When Speech Gets Ugly

Sometimes people say terrible, hurtful and highly offen­sive things. They may use language that is hateful, racist, sexist, homophobic, transphobic, insults someone else’s religious or political beliefs, or is just plain mean.

Most of this ugly speech is still protected, free speech. That doesn’t make it right – it just means the university and other government agencies can’t censor it. 

CSU may use its own free speech rights on some occasions to condemn speech that is antithetical to university values and the Principles of Community, but it cannot censor or punish people for exercising their free speech rights unless they cross a line into unprotected speech that might involve criminal threats or behavior.


Dealing with Hateful Speech

The government – including CSU as a public university – generally can’t silence ugly or hateful speech unless it crosses a very specific line into unprotected speech.

That doesn’t mean that such speech doesn’t sometimes cause real harm. It does.

And individuals can use their own voices and respond in a lot of different ways, ranging from ignoring it to calling it out publicly on social media.

University community members may use counter-speech and counter-programming to combat hate speech, so long as they do not interfere with the rights of others to exercise their right to free speech.

Some speakers intentionally choose to engage in provocative speech to bait people into a reaction that they can record and post on social media channels. These speakers gain notoriety by being provocateurs. Sometimes, the best res­ponse to these speakers is not engaging at all.

Hateful speech can occur unexpectedly. The unpredictable nature of these encounters can leave us feeling unprepared when an incident occurs. 

If you remember these key points, however, you can effectively respond.


When is speech NOT protected under the First Amendment?
  • When it’s used to incite a breach of the peace
  • When it fits into a category of unprotected speech or involves criminal conduct
  • When non-verbal symbols are used to encroach on or desecrate private property
  • Acts of physical violence and threats

Freedom of speech is not freedom from consequences

Exercising your right to free speech comes with a responsibility to use that right thoughtfully and intentionally. That begins with those rights and how they apply to our own lives, work, and voices. You have the right to free expression, but that doesn’t mean that your speech will be free from possible consequences just because it is protected by the First Amendment.

While the university may not silence most hate speech, it can use its own speech to condemn specific acts of hate. Your peers may use counter speech in response to your speech. If you say some­thing offensive, you may find yourself publicly called out for it by others on social media or in other forums. Others may choose to ostracize you. People might decide to protest against a speaker you bring to campus.

Consequences can be particularly severe for social media users. An offensive post on your private social account can be spread widely and generate public backlash, impact your relationships with others, and follow you for years, inclu­ding when you are seeking employment or other opportunities.