Atmosphere of Expression

• Hate speech has no legal definition or widely accepted definition.  It generally is understood to mean hurtful or offensive speech, especially if it targets certain groups or individuals.  This includes racial slurs and other similar expressions of prejudice.   
• The ACLU makes a compelling case for why hate speech codes are not effective in combatting white supremacy, discrimination, and bigotry.  We recommend reading their full Speech on Campus report.  However here are some of the points they present: 
  • Campus speech codes “place the power to decide whether speech is offensive and should be restrained with authority figures — the government or a college administration — rather than with those seeking to question or dismantle existing power structures.” 
    • This has resulted in unintended consequences, including a university speech code in which 20 cases were brought against black students by white students, resulting in one black student being punished by the university, while no white students were punished for racist speech.   
  • Censoring speech on campus does not protect students from “the harsh realities of an often unjust world.” Censorship does not change or end those offensive views/ideas (a better goal may be to expose and root out bigotry and intolerance).  In fact, censorship can often bring more notice/sympathy to offensive speakers by making them martyrs. Censoring speech also deprives students of valuable opportunities- these views must be heard, understood, and confronted by those who wish to make a better and more just world. 
  • Fighting for the rights of offensive/hateful speech has been a critical building block of the fight for equal rights.  The legal precedent set by a 1949 case that defended a speaker’s right to deliver an anti-Semitic speech was critical in defending civil rights demonstrators in the 1960s and 70s. 

• “In case after case, courts across the country have unequivocally and uniformly held speech codes at public universities to be unconstitutional.”    
  • In landmark cases such as Doe v. University of Michigan, UWM Post v. Board of Regents of the University of Wisconsin, and Dambrot v. Central Michigan University, courts ruled that speech codes which gave the administration the ability to punish students for speech that demeans others on the basis of race, religion, etc. were overly broad and in violation of the first amendment. Source

• It can be understandably frustrating for students who feel that their university is giving a platform to a controversial speaker or objectionable demonstration.  However the university may not be the entity inviting or sponsoring the objectionable speaker/content, and its power to silence such speech is limited, as in the following situations: 
  • If it is actually a registered student organization or faculty department that invited the speaker and organized the event, college administrators cannot dictate to student groups what speakers they can and cannot invite, based on the content or viewpoint of those speakers.  Similarly, faculty departments are protected by academic freedom in their ability to invite speakers whose views administrators may not agree with.  Students are free to engage in dialogue with the groups who invite speakers.
  • Members of the public may be exercising their right to free expression in the public forums of campus. By Pennsylvania law, all property owned by the university is public property, and members of the public have the right to expressive activity on campus. There are limits (such as location, not being so loud to disrupt classes or other university business, not being permitted to impede pedestrians or follow and harass individuals, etc.); however, the university is unable to prevent this from happening. Students who encounter objectionable content expressed by members of the public on campus are invited to explore the options in the next section.

• The University takes an active role in combating hate, creating a more equitable and inclusive campus community, and upholding our values.   
  
  • We address and punish speech that is not protected- targeted threats and harassment, as well as discrimination. If you witness an act of discrimination or harassment, complete the Discrimination/Harassment Report Form.
  • We state our values, vision, and mission and align the work of all programs and departments to achieve these stated aims. 
  • We proactively educate our community on issues of power, privilege, social justice, implicit bias, and microaggressions.  We believe talking about and educating around these issues is more effective at addressing the underlying causes of bigotry and intolerance. 
    
    • The Office of Equal Opportunity and Compliance (OEOC) provides educational opportunities and facilitate training that promote a greater understanding of identities, inequities, multiculturalism, inclusion and social justice. OEOC offers trainings on a variety of topics, including cross cultural communication and conflict resolution, inclusive leadership, implicit bias, planning accessible and inclusive events, and more. 
    • The Frederick Douglas Institute is an educational and cultural resource for advancing multicultural studies across the curriculum and for deepening the intellectual heritage of Frederick Douglass, the former slave, distinguished orator, journalist, author, and statesman. 
  • In response to expressive activities that may be harmful, we support discourse, dialogue and education.  
    • One example is the partnership WCU has undertaken with the Constructive Dialogue Institute, a nonprofit, nonpartisan organization committed to promoting positive, constructive communication across differences.  To learn more about CDI’s online learning program, Perspectives, click here.  West Chester students, faculty or staff who are interested in participating should contact Helen Hammerschmidt, Associate Vice President, Communication, Operations & Strategy.

These research-based reminders are taken from the Constructive Dialogue Institute:  

Research shows that we tend to overestimate the differences between ourselves and others who have different stances on political issues  This perception gap could exacerbate how upsetting it may feel to encounter offensive speech. 

