Category: Speech

The issue of the Protection of Corporate Political Speech case is focused on the question: Why do corporations receive legal protections for political speeches, while they provide limitations to the companys accountability to people? The problem is that critics exemplify such corporations as Tyco, Enron, and WorldCom stating that their business failures lacked responsibilities for the employees, who suffered considerable losses, through the enterprises protection by the law.

The analysis of the case conclusion disclosed the fact that criticism should have been concentrated on the fact, that the Supreme Court treated the corporations as separate individuals. The concept of personhood in corporations business promotion provides the same legal protection to all the operations, as to every individual. It is necessary to underline the fact that the conclusion is related to the interrelation between personhood and political speech protection granted to every person, as well as corporation. (Kubasek, Browne, and Brennan, 1996)

The issue of the case Protection of Corporate Political Speech is referred to as its argumentative clarification on the basis of the First Amendment granting individuals free speech rights. It is necessary to stress that the case can be analyzed through legal reasoning found in 1889, Minneapolis St. Louis Railroad Company v. Beckwith, 129 US 26, when the companies were recognized as persons with the same legal protections to political speeches. (Protection of Corporate Political Speech, 143) Free speech right is combined with the Equal Protection Clause of the 14th Amendment, identifying that constitution framing of political speech protection should be promoted for all the parties, individuals, and corporations. The reasoning for corporations personhood is based on the right to vote, which is obtained by corporations as artificial persons. This leads to the idea that corporations impact political culture and laws through political speeches, and the limitations of their protective rights mean prohibition of their participation in any political process. The right to vote should also be prohibited in case of their deprivation of political speeches protection. (Kubasek, Browne, and Brennan, 1996)

There is a need to analyze legal reasoning in terms of its ambiguity. Persons are involved in participation in political processes through voting and political speeches. In case the corporations would not have the same rights, so they are discriminated against in their free political expressions.

On the one hand, the corporations are treated as persons and can have the legal protection of their political speeches; but on the other hand, corporations are said not to have equal political representation, though their rights for political speeches protections should be preserved, as a significant step in political realm equality. Political reasoning ambiguity is also based on the idea that the corporations political speech protection and promotion are not the same as the perception of these speeches by the population. Their rights to express opinions do not presuppose support of these opinions by the majority. So, the concept of personhood characterizing corporations participation in political processes can be treated through ambiguity; it provides protection for corporations political speeches and grants the rights to participate in political processes, though the law does not give corporations equal say and equal expression in the government at the same time. (Kubasek, Browne, and Brennan, 1996)

References

Kubasek, Nancy, Browne, Neil, and Brennan, Bartley. The legal environment of business: a critical thinking approach. Prentice Hall, 1996.

Protection of Corporate Political Speech. Thinking critically about Relevant Legal Issues. Constitutional Principles.

The debate on whether video games are considered forms of protected speech has been ongoing, as there is a large number of violent games that are seen as harmful for younger audiences. In 2011, the Supreme Court held that video games fall under the category of protected free speech. Thus, laws, such as the California 2005 law, that would prohibit the sales of violent video games to minor individuals without the supervision or consent of their parents or guardians would be considered unconstitutional (Patel).

Similar to protected literature, plays, and movies that have existed long before video games, the latter also transfer ideas and social messages with the help of multiple literary devices. Such devices may include music, characters, dialogue, and plot, which go hand-in-hand with players interactions with the virtual world. These characteristics of video games, whether violent or not, suffice to confer their protection under the First Amendment, which means that no restrictions should be allowed.

It is important to protect video games under Constitutional free speech law because, no matter how violent and graphic they may be, they represent an integral element of current culture. Video games, the same way as movies or books, provide social commentary on the current ways of life.

Moreover, they represent new ways to explore human relationships and the wider world (Schiesel). Therefore, critics of the Constitutional free speech law protection of video games should understand that video games can be learning tools for future generations. They do not encourage violence or unlawful behaviors among youth; rather, they provide a perspective on the reasons for violence among people and teach a lesson about the consequences of ones actions.

