacher’s language as hateful and offensive to certain groups, the fact is that his speech never crossed the line to ‘fighting words,’” he said. Dewey said that campuses have consistently lost battles in court when enacting content-based bans on speech.

The street preacher who was here last week has won settlements against campuses who have violated his Constitutional rights, Dewey said.

Pre-nursing major Andrew Painter doesn’t understand why the administration can censure a student for hate speech, but not an outsider preaching a message he described as blind hatred. “In the end, it is spoken hatred that develops into physical violence,” said Painter.

Hate Speech vs. Free Speech

It is the blurry line between hate speech and hate crimes that makes regulating speech on the Quad a difficult proposition.

Altschul said there is no doubt that the preacher’s speech qualifies as hate speech. “To me it seems unambiguously hateful,” he said.

That seems to be the problem in Altschul’s eyes. “While the president said these actions are intolerable, the actions are tolerated,” he said.

But the only restrictions allowed on the First Amendment are those that moderate speech expressing a serious intent to physically harm someone, commit a crime, or incites a riot.

Although President Barack Obama signed into law a new bill expanding hate crimes to include the protection of the LGBT community, there is no federal protection against the dissemination of hate speech. (See “Washington Redefines Discrimination” on page 6 for more info.)

There are those who would agree that Brother Matt’s speech could have incited a riot on our campus, and there are those who consider the preacher’s words the ramblings of a misguided Christian. The speech, however, has to start a riot before it can be silenced.
Looking into Restricting Speech?

There are some restrictions on amplified speech on the quad because the speech can be regulated under time, place, and manner restrictions. The administration has upheld that these regulations are allowed under the constitution because amplified speech harms the learning environment.

Amplified speech is allowed between the hours of noon and 1 p.m.

In an interview with The Lumberjack on Monday morning, Richmond and Snyder upheld the traditional First Amendment principle. Richmond said the campus does have a policy regarding free speech on campus, but it is not concrete. “We’re looking into examining our policy,” he said.

Altschul would like to see regulations that require people who speak on the quad to sign up for a time to speak so there can be more notice.

But both Richmond and Snyder seemed tentative to say what they could change, if anything.

“It’s part of what educational systems are set up to do, to explore understanding and critically evaluate ideas,” said Snyder explaining the role of free speech on campus.

The university serves as a place for testing ideas, agreed Richmond “Having information that questions people’s perspectives is very important for continuing democracy,” he said.

Yet, both Richmond and Snyder want to make it clear that they do not condone the type of speech exhibited on campus recently, but said it is “tricky business” restricting speech in a public forum, i.e. the university Quad.

Fighting Fire with Fire

Within hours of the preacher’s arrival, students were quick to fight back within their own First Amendment right, brandishing signs and the spoken word.  (See Nov. 4 article “Preacher Provokes Students” for more info.)

Students received praise from all sides of the debate. “Our students reacted incredibly well,” said Altschul. The university also commended student, staff, and faculty for their display of solidarity.

What will happen next time someone tries to get across a message that is unpopular? Will people like Bourgault have a forum to espouse such radical ideas? Will students react in a more violent way?

Altschul said not allowing a forum for promoting hate is important. The American Civil Liberties Union has another idea. Where racist, sexist and homophobic speech is concerned, more speech – not less - is the best revenge.

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6 comments

Danny
Sat Nov 14 2009 12:20
Now if we could only get a separation of Synagogue and State,
we would really have something going.

I'm glad the preacher came. You've been told.

steeltraincoming
Fri Nov 13 2009 20:27
Yeah Altschul I totally agree, we should start censoring anybody who's speech makes us the least bit uncomfortable. In fact, why don't we start sending these dissenters to labor camps in Alaska?

As a journalism major, I am more offended by Altschul's reaction to Bourgault's speech than anything Bourgault had to say.

Picture this- a transgender activist giving a speech at a college in Alabama about gay rights. Just as the activist's right to free speech should not be curbed, neither should Bourgault's.

Carlos Quintero
Thu Nov 12 2009 10:28
If "Brother Matt" can be shut down, how about that other fella who equated Soldiers to fascists? He offended me, so therefore he should not have been allowed to vent his views either. I think that Brother Matt was an ignorant fool, but he is free to be a fool and utter his foolish thoughts as long as he abides by the laws that govern us all.
Heath Birchard
Wed Nov 11 2009 23:05
I disagree Keith.

You are saying that Mr. Altschul is whining...was Mr. Bourgault not whining himself on campus for two days solid? I would never tell Mr. Bourgault to repent for spreading his message or go burn in hellfire, so why is he telling ME these things?

And I'm sure Altschul realizes that Bourgault has his right to freedom of speech, however intolerance would not be the word to describe Altschul's beliefs. Bourgault was not "shut down" in any way while he was in the Quad. However, students who identify as LGBTQIA stood forth in front of him wearing tape over their mouths in silent protest. Why? To signify the silence they feel as a result of hate speech and intolerance such as Bourgault's. Bourgault also tried to play the "I'm part of a minority" card. Well, perhaps on a liberal college campus, yes, he is in the minority. However, nation-wide his opinions are hardly that of a minority, which is why members of the GLBT community continue to suffer as a result of that fact.

Silly laws about hate speech and hate crimes??? Have you or any of your family members or friends been attacked physically or sexually because of their race, class, gender identity, sexual orientation, age, able-bodism, religious preference, etc? As someone who identifies as transgender, I am personally grateful that laws against hate crimes (most recently crimes committed against people because of their perceived gender identity) exist. I agree with you that a crime is a crime and should be dealt with accordingly, but since when has a criminal ever been convicted without "enhancements based on one's thoughts?" That's why a pedophile gets charged with harsher penalties than someone who rapes a person his or her own age. So-called "enhancements" exist to protect the victims of such crimes.

Again, no one stifled Mr. Bourgault's misguided ranting, but as a student here I have every right to feel safe on campus as I go to my classes and with the way that Mr. Bourgault was yelling at my friends around me, I did not feel as though I was welcome here. If I wanted to hear a message about how I'm going to rot in the fiery pits of hellfire for presenting myself as a male and having sex with my girlfriend, I can go to a CHURCH....not my college campus!

The political winds are indeed shifting, and there's definitely going to be a more noticeable difference in the separation of church and state, which is what needed to happen a long time ago!

Heath Birchard
Sociology major, Class of 2011
(Also Lumberjack Alum)

Kallizebro
Wed Nov 11 2009 21:55
Sentence him to prison. World should be full of love. We guide childrent know the beautiful of our life first. I love to show love. So does them on _BiMingle.com_ for LGBT. Nothing special there. They all need grow.
Keith Alan Estabrook Jr
Wed Nov 11 2009 11:47
How appropriate that I came across this article on Veterans Day, when we honor those who sacrifices allow people like Mr. Altschul to whine. It was not by serendipity that the rights of free speech, free exercise of religion and the freedom of assembly are the first enumerated in the Bill of Rights.

While they preach tolerance, folks like Altschul exhibit the quintessence of intolerance: If you are offering a message that conflicts with their beliefs, they want to shut you down. They have managed to insert silly laws about hate speech and violence born out of hate into the criminal codes, in violation of the Constitution. Crime is crime and should be dealt with accordingly, without enhancements based on one's thoughts. A college campus should be the last place in the world where the free exchange of ideas, no matter how repugnant, should be stifled.

The political winds are shifting, and Mr. Altschul and those of his intolerant tribe might be wise to be careful about that they wish to codify.

Keith Estabrook
Journalism, Class of 1990
Lumberjack Alum







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