If we see a speaker saying something offensive, and no one directly arguing with that speaker, we may assume that the extreme views of the speaker are normal, and that others walking by (and not vocally disagreeing) feel this same. This assumption is likely inaccurate for two reasons:

1. First, research shows that extreme voices tend to arouse the most notice, but most people do not agree with the most extreme stances (on the political left or right).
2. Also remember that all of us are influenced to some degree by the bystander effect. This means it is highly likely others disagree, may be upset as well, or even are wrestling with confronting the speaker themselves. Many studies have thoroughly documented that people are less likely to take an active role in confronting someone when others are around, in part because they worry they might be the only person who disagrees. This same research has also demonstrated that when one person “steps up” and confronts a problematic situation, others who feel the same usually join in and support that person. (Source)

Finally, some speakers are trying to provoke a reaction from their audience and try to make their message as offensive as possible in order to provoke this kind of reaction. In Lesson 5 of CDI’s Perspectives program, they talk about the “Panic Zone” when you are confronted by something someone says or does that is so offensive you experience a kind of shock. People may respond in different ways: Freeze, Flight or Fight. Lesson 5 shares strategies for what to do if you find yourself in the panic zone.

Citations:

• https://constructivedialogue.org/
• https://constructivedialogue.org/assets/Lesson-2-One-Page-Summary.pdf
• https://constructivedialogue.org/assets/Lesson-5-One-Page-Summary.pdf
• https://www.apa.org/pi/health-equity/bystander-intervention

• We all have stress in our lives and encountering speech that seems to target something very personal to us can add to existing challenges and create distress. Per the strategies suggested in the section above, if you are feeling upset or overwhelmed, it is often best to remove yourself from the situation and attend to your needs first. 
  
  • Processing an upsetting encounter with a trusted friend or family member can help mitigate the impact. 
  • Counseling and Psychological Services offer a variety of resources and services, including individual and group counseling, crisis intervention, consultation, and educational workshops.  
  • Wellness Promotion offers wellness coaching, online or in-person interventions on a variety of topics including sleep, gratitude, substance use, and other wellness topics.
  • Finding communities of like-minded individuals can have a supportive and empowering effect. There are links to find active student organizations on campus in the “Educate and Empower Yourself” section below!

• Counter-speech can be a meaningful response to legitimate but objectionable speech.   
• Students should ensure their counter-speech is also in line with the expectations for expressive activity (for example you may not “shout down” or otherwise try to silence the speech of another person/group engaging in legitimate expressive activity). 
• Counter-Speech “can take many forms such as challenging, debunking, or critiquing harmful speech, amplifying alternative viewpoints, providing accurate information, and fostering empathy and understanding.”  
• We suggest the guides from Futurefreespeech.org and PEN America (both non-partisan, nongovernmental groups), which include additional strategies, considerations and helpful examples of counter-speech. 

• Students should be mindful that some speakers may want to cause an emotional reaction from others.  Providing that reaction and increased attention may be giving the speaker what they want and can encourage rather than discourage the speaker to continue or repeat their offensive expressive activity.   
• One form of this is counter-programming; drawing people positively to another location/message and away from one that you disagree with.

• If you’re reading this, you’ve already taken an important step- learning the options and limits for free speech and responding offensive speech on campus.   
• The Office of Equal Opportunity and Compliance (OEOC) provides educational opportunities and facilitate training that promote a greater understanding of identities, inequities, multiculturalism, inclusion and social justice. OEOC offers trainings on a variety of topics, including cross cultural communication and conflict resolution, inclusive leadership, implicit bias, planning accessible and inclusive events, and more. 
• West Chester University is currently piloting a program in conjunction with the Constructive Dialogue institute.  As part of this pilot, classes and student groups can receive access to online and in-person training opportunities, designed to “equip students with the skills for conversation, collaboration, and problem-solving across differences.”  For additional information contact Helen Hammerschmidt, Associate Vice President, Communication, Operations & Strategy 
• It can also be helpful and empowering to get involved!  Here are some of the many ways students can do that: 
  • Student Government Association 
  • Learn about and join student organizations via RamConnect (WCU login required).  There are over 400 active groups on campus, including groups that focus on: 
    • Diversity Equity and Inclusion
    • Politics and Activism
    • Publications and Media
    • Service
    • …and more! 

• Though offensive speech is permitted, we encourage students to report any speech or activity that is not permitted by law or University policies.   
  
  • If you feel there is imminent danger to any person, dial 911 or use any of the Emergency Phones located across the campus to call for assistance.  
  • If the situation is not an emergency but your concern is with the behavior of nonstudents or you otherwise feel an in-the-moment response is required, contact Public Safety (non-emergency line 610-436-3311 or x3311). 
  • If you encounter activity that is disrupting classes, or other university programs/events, or otherwise not in line with the Time, Place, and Manner for Expressive Activities Policy, report a Student Conduct Violation (or contact Public Safety if the actors are nonstudents). 
  • Harassment or discrimination- saying offensive or bigoted things to passersby does not qualify as harassment, but someone following another person and/or contacting them multiple ways (text, social media, etc.) while saying offensive/upsetting things, may qualify as harassment. If you witness an act of discrimination or harassment, complete the Discrimination/Harassment Report Form.
  • If you are concerned for the health and safety of a student (witnessing strange or destructive behavior), complete a CARE Support Services Referral Form.