Works Cited

Patel, Nilay. Supreme Court Says Video Games Are Protected Free Speech, California Cant Regulate Sales of Violent Games: A Complete Analysis. The Verge. 2011. Web.

Schiesel, Seth. Supreme Court Has Ruled: Now Games Have a Duty. The New York Times. 2011. Web.

Holding

The school district was not prevented by the First Amendment from disciplining the respondent. When applied to children in a public school, the institution has the right to prohibit the use of vulgar and offensive terminology in public. It is up to the states and school boards of the district to determine the level of appropriateness in free speech and impose reasonable sanctions for circumstances such as this for purposeful use of offensively lewd speech that is not protected by the First Amendment. Furthermore, the school has a right to impose disciplinary sanctions for a variety of disruptive or unanticipated conduct violations that can interfere with the educational process.

Facts

A student Matthew N. Fraser at Bethel High School in Pierce County, Washington made a public speech to a mandatory assembly of 600 students aged approximately 14-years old. Fraser was meant to nominate a fellow student for the student elective office as part of a school-sponsored program in self-government. During the speech, Fraser referred to the candidate in an explicit, graphic, and sexual metaphor. Before the speech, he was warned by two teachers with whom he discussed the speech to not go through with it since it was inappropriate. The schools disciplinary code prohibited the use of obscene and profane language in the school. The following morning, Fraser was called to the assistant principals office where he had admitted to using sexual innuendo. Fraser was given three days of suspension and removed from candidacy for graduation speaker, the sanctions were held up by a subsequent review of the case.

Procedural History

The students father as guardian filed a lawsuit on behalf of Fraser in the U.S. District Court alleging a violation of the First Amendment and the right to freedom of speech. District Court ruled against the school for violation of freedom of speech and unconstitutionally vague conduct code. The Court of Appeals for the Ninth Circuit also rejected the school districts argument for disruption of the educational process and protection of minors from lewd language.

Issues

1. How should First Amendment be recognized within the context of public educational settings, particularly with minors?
2. What extent and control does the school district have on creating and enforcing its disciplinary code and imposing sanctions?

Rules of Law

The First Amendment clause of free speech does not offer a carte blanche for all types of speech. Some forms or categories of speech are given lesser or lack of protection by the First Amendment, including obscenity and speech integral to illegal conduct. Under Miller v. California, 413 U.S. 15 (1973), free speech is judged under contemporary community standards and is not protected if it depicts or describes offensive sexual conduct. The First Amendment recognizes the need to protect minors from exposure to vulgarity in spoken language (FCC v. Pacifica Foundation, 438 U.S. 726) and limitations on sexually explicit speech in public settings (Ginsberg v. New York, 390 U.S. 629).

Analysis

The common argument in lower courts referenced Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969) where students were disciplined for wearing black armbands to protest the Vietnam War. They argued that simply because Frasers speech was disruptive does not essentially differ it from the right to free speech ruled in favor of Tinker. However, the Supreme Court ruled that Frasers explicit sexual content speech differed from the passive non-disruptive political speech in Tinker. While school officials should allow expression of views, even controversial, the school board ultimately has the authority to determine which speech is appropriate and protection of students that may be offended by certain profanity language.

Conclusion

It is evident that Fraser intentionally utilized inappropriate language in his assembly speech despite being given forewarning about its violation of school discipline. This type of speech is not protected under the First Amendment, nor does it apply to educational settings where the school has the right to protect minors from lewd speech. The Supreme Court has dismissed previous decisions and ruled in favor of the School District in being within its rights to enforce disciplinary sanctions.

References

Bethel Sch. Dist. v. Fraser, 478 U.S. 675 (1986).

The First Amendment may be considered as one of the most crucial as it proclaims the freedom of speech and the press, which is vital for citizens of any democratic country. Students from American schools also possess these rights and may speak and express their thoughts freely. However, this is the case only unless school authorities have reason to believe that such expression will substantially interfere with the work of the school or impinge upon the rights of other students (Hazelwood School District v. Kuhlmeier, 1988). Hence, there are situations in educational institutions that require school directors and other authorities to violate the First Amendment. These violations happen by punishing the students who, on the one hand, use their rights for safety and freedom of speech and, on the other hand, take away these rights from other children.

