0:00:13.718,0:00:17.634
2017 was a hell of a year [br]for the First Amendment.

0:00:17.634,0:00:21.014
Nowhere was more central[br]to this culture war

0:00:21.014,0:00:24.224
than the campuses[br]and universities across America,

0:00:24.224,0:00:27.214
including right here, [br]at the University of Nevada, Reno.

0:00:28.046,0:00:32.776
Two UNR students became infamous [br]for their speech in the past year,

0:00:32.776,0:00:36.416
found themselves embroiled in two[br]of the biggest free speech controversies

0:00:36.416,0:00:38.846
of the past couple of years.

0:00:39.894,0:00:44.034
Student, Peter Cytanovic became the face [br]of white nationalism,

0:00:44.034,0:00:47.144
when a picture of him snarling, [br]holding a tiki torch

0:00:47.144,0:00:50.144
at the Unite the Right Rally [br]in Charlottesville went viral.

0:00:51.399,0:00:54.399
On the complete opposite end [br]of the political spectrum,

0:00:54.399,0:00:55.609
if you can call it that,

0:00:56.430,0:00:59.690
graduate, Colin Kaepernick,[br]went on to the NFL

0:00:59.690,0:01:03.910
and used his position to highlight[br]police brutality and racial injustice,

0:01:03.910,0:01:07.700
by taking a knee[br]during the National Anthem.

0:01:08.390,0:01:12.390
Both men became incredibly [br]controversial for their speech.

0:01:12.390,0:01:17.580
There were calls and campaigns for both[br]men to be expelled for their opinions.

0:01:18.821,0:01:23.701
But regardless, whether you agree with one[br]of them, or both of them, or neither,

0:01:23.701,0:01:28.661
the First Amendment protects[br]both of those men and their opinions

0:01:28.661,0:01:31.681
from censorship and retaliation[br]by the government.

0:01:31.681,0:01:34.681
That's a good thing,[br]and I want to tell you why.

0:01:36.096,0:01:38.406
It's becoming more common for me to hear

0:01:38.406,0:01:41.156
that we should have[br]lower protections for speech,

0:01:41.156,0:01:43.896
that specifically, we should[br]criminalize hate speech.

0:01:43.896,0:01:45.936
I hear this from the left a lot.

0:01:45.936,0:01:49.766
I think a lot of progressives[br]envision a world where people

0:01:49.766,0:01:53.936
like Colin Kaepernick can take a knee[br]and protest of racial injustice,

0:01:53.936,0:01:56.376
without fear of retaliation [br]from the government,

0:01:56.376,0:01:59.726
without fear that the President[br]will pressure the NFL to fire him.

0:02:00.018,0:02:04.018
But they also want to live in a world[br]where a government school like UNR

0:02:04.018,0:02:08.218
can expel a student like Peter Cytanovic[br]for his hateful views.

0:02:09.512,0:02:11.262
That is a fantasy.

0:02:11.262,0:02:13.522
And more than that, it's dangerous.

0:02:14.728,0:02:15.828
I'm a progressive,

0:02:15.828,0:02:20.378
it's not hard for me to pick between[br]white nationalism and racial justice.

0:02:20.378,0:02:23.918
One is abhorrent, one is an overdue[br]demand for equal rights.

0:02:23.918,0:02:27.038
But what would happen if I gave[br]a government the right to decide

0:02:27.038,0:02:29.948
which of those men[br]was too hateful to speak?

0:02:29.948,0:02:32.628
President Trump [br]is a pretty useful barometer.

0:02:32.628,0:02:36.628
He called the marchers[br]at Charlottesville, "very fine people,"

0:02:36.628,0:02:40.418
while reserving his ire[br]for black football players who take a knee

0:02:40.418,0:02:42.348
as "sons of bitches."

0:02:42.348,0:02:46.241
Your hate speech may not[br]be the government's idea of hate speech.

0:02:46.241,0:02:49.511
I sure as hell know,[br]it's not mine.

0:02:49.511,0:02:52.131
But even if you happen[br]to agree with Trump,

0:02:52.131,0:02:55.861
can you be confident that[br]the next President, the next government

0:02:55.861,0:02:58.581
will agree with your world view?

0:02:58.581,0:03:00.571
You shouldn't be.

