"I am in no way a gay rights activist, but allowing this hate speech at a public university is entirely unacceptable. It sickens me to know that hard-working Illinoisans are funding the salary of a man who does nothing but try to indoctrinate students and perpetuate stereotypes."
The brave words of an anonymous person who never met Dr. Kenneth Howell and never attempted to do so. AAF knows a thing or two about hate speech allegations. Some individuals tried to have us removed from the quad for our Good Friday protest, calling it hate speech. What exactly is hate speech? According to wiki, "In law, hate speech is any speech, gesture or conduct, writing, or display which is forbidden because it may incite violence or prejudicial action against or by a protected individual or group, or because it disparages or intimidates a protected individual or group". I have a shorter definition. Hate speech is thought crime. Thought crime, is bullshit.
The legitimate powers of government reach actions only and not opinions. -Thomas Jefferson
How do I know it's thought crime? The action part, what you actually say, is irrelevant. In accepted limits on free speech the content is always critical: slander has to be willful deception (content must be factually incorrect); incitement has to (under reasonable assumptions) lead to violence. Now consider the following two remarks:
White men are the cause of many atrocities and should be removed from power.
Jews are the cause of many atrocities and should be removed from power.
Both of these are at best, debatable and inflammatory but only one of them would roundly be called a hate crime. Why? The content of each is the same. The latter is a hate crime for no reason but that the speaker has the incorrect belief or feeling about the target. Hate against white men, not a protected group, is perfectly legal and acceptable. This leads to the second problem: egalitarianism.
Playing Fair
By definition hate speech laws (or just the idea of hate speech) requires the specification of protected groups. In short, it means some groups get special rights and protections.You may object that we should protect minorities from discrimination. We do. There are already anti-discrimination laws. No reasonable person could agree that "disparagement" is commensurate with unlawful discrimination. This would mean some groups have the de facto right not to be insulted. Further, who gets the power of deciding whose opinions alone get to be criminalized? For most of our history the answer to that question has been very clear: god and his friends. Thou shalt not covet has become thou shalt not dislike! The hymn is sung by secular authorities instead but the melody is the same.
The Con Game
Proponents of hate speech dictates have a powerful enemy: the US Constitution. In the 80's and 90's many colleges adopted broad speech codes. Many were struck down as too vague or incongruous with the first amendment. As a result many schools rebranded their policies as "anti-harassment" or "inclusivity". It largely remains to be seen how the newer policies will fare but there is good reason to think they will also fail legal standards. In 1992 the Supreme Court unanimously overturned the hate speech conviction of a youth that burned a cross on the lawn of a black family. If cross-burning isn't hate speech, what chance do you think there is that teaching catholic dogma in a Catholic dogma class is?
Changing the Channel
I know that most people who support policies like "inclusiveness" are good, well-meaning people. They seek an effective antidote to racism, sexism, and other nasty isms. I do too. The problem is they take the seductive, facile path of hey just make it illegal! Perhaps they don't realize they've made a terrible mistake, giving governments the awesome power to choose what beliefs are acceptable. No government or person should ever have such power which is virtually guaranteed to immediately corrupt leaders and be misused against the innocent. The founding fathers knew this and spoke at length-
While we are contending for our own liberty, we should be very cautious not to violate the rights of conscience in others... - George Washington
The way you fight primitive ideas and genuine intolerance is with social, intellectual, and political (but not legal) ostracism. You protest, op-ed, argue and appeal. You educate and elucidate. Yes it is hard, harder than outlawing your opponents thoughts but it does work and- bonus- doesn't create a repressive fascist society. You can't legislate away dumb. You can't outlaw ignorance. Roll up your sleeves and get to work.