However, in some situations, it is rather challenging to understand whether the school authorities are right for punishing a student, and what exactly should be done to handle the precedent correctly. For example, after recent events that were related to immigration reform, a group of students decided to come to school in t-shirts that represented national flags from various countries. These children were bullied by their fellow students with a variety of racial and ethnic slurs. The students used their right to express themselves freely; they were stating their ideas by wearing certain clothes, and there was nothing that would pose danger for other people in school (The American Civil Liberties Union of Arizona, n.d.). Those who bullied them also used the right to freedom of speech and expressed their own beliefs regarding the immigration reform violated the rules.

However, their ideas were violent, abusive, and hurtful comments broke another law, and were disrespectful. According to the disciplinary rule of the high school, materially and substantially interferes with the educational process is prohibited, including the use of obscene, profane language or gestures (Bethel School District v. Fraser, 1986). Hence, the children did not have any right to act as they did (Green, 2016). The bullies have to be suspended and, if they have acted like this before or will do that again, they should be deprived of some school privileges.

As for the students who wore the t-shirts, the authorities should explain to them that their school is not a place for stating political ideas, and such behavior violates the school order. It is not allowed to suppress student expression unless school officials reasonably conclude that it may substantially and materially disrupt the work and discipline of the school (Tinker v. Des Moines School District, 1969). Since this situation indeed disrupted the discipline, the students who came in the t-shirts should be warned and punished if they do that again.

Another example is the situation when the school director confiscates the cell phone that has readily visible sexually inappropriate messages on it. Since they are apparent, the director does not violate the law of not interfering with private life and property (Bittner, 2013). School authorities should meet with the student and his or her parents and find out whether the messages were sent voluntarily or the owner or anyone else may become hurt by them (ABCs of bullying prevention, 2011). Since schools are entitled to take steps to safeguard their students, they have to prevent any severe consequences (Morse v. Frederick, 2007). If any other student was involved in and suffered from these messages, the owner of the phone should be suspended; if not, it is up to his or her parents to decide whether to punish their child.

References

1. ABCs of bullying prevention: A comprehensive schoolwide approach k-8  Administrators & pupil services version [Video file]. (2011). Web.
2. Bethel School District v. Fraser, 478 U.S. 675 (1986).
3. Bittner, M. L. (2013). Beyond the schoolhouse gate: Students first amendment speech rights in the digital age. The Clearing House, 86(5), 174-178.
4. Green, L. (2016). Cyberbullying: Challenging legal issues for schools. Web.
5. Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
6. Morse v. Frederick, 551 U.S. (2007).
7. The American Civil Liberties Union of Arizona. (n.d.). A manual for Arizona public school students. Web.
8. Tinker v. Des Moines School District, 393 U.S. 503 (1969).

The reason Gorbachev chose the United Nation as the forum to deliver the speech had something to do with the target audience. The UN summit brought the worlds leaders together as well as other important personalities, institutions, and media. Gorbachevs topic of the speech was based on international relations and the need to change from ideology based relations to a more democratic environment (Gorbachev, 1988). The message was meant for the leaders of both powerful and weak nations. By choosing the United Nations summit, Gorbachev knew his message would be spread across the world. At the same time, the United Nations acts as a unifying body that brings all nations together in order to discuss and find solutions to problems facing the world. Therefore, by using the platform Gorbachev was giving a solution to one of the major problems that have created conflicts in international relations.

The term de-ideologizing relations among depicted the major subject of the speech. This term refers to the international relations that are not based on ideologies. Over the years, the Soviet Union, the United States, and other major world powers have been using their preferred ideologies to influence the political and economic status of other countries. Based on differences in interests and social problems created by the ideological influences in foreign countries, Gorbachev asserts that ideological relations have created conflicts over the years. In that sense, he argues that it is wrong to try to change the course of people by imposing foreign ideologies on them. In a democratic environment, nations should be given the freedom to make their choices (Gorbachev, 1988). As a result, international relations should be based on mutual understanding rather than ideological influence. He explains that the world is changing and the major powers must embrace the idea of freedom and sovereignty of individual nations.