0:03:00.771,0:03:04.521
That's why, above all,[br]I am an anti-authoritarian.

0:03:04.521,0:03:07.011
I know that the U.S. government[br]has a long history

0:03:07.011,0:03:10.811
of wielding its raw power[br]against the vulnerable communities

0:03:10.811,0:03:12.631
that speak truth to that power,

0:03:12.631,0:03:15.571
against those who seek[br]to change the status quo.

0:03:16.423,0:03:21.183
And because I want every student[br]to be able to take a knee

0:03:21.183,0:03:23.513
without fear of government censorship,

0:03:23.513,0:03:26.553
I am a true believer [br]in the First Amendment.

0:03:27.418,0:03:32.298
But even as a First Amendment attorney,[br]I find a lot of the common tropes

0:03:32.298,0:03:36.268
and myths about the First Amendment[br]really unsatisfying.

0:03:36.268,0:03:40.028
So, I wanna go through three[br]of these myths, dust them off,

0:03:40.028,0:03:41.448
and hopefully in the process,

0:03:41.448,0:03:46.738
we'll come up with three practical rules[br]for exercising your free speech rights,

0:03:46.738,0:03:49.018
powerfully and strategically.

0:03:49.018,0:03:53.268
So the first one, is one I suspect[br]we all learned in Kindergarten,

0:03:53.268,0:03:56.758
if you remember your nursery rhymes,[br]please feel free to join me.

0:03:56.758,0:04:01.998
Sticks and stones may break my bones[br]but words will never hurt me.

0:04:01.998,0:04:05.238
Does anyone, as an adult,[br]actually believe this?

0:04:05.238,0:04:08.318
It's manifestly untrue.

0:04:08.318,0:04:12.318
I'm a free speech attorney precisely[br]because I believe that words matter,

0:04:12.318,0:04:16.928
it's ludicrous to protect free speech[br]by denying its very power.

0:04:16.928,0:04:20.753
So, why do we lie to kids, right?

0:04:20.753,0:04:23.963
Why do we fabricate this thing for them?

0:04:23.963,0:04:29.423
Well, it's because humans of all ages[br]can be vicious, it's just true.

0:04:30.093,0:04:35.323
And when a kid is at the receiving end[br]of injustice, a taunt, hateful language,

0:04:35.323,0:04:39.323
we want that kid[br]to be empowered, not diminished.

0:04:40.971,0:04:45.551
In February, notorious troll,[br]Milo Yiannopoulos,

0:04:45.551,0:04:48.347
had a planned speech at UC Berkeley.

0:04:48.347,0:04:52.347
Students and others [br]in the community went nuts.

0:04:52.347,0:04:55.817
There were protests, there were riots,[br]things were set on fire.

0:04:55.817,0:04:59.037
The administration cancelled his talk.

0:04:59.037,0:05:02.977
In April, there was a repeat, same thing,[br]except this time, it was Ann Coulter.

0:05:02.977,0:05:04.607
She was going to speak,

0:05:04.607,0:05:07.237
School officials said,[br]"There's going to be riots."

0:05:07.237,0:05:08.647
They cancelled her talk.

0:05:08.647,0:05:11.497
Those two individuals, Ann and Milo,

0:05:11.497,0:05:14.467
man, they became martyrs.

0:05:14.467,0:05:18.413
They got to take on the roll of victims[br]of liberal censorship.

0:05:18.413,0:05:20.823
They went on media tours,[br]the media ate it up.

0:05:20.823,0:05:23.893
They got more attention [br]for being silenced than they ever did

0:05:23.893,0:05:26.743
for trying to peddle [br]their actual substantive views.

0:05:26.743,0:05:31.613
So, I think it's helpful to think [br]of professional, provocateurs and trolls

0:05:31.613,0:05:34.273
as we would those schoolyard bullies.

0:05:34.273,0:05:37.263
Yeah, their words can hurt, [br]there's no point in denying that.

0:05:37.263,0:05:41.263
But the better question is, [br]how do we respond to that, right?

0:05:41.263,0:05:47.673
And a troll, a provocateur,[br]wants you to censor them.

0:05:48.422,0:05:50.992
That's part of the goal,[br]it feeds into their power,

0:05:50.992,0:05:52.762
it gives them something else to sell.

