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Letter to the Editor: Eliminating protected speech is never the answer

In his April 11 op-ed, Nicholas Wu mischaracterizes the Foundation for Individual Rights in Education’s determination that Princeton’s speech codes threaten students’ expressive rights. FIRE objects to section 1.2.1 of the conduct code —not “section 1.3.3” — because it allows Princeton to punish speech that “demeans, intimidates, threatens, or injures another.” This broad definition encompasses everyday speech like pointing out an error in a class discussion or trash-talking in an intramural sports game.

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It also arguably covers the Black Justice League’s statement discussed by Wu, which reads, in part: “[W]e are not beholden to working within the political frameworks dictated by the institution? ?… we are committed to … broadly dismantling structural racism … on our own terms.” A sensitive reader could interpret that statement as “intimidating” or “threatening” — and thus a violation of the speech code Wu defends. He may be correct that Princeton “is not on a path toward police-state levels of speech suppression,” but its broadly worded policy means it may go down that road whenever it wants.

Wu misunderstands the purpose of free expression. It’s unfair to expect Wu, who is not an attorney, to know that “clear and present danger” is no longer the standard for assessing threatening speech, but he should realize the folly of allowing “the will of the campus community” to determine whether “to eliminate” offensive speech. The purpose of free expression is to protect minority voices whether they be righteous or “reprehensible.” Eliminating protected speech is never the answer.

Catherine Sevcenko

FIRE Director of Litigation

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