When Free Speech Becomes Hate Speech: A Fine Line

Image Source: Salarnu, Ben Franklin, Founder of U Penn, April 23, 2011, Flickr. Accessed January 16, 2024. https://www.flickr.com/photos/solarnu/5645779989.

By Samantha Graines

Samantha Graines is a first-year student at the University of Pennsylvania’s College of Arts and Sciences studying Politics, Philosophy, and Economics.
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On Penn’s campus and other universities across the nation, students have been taking to marching, rallying, and protesting as a form of activism over the past few months in light of the Hamas-Israel war. These nationwide protests have spurred heated conversations about freedom of speech, hate speech, and their implications to resurface. In light of the rise of public hate speech, it has become evident that government officials and university administrators need to clearly establish the distinction between hate speech and freedom of speech, while simultaneously condemning hate speech and the violence it can incite.

The First Amendment to the United States Constitution defines and protects freedom of speech as follows: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” [1] While the definition of freedom of speech is clearly outlined in the foundation of the U.S. government, there is no such definition of hate speech, a cardinal limitation of free speech.

This gray area between freedom of speech and hate speech is a dangerous territory. When U.S. citizens walk the line between free and hate speech, minority groups, particularly those on college campuses where self-expression is typically encouraged, are often left feeling targeted and scared for their safety. According to a 2022 survey conducted by the Knight Foundation of 1,000 individuals aged 18-24 enrolled in higher education institutions, 20% of individuals reported feeling unsafe on their campuses and 34% of individuals felt uncomfortable on campus due to a comment directed at them which targeted their respective identities. [2] Deliberate dialogue and policies regulating hate speech are an important step in limiting the number of individuals who do not feel safe on campus. 

The “Unite the Right” rally which took place at the University of Virginia, Charlottesville in 2017 is an example of how hate speech can lead to violence. Hundreds of individuals marched in Charlottesville as a result of the decision to remove the statue of Confederate General Robert E. Lee. Chanting “blood and soil,” a Nazi slogan which called for the desire for the German homeland to be racially pure, as well as “white lives matter,” the individuals marched through campus where they were met by civil rights activists. [3] The next day, individuals marched through the city. From counter protests to rallies, violence ensued. As a result, one individual died and at least twelve were injured. [4] The march, filled with hate speech, led to violence and death. Although this demonstration was condemned, very little action has been done to tackle the root of this issue: hate speech. In May of 2019, United Nations Secretary-General António Guterres stated: “Addressing hate speech does not mean limiting or prohibiting freedom of speech. It means keeping hate speech from escalating into something more dangerous, particularly incitement to discrimination, hostility and violence, which is prohibited under international law.” [5]

Furthermore, the prevalence of hate speech allows individuals to feel as if they have permission to act in a harmful way, free of consequences. Students on college campuses, specifically students of color, feel unsafe on their college campuses as a result. Between the academic school years of 2017 and 2019, the Anti-Defamation League (ADL) documented 605 cases of white supremacist content (fliers, stickers, posters, etc.) on college campuses. [6] There is a direct correlation between hate speech and students feeling as if they are in danger on campus.

Government authorities and university administrators ought to draw a more finite distinction between hate speech and free speech to avoid the verbal and physical violence that hate speech all too often leads to. Recently, there has been an uptick in anti-Semitic and Islamophobic attacks as a result of the Israel-Hamas War. [7] College campus protests have been filled with violent rhetoric that prompt these attacks. 
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On October 26, a pro-Palestinian protest took place on Tulane University’s campus that included the burning of an Israeli flag, Jewish students being physically attacked, and counter-protests. [8] This protest led to many Jewish students feeling unsafe on their college campus. Jewish Insider spoke to Jewish students on Tulane’s campus after the protest: “‘I’m scared to go to class,’ Eliana, another Jewish Tulane student, told JI. ‘I stayed in my dorm for hours until I knew the rally was over – until I got text messages from Jewish groups saying it’s safe for students to come out.’” Unfortunately, individuals at Columbia University, Cornell University, University of California, Berkeley, and countless other universities share this sentiment. 

Repeated chants like “from the river to the sea,” often heard at these protests, suggest that Jewish individuals and Israel should be wiped off the map. This statement is hateful and incites violence. Why is this allowed?

In addition to Jewish students being victims of antisemitism as a result of the prevalent hate speech, Muslim students across college campuses have also experienced violence as a result of hate speech. Palestina Legal—an organization that represents individuals who have suffered from publicly supporting Palestinians—has recently received more than 400 requests for help from Palestinian students who have been threatened with violence, Islamophobic, and anti-Palestinian messages according to senior staff attorney Radhika Saniath [9]. 

It is naive to think that this influx of Islamophobic rhetoric as well as anti-Semitic rhetoric has no correlation with the pervasive hate speech on college campuses. 

The line between hate speech and freedom of speech is fragile and many individuals choose to toe the fault line between these two, a phenomenon that has been magnified by the Internet. However, it is the responsibility of the U.S. government, university administrators, and all of us to work towards a distinction between hate speech and free speech that protects humanity. 

Although hate speech is permitted, it should not be protected. There must be rules and teachings in place to address the intolerance that is inherent in hate speech. Words have power, and with power comes responsibility. America needs to take responsibility. Universities need to take responsibility. We need to act responsibly.

[1] "Bill of Rights Transcript." National Archives, https://www.archives.gov/founding-docs/bill-of-rights-transcript#:~:text=Bill%20of%20Rights.%22-,Amendment%20I,for%20a%20redress%20of%20grievances.
[2] "Fewer Students See Freedom of Speech as Secure." Inside Higher Ed, 26 Jan. 2022, https://www.insidehighered.com/news/2022/01/26/fewer-students-see-freedom-speech-secure.
[3] Lord, Debbie. “What Happened in Charlottesville: Looking Back on the Anniversary of the Deadly Rally." The Atlanta Journal-Constitution, August 10, 2018
https://www.ajc.com/news/national/what-happened-charlottesville-looking-back-the-anniversary-the-deadly-rally/fPpnLrbAtbxSwNI9BEy93K/.
[4] "Charlottesville White Nationalist Rally: Clashes in Virginia." Time, https://time.com/charlottesville-white-nationalist-rally-clashes/.
​[5] "Hate Speech Versus Freedom of Speech." United Nations, https://www.un.org/en/hate-speech/understanding-hate-speech/hate-speech-versus-freedom-of-speech.
[6] "White Supremacists Increase College Campus Recruiting Efforts by a Third." Anti-Defamation League (ADL), June 26, 2019 https://www.adl.org/resources/press-release/white-supremacists-increase-college-campus-recruiting-efforts-third.
[7] Shah, Simmone. "Muslim and Jewish Hate Crimes Surge During Israel-Hamas War." Time, October 18, 2023 https://time.com/6324995/muslim-jewish-hate-crimes-israel-hamas-war/.
[8] Cohen, Hayley. "Pro-Palestinian Protesters Assault Several Jewish Students at Tulane." Jewish Insider, October 27, 2023 https://jewishinsider.com/2023/10/pro-palestinian-protesters-assault-several-jewish-students-at-tulane-2/.
[9] Cineas, Fabiola. "Hate crimes against Muslims, Jews, Palestinians, and Arabs are spiking — and many fear they’ll only get worse." Vox, October 31,2023 https://www.vox.com/23930119/hate-crimes-muslims-jews-palestinians-arabs-fear.

The opinions and views expressed in this publication are the opinions of the designated authors and do not reflect the opinions or views of the Penn Undergraduate Law Journal, our staff, or our clients.