0:05:52.762,0:05:55.952
So, we don't have to march to that tune.

0:05:55.952,0:05:58.002
You don't have to play that role.

0:05:58.002,0:06:00.982
And we can think of them,[br]like these bullies,

0:06:00.982,0:06:05.742
yeah their words hurt, [br]but, there's also power in sass.

0:06:05.742,0:06:09.342
There's power in refusing [br]to be goaded into a fight

0:06:09.342,0:06:11.292
or to play the role of censor.

0:06:11.292,0:06:13.322
So, don't do it.

0:06:14.056,0:06:18.266
But some words wound in ways[br]that are different from others.

0:06:18.927,0:06:20.967
Which brings us to myth number two.

0:06:20.967,0:06:24.027
I hear this one a lot, [br]particularly online.

0:06:24.027,0:06:28.447
We all know that hate speech [br]isn't protected by the First Amendment.

0:06:29.217,0:06:30.537
Not so.

0:06:31.310,0:06:34.710
As that anecdote about Trump[br]hopefully made you think,

0:06:34.710,0:06:37.330
hate speech can be [br]in the eye of the beholder,

0:06:37.330,0:06:40.460
ear of the behearer, I guess,[br]if that's a word.

0:06:41.973,0:06:44.463
Just this week in Spain,

0:06:44.463,0:06:49.863
a man was arrested for the hate crime,[br]this is real, of calling cops "slackers."

0:06:49.863,0:06:51.083
on Facebook.

0:06:51.696,0:06:54.996
Police are covered[br]under the Spanish Hate Crime Law.

0:06:54.996,0:06:58.972
That's what criticizing your government[br]looks like in a country

0:06:58.972,0:07:00.822
without a First Amendment.

0:07:01.473,0:07:05.473
But, we don't have to protect speech[br]just out of paranoia

0:07:05.473,0:07:09.983
that our government will warp[br]what we think speech and hate speech are.

0:07:11.403,0:07:12.893
There's also an upshot.

0:07:12.893,0:07:15.183
In the late 1960's,

0:07:15.183,0:07:21.473
a KKK leader, named Charles Brandenburg,[br]was arrested on criminal charges

0:07:21.473,0:07:25.473
of incitement to violence[br]for holding a KKK rally.

0:07:26.016,0:07:30.016
The speech was as abhorrent,[br]as vicious, racist as you might imagine.

0:07:31.204,0:07:35.204
But, the KKK's lawyers took it[br]all the way up to the Supreme Court.

0:07:35.665,0:07:38.915
And, they challenged this crime.

0:07:38.915,0:07:41.545
Said that he had a free speech right[br]to be a KKK member,

0:07:41.545,0:07:44.805
and the Supreme Court thought about it [br]and said, "You're right."

0:07:44.805,0:07:48.805
Before we allow the government[br]to punish you for your speech,

0:07:48.805,0:07:51.175
it has to pass such a high bar,

0:07:51.175,0:07:53.885
there has to be an immediate [br]and specific risk

0:07:53.885,0:07:56.985
of actual physical violence[br]to a real person.

0:07:56.985,0:08:00.985
And this KKK rally, well, [br]it was a group of white racists,

0:08:00.985,0:08:03.615
but there wasn't anyone around[br]that they were intending

0:08:03.615,0:08:05.855
to actually engage in violence against.

0:08:05.855,0:08:08.565
That case, in a vacuum,[br]might be tough to swallow.

0:08:08.565,0:08:10.935
I think particularly[br]if you're a person of color.

0:08:10.935,0:08:12.735
But it's not the end of the story.

0:08:12.735,0:08:14.995
At about the same time,

0:08:14.995,0:08:18.995
a lion of the Civil Rights Movement[br]named Charles Evers,

0:08:18.995,0:08:24.105
was giving a huge speech[br]to a gathering of NAACP supporters,

0:08:24.105,0:08:28.645
who had come together to boycott[br]white-owned racist businesses

0:08:28.645,0:08:31.845
that didn't allow black Americans[br]to come into their business.

0:08:31.845,0:08:35.945
And as he's giving his speech,[br]Evers gets worked up and really passionate

0:08:35.945,0:08:39.945
and he says, "I'll wring the damn neck[br]of anybody who breaks this boycott."

