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June 20, 2018

Note: Justice Talking's grant funding expired in 2008 and the project has been closed. This website is an archive of the entire run of Justice Talking shows through June 30, 2008.
It is no longer being maintained. We apologize for any stale or broken links.
Featured Program

Hate Speech and the First Amendment
Last Featured: 8/11/2002

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Note: Justice Talking ceased production on June 30 of 2008. Link information on this site is not maintained and is provided for historical interest only. Although correct when posted, The Annenberg Public Policy Center makes no claim as the the accuracy or continued availability of any third party web links found on this site.

Northwestern University has recently notified Michael Hale, the leader of a white-supremacist group, that he will be thrown off campus if he continued to distribute pamphlets containing hate speech. The action by Northwestern came after a Hale follower had murdered a Northwestern Coach and then took his own life. We`ll discuss how courts balance conflicting rights of free speech: those of the supremacists and those of a private University to control what happens on their campus.

Douglas Lee is a long-time free speech advocate and a legal correspondent for the Freedom Forum's First Amendment Center. A graduate of Northwestern University School of Law, Lee is a partner in the Dixon, Illinois law firm of Ehrmann, Gelback, Badger and Lee where he concentrates in civil litigation, business law and employment law. Before returning to Dixon, Mr. Lee was an associate with the Washington, D.C. law firm of Baker and Hostetler where he practiced in the areas of media defense, employment and general litigation.

Mary Ellen Gale is a professor of law at Whittier Law School where she teaches courses in constitutional law and civil rights. A graduate of Harvard University and Yale Law School, Ms. Gale has been a legal services attorney, a newspaper reporter, an editor and a political speechwriter. She has written extensively about the First Amendment. She is a past president of the American Civil Liberties Union of Southern California and a member of the ACLU national board.

Closing Quote
"We, in the world in which we live, are constituted through language. When we tell different stories, we are also inhabiting different worlds that our language constructs. Free speech and equality are two narratives that, in large measure, describe two different worlds. One tradition tells the story of people asserting their autonomy through participation, free thought and self-expression in the polity. The other tradition tells the story of a people whom communities and government conspire to exclude from any meaningful participation in the polity. The question then is not simply which does one choose but how may these issues be addressed without privileging one over the other."

— John Powell, law professor

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Special Announcements
Justice Talking’s last broadcast & podcast was June 30, 2008.

ATTENTION TEACHERS: Additional materials supporting use of this program in the classroom are available: ClickHere
Anti-Defamation League (ADL)
Thomas Jefferson Center for the Protection of Free Expression
The Brennan Center
First Amendment Center
The American Civil Liberties Union
The Southern Poverty Law Center (SPLC)
World Church of the Creator
American Communications Association, Freedom of Speech and Academic Freedom and Campus Speech Codes
Freedom of the Press, An Annotated Bibliography
Fighting Words
by Kent Greenawalt
Must We Defend Nazis: Hate Speech, Pornography, and the New First Amendment
by Richard Delgado and Jean Stefancic
Regulation of the Entertainment Industry
The FCC's New Rules for Media Ownership
Pornography and the First Amendment