When he said, force no longer can be an instrument of foreign policy, Gorbachev was condemning the use of military power in the modern world to influence foreign policies and international relations. Instead, foreign policies should be based on mutual understanding and the need to address human problems in a different way other than through military approaches (Gorbachev, 1988). The idea of eliminating military force as a way of solving political, social, and economic situations stemmed from Gorbachevs need to create a democratic space for all nations in the world. Subsequently, the Soviets would give its allies the freedom to pursue their interests. This would lead to the disintegration of the Soviet Union in the following years. Since its allies had the democratic space, they disintegrated into individual nations with unique interests and governance systems, which led to the collapse of the Soviet Union.

In terms of the future roles of the superpowers, Gorbachev foresaw a new approach to addressing the international crisis. The superpowers would have to reduce military influence in various nations (Gorbachev, 1988). Instead, they would support the foreign ideologies of other countries as long as they meant good for the people. The superpowers would allow democracy to prevail so that all nations can have the chance to create their governments, embrace sovereignty, and serve the interests of their people. They would withdraw military resources from various nations and reduce their possession of nuclear and other mass destruction weapons. Superpowers would only establish foreign policies based on mutual understanding between them and other nations.

References

Gorbachev, M. (1988). Gorbachevs speech to the U.N. 1988. CNN Cold War. Web.

Outlook and Biases of the Theodore Roosevelt in his The Strenuous Life Speech

Theodore believes that to realize success, you must live a strenuous life. It is a life of hard work and taking risks without being afraid of danger. According to Theodore, this kind of life brings joy and is important for both the mind and body. While peace is important, it will not bring success if one is lazy. The whole document is based on nothing else but hard work. Whereas Theodore believes that leisure is important, it is after hard work that one should enjoy the fruits of his labor. In most cases, a rich man will teach his son the importance of working to earn a decent living. The kind of work a person does should not matter be it arts, research or science.

People who only work for peace are not valued in America. A person who works his way through a difficult situation is of value to the nation. Everything in life is only gotten through constant effort. A simple life is not satisfactory in any way. The author is biased on what he believes to be a healthy state. For instance, to Theodore, men have to labor to provide for the family. However, a woman should be a housewife and give birth to the children. The children have to be taught from a young age to prepare and make them ready to face difficulties and not shy away from such responsibilities.

Theodore is against those who do not try to achieve their goals. For example, to be a superpower, America has always been ready to go to war. The country fought many nations and always emerged victorious. The state has a strong military suggesting that America must involve itself in the global affairs. The assertion is where the document drives its theme of a strenuous life. There is no other life to live apart from the strenuous life, which is of benefit to the nation. He believes in his countrys power, greatness and thinks that without hard work, it would not prosper.

Depicting the Subjects of a Particular Place

Different subjects from diverse places are mentioned in the document, and each one has various traits. Porto Rico is a small island with people who cannot govern themselves. Thus, it has to be governed by America who should work with the peoples interest in mind. Cuba can govern itself and is an independent state, but the people there are not secure due to political instability. They will be governed by America until they restore order in the island.

On the other hand, Philippine offers the greatest challenge to other states and the government. The island has three types of people namely pagans, Moslems, and Christians. These people are often at war and cannot manage self-governance. Hardworking individuals are described as successful, and people from Chicago are examples of citizens with the strenuous life and spirit.

The Broad Historical Significance

Theodore uses the history and origin of America to encourage his approach to life. He talks about the strength and workforce that created America. The Civil War illustrated the sacrifice and commitment of people in whatever one was doing. He continuously talks about Lincolns wisdom during the Civil War. Although many lives and wealth were lost, the Civil War proved that America was a great nation.