0:08:39.945,0:08:42.125
So, what's he done, right?

0:08:42.125,0:08:45.235
He's fantasized[br]about some future violence,

0:08:45.235,0:08:49.315
it's hypothetical, [br]he's not pointing at Bob there, right?

0:08:49.315,0:08:52.535
So, the Brandenburg case[br]has just come out of the Supreme Court

0:08:52.535,0:08:56.265
and the NAACP's lawyers look at that[br]and they say, "Well, this can't be right.

0:08:56.265,0:08:59.985
How can a KKK leader get [br]a 'get out of jail' free card,

0:08:59.985,0:09:05.355
but our Civil Rights guy, Mr. Evers,[br]is being sued for incitement

0:09:05.355,0:09:09.355
by the same white-owned businesses[br]that he was protesting?'

0:09:10.198,0:09:12.740
Mr. Evers challenged these charges, too.

0:09:12.740,0:09:15.130
And he went all the way up [br]to the Supreme Court.

0:09:15.130,0:09:16.580
And the Supreme Court said,

0:09:16.580,0:09:21.210
"Well, I guess we're constrained[br]by that Brandenburg case

0:09:21.210,0:09:23.650
to give you your free speech rights, too."

0:09:24.399,0:09:28.120
I want to be clear, by the way, [br]that I don't see anything equivalent

0:09:28.120,0:09:31.390
between the KKK and the NAACP.

0:09:33.165,0:09:38.995
But the court is an odd place,[br]it's a bit stripped of context in history.

0:09:38.995,0:09:41.485
It's a kind of bastion of privilege.

0:09:41.485,0:09:43.825
And all they boiled it down to was,

0:09:43.825,0:09:48.185
"Is this theoretical future violence?[br]Or is there an immediate

0:09:48.185,0:09:50.375
and specific risk of harm[br]to a real person?"

0:09:50.375,0:09:51.215
And they said,

0:09:51.215,0:09:54.485
"Well from that point of view,[br]these look the same."

0:09:54.485,0:09:59.705
Now, I know a lot of people[br]are skeptical that in practice,

0:09:59.705,0:10:02.885
the rights that are extended to people[br]like a KKK leader,

0:10:02.885,0:10:05.815
actually trickle down to somebody[br]like an NAACP leader.

0:10:05.815,0:10:07.715
They're not wrong to be skeptical.

0:10:07.715,0:10:12.055
Our country has always taken a while[br]to distribute its rights equally,

0:10:12.055,0:10:13.365
among its citizenry, right?

0:10:13.365,0:10:16.415
Think of the right to vote,[br]Did we all get it at the same time,

0:10:16.415,0:10:18.355
regardless of sex, regardless of race?

0:10:18.355,0:10:19.105
Absolutely not.

0:10:19.105,0:10:20.415
Or even in today's world,

0:10:20.415,0:10:23.575
do you think your constitutional rights[br]at arrest look the same

0:10:23.575,0:10:24.745
regardless of your race?

0:10:24.745,0:10:26.605
Your right to carry a gun?

0:10:26.605,0:10:29.965
Do you think that looks the same[br]whether you're black or you're white?

0:10:29.965,0:10:31.235
Again, no.

0:10:31.235,0:10:36.655
But is the answer to eliminate or lessen[br]the very constitutional protections

0:10:36.655,0:10:40.465
that allow us to hold the government[br]accountable when it violates our rights?

0:10:40.465,0:10:42.265
Hell no.

0:10:43.243,0:10:47.243
Instead, making sure that constitutional[br]rights are evenly distributed

0:10:47.243,0:10:48.963
is a process, right?

0:10:48.963,0:10:52.743
And it's our job,[br]the first amendment is no different.

0:10:52.743,0:10:56.743
So, when the Supreme Court,[br]when the powers that be,

9:59:59.000,9:59:59.000
give that right to somebody[br]like Brandenburg, a KKK leader,

9:59:59.000,9:59:59.000
it's our job, Civil Rights leaders,[br]those who believe in equal rights,

9:59:59.000,9:59:59.000
in justice, to ratchet everybody up[br]to that same level of protection

9:59:59.000,9:59:59.000
for constitutional rights.

9:59:59.000,9:59:59.000
And that's precisely what the NAACP did.

9:59:59.000,9:59:59.000
And that's all of our job, too.

