Kylie Hubbard / The Daily Beacon
Campus community, the Rock sets stage for free speech battle Kylie Hubbard
Editor-in-Chief
Two occasions in two weeks—swastikas and other historically hateful symbols and phrases covered other messages on the Rock. Countless administrators have renounced the actions and the question remains of what exactly can be done to keep hate speech off of the rock. ’It’s public space’ Criminal justice attorney and partner in Eldridge and Blakney law firm Tasha Blakney said she’s unsure “how much control the public or the university can reasonably exert over” the Rock. Blakney drew on the example of a group protesting a funeral for soldiers killed in combat. As grieving family members attend the funeral, protesters outside of the funeral carry signs saying “Thank God for dead soldiers” or “God hates fags.” “These are despicable, horrible comments, but the courts have routinely said that the first amendment protects that speech too,” Blakney said. “And the picketing, even though I would dare to say the vast majority of us find that content of that speech to be absolutely appalling, but the picketers have the right to express those thoughts,” Blakney added. The handling of this scene is no different than that of the Rock, even as it sits on a college campus. “The fact that you’re in an educational com-
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munity, I think, really just goes to show that you probably have an even more varied set of ideals and philosophies,” Blakney said. “It should be a space where all viewpoints are welcome, even the ones that we don’t agree with, because that’s what the first amendment is supposed to do,” Blakney added. Regardless, Blakney said the state and U.S. courts have grappled with how to draw the line between free speech and legal wrongdoing. Fighting words, which have historically been defined as words that would invoke immediate violent response, have been the most frequent cases, but they have often been problematic because of the difficulty to define what constitutes as fighting words. “The reality is that our founding fathers, I think, would have wanted us to air on the side of caution and to say that, look, we might disagree with what you’re saying, but we will fight for your right to say it,” Blakney said. “Short of literally shouting fire in a crowded theater, I think that it’s the safer side of prudence and caution to avoid regulating speech as much as humanly possible.” ’Hateful acts’ that have stirred conversation on campus Hillel, a Jewish student organization, gathered at the Rock on the evening of Oct. 31 to paint the Rock in solidarity with those affected by the shooting at a Pittsburgh synagogue the previous week. The message read “Stronger than Hate” and was complemented by the Star of David. Around 7:30 p.m. on Nov. 2, the message was replaced with “Stronger through Hate” and the Star of David was covered with a swastika.
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Volunteer community members painted over the message with “Vol Means All” and orange hearts. “I am disappointed and deeply concerned, as are many members of our university community, that this symbol of hate appeared on one of our iconic campus landmarks,” Interim Chancellor Wayne Davis said in a campus-wide email on Nov. 9. “I want to make it clear that the university does not condone these actions or other acts of intimidation or intolerance. No one should feel unsafe because of their religious beliefs.” Junior studying journalism and electronic media Kate Luffman routinely paints the Rock on Friday evenings in anticipation for home football games. That evening, Luffman left the Rock alone. “I stood there and I saw the way that these messages affect those students and their beliefs and I was like, I can’t do that,” Luffman said. “I could tell it really affected them and they’re not going to care to see a football painting up there.” “Vol Means All, that’s important,” Luffman said. According to Luffman, the swastikas were not limited to the front of the Rock. “I would be painting and somebody would go to the back of the Rock and be like, Kate, can you come over here and paint over this?” Luffman said. “They’ll get up high, too, so they think other people can’t reach it.” A week later, Luffman painted the Rock with Smokey in a military cap and dog tags in honor of Veteran’s Day weekend. Following the game against Kentucky, the Rock was once again met with swastikas and other markings and was painted over shortly
Volume 136, Issue 27
after with “Love.” “I love the Rock,” Luffman said. “I love that anybody else can go and paint on it and I like seeing what other people do on it. But the fact that that was done, especially to my work after 9 hours ... it’s ignorant.” “I’m hoping it will just die off,” Luffman added. “But with all this stuff going on in the news, it’s hard to tell.” Campus community members respond to the incidents, look forward In response to the second incident, UTPD Chief Troy Lane expressed his concern regarding “any hateful speech directed toward individuals or particular groups” and said UTPD is “committed to being more thoughtful” in their responses to such incidents. To help combat the messages, UTPD has increased its physical presence in the Rock area and reviewed security footage from the area on Nov. 10. “(We) are in contact with local, state, and federal partners to do everything we can within the law to follow up on these matters,” Lane said in a statement. “The safety and security of our students, faculty, and staff is my top priority.” Lane encouraged campus members to continue to report incidents. Assistant Vice Chancellor for Student Life & Dean of Students Shea Kidd Houze expressed her own concern in a video announcement released Nov. 12. Kidd Houze based her message on conversations with students and administrators.
This story is continued on page 2
Monday, November 19, 2018