The people of Chicago are called great for choosing Lincoln who proved to have the American spirit. The war with Spain also worked in favor of the strenuous life. By deciding to fight America, he chose the hard way. They would have decided to surrender, but they decided to fight for their nation. People showed that one had to fight for what he believed was right. Hard work gives one the power that he deserves. The document acknowledges all those who made America a success since it helps the young generation to appreciate their past heroes.

The Moral and Political Judgments

Theodore believes in tackling issues and challenges. He believes that people have to do their part in bringing Cuba, Porto Rico, and Philippines under control. These challenges have to be met in a way that benefits the nation. It is better to try solving a problem even if the solution backfires than not trying at all. Every action taken has to be done with integrity and accountability. No public servant should be unfaithful to his duties and should always have the interest of the people in mind. Besides, people should be courageous and wise.

Politically, the army should be strongly built. It needs to be reorganized, and more people recruited. People should protect the nation and citizens need to have faith in the military. A proper legislation should be put in place, and the Congress needs to get insight and lessons from the war.

Introduction

1st of January 1994 is the most important day of my life, as it is the day I was born, the day I was given life by my parents for what I must thank them for the rest of their days. I also express my gratitude to all of you who came here to listen to my birthday speech. It is an honor for me to share my feelings about this day with you, and I hope you feel the same.

My birthdate in the World History

This day was not only the day of my birth; it was also the beginning of the International Year of Family (IYF, n.d.), the day Bill Gates got married (Melinda Gates, n.d.), and North American Free Trade Agreement finally going into effect (North American Free Trade Agreement, n.d.). It means a lot for me to be born in parallel with these important events.

Important political events like the Zapatista Uprising also occurred on 01.01.1994 (The Zapatista uprising, n.d.). It was also the day Karamazov brothers finally closed in New York after 50 performances (Historical events, n.d.). On that very day, Grand Night after Singing also closed after 52 performances (A Grand Night for Singing, n.d.).

My birthdate in my family history

The date of my birth is surrounded by various family events, the most notable one is that I was born on the 10 year wedding anniversary of my parents ! From that moment, 1st of January 1994 became an even more important day that it was before. My parents say that during my birthday the weather was exactly the same as at the time of their wedding.

Another interesting fact is that my uncle met his beloved at the very same day. Even now my uncle still jokes about me being some sort of his luck talisman that helped him to finally find the one he was looking for. Back then I would not probably give that much attention to these details, but now when I think about it, I do not believe that was just a coincidence.

Coincidences happen, but not that many, and especially during the New Year ! My Mom and Dad have always said that I was the best gift that they could ever get, and I feel the same way in a sense that the gift of the new life that they granted me with is something I will never forget. I sincerely hope that all future birthdays will be as memorable as mine.

There was also an another small event that happened in parallel with my birthday, like my younger brother finally receiving the present he wanted for so long  a huge remote control robot with lasers and noisy sounds. Little did he know that Santa also had another present for him. Perhaps not as wanted as that robot, but still the one that could be played with.

Conclusion

I am extremely glad to be born on this day not only because of these important events, but also because I was born at the beginning of the New Year, which is essentially the start of new life period for each of us, and I am glad to be a part of this new cycle in some way. Thank you for sharing this moment with me, and I am looking forward to hearing about your birthdays too.

References

A Grand Night for Singing. (n.d.). Web.

Historical events. (n.d.). Web.

IYF. (n.d.). Web.

Melinda Gates. (n.d.). Web.

North American Free Trade Agreement. (n.d.). Web.

Pornography and violence in the mass media are some of the most debatable and controversial topics in the modern world, especially in countries that tend to believe in the rule of law, democracy and human rights. While citizens is expected to enjoy the right to free media and freedom of speech, the media is the main framework through which violence, pornography and other unethical and illegal activities take place.

Specifically, pornography and media violence mainly target children and the young people, which is most likely to corrupt social morals. On one hand, Canadians need free media to enjoy their rights of free speech as citizens. On the other hand, the society must control pornography and media violence within the law and ethical norms. Therefore, the issue of striking the right balances between providing free media and controlling media violence and pornography is contentious in Canada.