9:59:59.000,9:59:59.000
That's what I do[br]as a free speech attorney,

9:59:59.000,9:59:59.000
and that's what you [br]need to do as students.

9:59:59.000,9:59:59.000
You need to make sure[br]that these theoretical rules

9:59:59.000,9:59:59.000
filter down on the ground.

9:59:59.000,9:59:59.000
So are students up for it?

9:59:59.000,9:59:59.000
That brings us to our third[br]and final myth.

9:59:59.000,9:59:59.000
"Today's students are just snowflakes."

9:59:59.000,9:59:59.000
I hear it all the time.

9:59:59.000,9:59:59.000
Usually meant as an insult, by the way,[br]as beautiful as snowflakes are.

9:59:59.000,9:59:59.000
So, because of the First Amendment,

9:59:59.000,9:59:59.000
public schools and universities[br]can not ban people from campus,

9:59:59.000,9:59:59.000
simply because their views are hateful.

9:59:59.000,9:59:59.000
So, that means that over the past year,

9:59:59.000,9:59:59.000
black and Jewish students[br]have had to leave their dorm rooms

9:59:59.000,9:59:59.000
and walk to class passing by people[br]who have called for their extermination.

9:59:59.000,9:59:59.000
It means that women students[br]have had to walk by speakers on campus

9:59:59.000,9:59:59.000
who call feminism a cancer.

9:59:59.000,9:59:59.000
LGBT students have had to walk by [br]people saying,

9:59:59.000,9:59:59.000
"Transgenderism is a medical disorder."

9:59:59.000,9:59:59.000
No adult has to go to work[br]and walk by people saying

9:59:59.000,9:59:59.000
they're less than human[br]or that they shouldn't exist.

9:59:59.000,9:59:59.000
I don't think students are snowflakes,[br]I think they're badasses.

9:59:59.000,9:59:59.000
Because they bear the brunt[br]of that First Amendment on campus,

9:59:59.000,9:59:59.000
where these professional[br]provocateurs come, right?

9:59:59.000,9:59:59.000
Now, when I say that silencing[br]your political opponents isn't the answer,

9:59:59.000,9:59:59.000
it's not because I think that's weak,[br]it's because I think that's unstrategic.

9:59:59.000,9:59:59.000
So, if silencing your enemies[br]isn't an answer,

9:59:59.000,9:59:59.000
what does empowerment look like[br]in the First Amendment?

9:59:59.000,9:59:59.000
Well sometimes, it's just sheer numbers.

9:59:59.000,9:59:59.000
The week after Charlottesville,[br]a group of people planned a rally

9:59:59.000,9:59:59.000
on Boston Common that they termed,[br]"The Free Speech Rally."

9:59:59.000,9:59:59.000
They were alt-right folks,[br]and this is a week after Charlottesville.

9:59:59.000,9:59:59.000
Only a handful[br]of permit-holders showed up.

9:59:59.000,9:59:59.000
But, 40,000+ members of the [br]Massachusetts community

9:59:59.000,9:59:59.000
and from across the country,[br]engaged in a counter protest

9:59:59.000,9:59:59.000
ringing Boston Common,[br]standing strong, right?

9:59:59.000,9:59:59.000
Sending a very powerful[br]message of resistance together.

9:59:59.000,9:59:59.000
That's a blizzard of snowflakes, right?

9:59:59.000,9:59:59.000
There's no weakness in that.

9:59:59.000,9:59:59.000
But, sometimes, just a single person[br]will make a difference.

9:59:59.000,9:59:59.000
One of my favorite stories [br]from the last couple of years,

9:59:59.000,9:59:59.000
one of my favorite free speech victories[br]from the last few years,

9:59:59.000,9:59:59.000
is a musician who was really appalled [br]that the KKK was planning to march

9:59:59.000,9:59:59.000
in his hometown of Charleston.

9:59:59.000,9:59:59.000
And so, using the tools at his disposal,[br]he got out his sousaphone.

9:59:59.000,9:59:59.000
That's one of these big brass instruments,[br]BOM-BOM.

9:59:59.000,9:59:59.000
And he got out of the street[br]and he got next to the KKK

9:59:59.000,9:59:59.000
and he just oompa, oompa,[br]oompa, oompa-ed along with them.