Greenberg and Wilson (2001) developed one of the most comprehensive analyses of the topic focusing on Canada. According to the authors, a lot of information available from research is based on research studies done in the United States but generalized in the two countries. In addition, the authors point out that research on media representation of the young people in Canada only accounts for the disparities that exist between or within the media. To fill the gap, the researchers developed a critical analysis of the problem in Canada based on the concept of moral panic and a study on the coverage of youth violence in the Canadian media (newspapers).

From a theoretical analysis of the problem of youth violence and media coverage of youth activities, the authors tend to argue that the concept of moral panic exists in Canada. First, they uphold the existing theories of hegemony and ideology. They assert that the Canadian media seems to create or promote youth violence, making it appear as the most critical social problem facing the society. They fail to look at the deeper causes of the problems.

According to the authors, youth crime and moral decline are based on the breaking traditional family units. However, the media suggestion is mainly connected to the conservative discourse about feminine advances and development at the workplace. The media suggest that the absence of women at home leads to moral decline because women are no longer present to teach morals to their children.

In a research on media coverage of youth crime in Canada, the authors found that the media attributes causality to social structural issues at the expense of individual pathologies and problems. The media attempts to create a moral panic but fails to address the deep causes of these problems. In addition, the authors found that the media does not cite possible remedies to the problems.

Brannigan and Hardwick (2001) have attempted to develop an in-depth analysis of pornography and sex crime in the mass media. The authors argue that the media plays an important role in providing gender education, sex education and moral ethics to the target groups, including males, females, youths and the older generations. Nevertheless, the researchers found that the Canadian media also plays an important role in promoting and enhancing pornography and sex crimes, especially among the youths. In fact, the researchers found that the media was the major means of communication that perpetrates these crimes and social pathologies.

Thus, it is evident that the two sets of research work have shown that the media is partly to blame for the declining social morals as well as increasing youth crime in Canada. On the other hand, the analysis reveals that the media is an important tool for promoting youth and gender education on sex, norms and moral values. Therefore, it is clear that a method for striking the right balance between the freedom of expression (via mass media) and the social pathologies of pornography and youth violence is lacking.

References

Brannigan, A., & Hardwick, K. (2001). Pornography in the mass media and the panic over sex crimes in Canada. In C. McKie & B. Singer (Eds.). Communications in Canada society (pp. 298-306). Toronto: Thompson education Publishing.

Greenberg, J., & Wilson, B. (2001). Youth, violence, moral panic and Canadian media: News coverage of school shooting in the United States and Canada. In C. McKie & B. Singer (Eds.). Communications in Canada society (pp. 298-306). Toronto: Thompson education Publishing.

This video presents Dan Arielys speech at the TED Conference. This video item concerns itself with the decision making in our everyday life. Dan Ariely makes the emphasis on the fact that bad and improvident decisions are inevitable like taxes and death. He observes the role of moral codes, emotional states and peer pressure influences in decision making in economic sphere as well as in our private life. This topic is quite interesting for me as far as understanding the process of decision making helps to make more reasonable and good decisions.

Dan Ariely provides interesting examples during his speech to demonstrate how the concept of illusion influences our everyday decisions. Two examples with the length of the horizontal and vertical tables and the color of two squares show that a human mind is disposed to be influenced with the concept of illusion. In our real life, when we make important decisions, it may seem to us we are right but in fact, it is only the illusion of the rightness of this or that decision. More than that, Dan Ariely demonstrates how external factors or cunning policy of other people may influence our decisions. In fact, when we dont know what decision to make, we pick what has already been chosen for us. Ariely provides a wide range of examples of factors or propositions which seem firstly senseless but they influence a human mind and may predict their decision.