9:59:59.000,9:59:59.000
(Laughter)

9:59:59.000,9:59:59.000
It's amazing, you should look up [br]the video, it's worth watching.

9:59:59.000,9:59:59.000
And without saying a single word,[br]he stripped these fascists bare.

9:59:59.000,9:59:59.000
They couldn't even bear to go on[br]marching, they were so humiliated.

9:59:59.000,9:59:59.000
You can't keep up[br]a straight face of fascism

9:59:59.000,9:59:59.000
with a goofy tuba line behind you,[br]it's just hard to do.

9:59:59.000,9:59:59.000
So look, I believe in the First Amendment[br]fundamentally, first and foremost,

9:59:59.000,9:59:59.000
because I know [br]it's the greatest tool we have

9:59:59.000,9:59:59.000
to keep the government out of [br]regulating the conversations

9:59:59.000,9:59:59.000
that spark every change in the world.

9:59:59.000,9:59:59.000
If you wanna keep having conversations[br]that change the world,

9:59:59.000,9:59:59.000
you should embrace [br]this First Amendment, too,

9:59:59.000,9:59:59.000
messiness and all.

9:59:59.000,9:59:59.000
And even though those three myths[br]might not be true,

9:59:59.000,9:59:59.000
I hope they started to reveal [br]a few real nuggets of truth

9:59:59.000,9:59:59.000
about how we can strategically exercise[br]our powerful First Amendment rights.

9:59:59.000,9:59:59.000
Number one: Know your history.

9:59:59.000,9:59:59.000
Know that when rights are extended[br]to the powerful and privileged,

9:59:59.000,9:59:59.000
that it's our job to make sure [br]that everybody benefits from those rights.

9:59:59.000,9:59:59.000
Understand that the same First Amendment,[br]that first extended to a KKK member,

9:59:59.000,9:59:59.000
was used strategically[br]by Civil Rights leaders

9:59:59.000,9:59:59.000
to cover the NAACP leader as well.

9:59:59.000,9:59:59.000
That's a success story[br]and we have to keep doing it.

9:59:59.000,9:59:59.000
Number two: Don't try to silence[br]your way out of a debate.

9:59:59.000,9:59:59.000
As we've seen from Free Speech Week,[br]as we've seen from the Free Speech Rally,

9:59:59.000,9:59:59.000
people trying to co-op[br]the term Free speech

9:59:59.000,9:59:59.000
just feeds them power.

9:59:59.000,9:59:59.000
We can't let them do that.

9:59:59.000,9:59:59.000
Free Speech as a concept, its power[br]is in its indivisibility,

9:59:59.000,9:59:59.000
its equal for the KKK leader[br]and the NAACP leader alike, right?

9:59:59.000,9:59:59.000
So don't dance to that tune.

9:59:59.000,9:59:59.000
You don't have to give the provocateur[br]the censorship she's desperately hoping

9:59:59.000,9:59:59.000
that you give her.

9:59:59.000,9:59:59.000
So, that brings us to number three.

9:59:59.000,9:59:59.000
Dance to your own tune.

9:59:59.000,9:59:59.000
Figure out for yourself [br]when you go to a counter protest,

9:59:59.000,9:59:59.000
in numbers or alone with your tuba.

9:59:59.000,9:59:59.000
Figure out when you hold an alternative[br]and more loving event across campus.

9:59:59.000,9:59:59.000
Figure out when you think there are ideas[br]that are just fundamentally unworthy

9:59:59.000,9:59:59.000
of debate.

9:59:59.000,9:59:59.000
And, the way that you figure out[br]how to handle these conflicts,

9:59:59.000,9:59:59.000
how to handle speech that you abhor,[br]can be a great guideline

9:59:59.000,9:59:59.000
for how you handle conflict[br]through out the rest of your life.

9:59:59.000,9:59:59.000
My name is Lee Rowland.

9:59:59.000,9:59:59.000
I'm an unabashed progressive,[br]I'm a skeptic, I'm an anti-authoritarian.

9:59:59.000,9:59:59.000
For all of those reasons,

9:59:59.000,9:59:59.000
I believe in a robust[br]and indivisible First Amendment.

9:59:59.000,9:59:59.000
Join me.

9:59:59.000,9:59:59.000
Thank you.