The example of two different propositions provided in internet, namely the costs of the print and web subscriptions demonstrates a cunning trick of the company. The web subscription costs $59, print subscription costs $125 and both of them also costs 125$. When there are three positions, most people choose the last one where both subscriptions cost 125$. If there is no the second position providing only the print subscription for 125$, the first position which is cheaper is more preferable. In fact, the second position is useless as far as no one chooses it but it helps to choose people the third one which doesnt differ from the second in price but includes two propositions for the same cost. We may observe how such interesting methods may influence our decision and we dont even pay attention to them. It seems to us that this decision is our own but it is only the illusion. In fact, we are caught in the toils and we make the decision which is expected from us to make. These facts and methods were new for me. I have not paid attention to these tricks before during decision making.

Another interesting example concerns itself with the appearance. Dan Ariely demonstrates two pictures of men, Tom and Jerry. In fact it is quite difficult to choose who is more handsome. When Ariely provides an ugly version of Tom, Tom seems to be the most handsome and when there is an ugly version of Jerry, Jerry is paid more attention from the girls. When people may compare between an ugly version and the original one, they choose the original one without any hesitations. But when there are two original versions such as Tom and Jerry, it is quite difficult to make a decision. This method is widely used in the economy that is why it is more profitable to provide an ugly version which makes the customer choose the best one.

This video has changed my point of view on the concept of illusion during decision making. This opinion based information with persuasive examples demonstrates the influence of other peoples tricks over our own decision making.

References

Ariely, D. Dan Ariely asks, Are we in control of our own decisions? Web.

What are the key components of the case presented?

The case analyzed focuses on what can be considered hate speech among the teaching staff, students, and other stakeholders within an institution of higher education. The case was based on San Diego State Universitys diversified community of students and teachers. Key components in this case include words that constitute threatening or intimidating speech, as well as how such situations can be handled, and measures that can be put in place to avoid such occurrences in the learning institutions. The case analyzes statements that can be considered hate speech and those used in light moments. This should be based on the context of the speech and choice of words. It gives a guideline on how intimidating speeches can be managed. It also provides a further directive on how to avoid hate speech and statements that may harm other members of the learning community.

How do you believe the university is attempting to support diversity and multiculturalism on the campus by use of this code or action?

The university has been working with all the relevant stakeholders to support diversity and multiculturalism on campus through various actions. Sporting events are some of the activities the university is using to promote diversity among the students. San Diego State University is also using music festivals to support multiculturalism. During music festivals, people of different cultures get the opportunity to showcase their music or dancing styles to the rest. Such events are followed by a cultural week where students and other members of the university are offered an opportunity to cook their traditional meals and share it with the other guests and participants. These events are meant to demonstrate that although we may come from different backgrounds, we have a lot in common when it comes to cultural practices. The university has also come up with the policies meant to deter attacks on cultural practices of students.

According to the Foundation for Individual Rights in Education, what are some of the criticisms associated with the code?

Regulating speech is very important in protecting the rights of the minority or those who are prone to intimidation from the rest of the community. However, this code has received criticism from the Foundation for Individual Rights in Education. The main issue is how to classify hate or intimidating speech. It is still not clear whether wordings or context of a speech should be the key in determination of negativity in speech. It is also not clear how to determine the magnitude of a hate speech. Some even argue that it limits freedom of speech (Young, 2014).

How would you suggest the institution address the problems with the speech code yet continue to maintain support for all members of the campus community?

The issue of hate speech cannot be ignored within this institution of higher learning. However, regulation should be done in a way that will ensure support for all the campus community members. Laws and regulations which have been put in place to limit hate speech should not be abolished. However, San Diego State University should develop more programs that will bring together members from different cultural backgrounds. A good way of starting such initiatives is to design a curriculum that encourages teamwork among the learners (Brown, 2009). This can be in form of projects that require teams of more than six people. The students should be encouraged to embrace diversity when selecting team members for such projects. For instance, a lecturer may reject a list of group members where gender or race balance is ignored. This will be a reminder to the students that in our society, we learn to stay as a unit despite our cultural differences in order to achieve success.

References

Brown, W. R. (2009). Doing diversity in higher education: Faculty leaders share challenges and strategies. New Brunswick: Rutgers University Press.

Young, C. (2014). Allegedly Threatening or Intimidating Speech: San Diego State University. Web.