Cases of Hate Speech in Public and Student Speech Scenarios

 
TABLE 3 PRESENTATION
HATE SPEECH
 
 
Daniel Webster Batchelder Inn of Court
December 7, 2022
 
INTRODUCTION TO HATE SPEECH
 
 
Hon. Andrew Schulman
 
PUBLIC EMPLOYEE SPEECH
 
PUBLIC EMPLOYEE SPEECH
 
Mr. Inspector: town building inspector for East Overshoe, NH
Mr. Inspector regularly uses Twitter and his public employee position
is easily evident from his posts
Mr. Inspector inspects new bathroom in townsperson’s home
New bathroom passes Mr. Inspector’s inspection
Townsperson displays a menorah in the home
 
PUBLIC EMPLOYEE SPEECH CONT.
 
Mr. Inspector later posts to Twitter:
“Anyone who has to go into a filthy home for their job should get employer
supplied HAZMAT suits. Especially during COVID!”
 
5 minutes later Mr. Inspector tweets a link to an article originally posted on a
Neo-Nazi website asserting that “[antisemitic slur] had been responsible for
all the historical plagues that had ever swept Europe.”
 
PUBLIC EMPLOYEE SPEECH CONT.
 
Ms. Townsperson sees the tweets and reports them to Town Manager
Ms. Townsperson also reports tweets to newspaper, which runs article
on Mr. Inspector and notes he sent antisemitic tweets several years
earlier
Town Manager fires Mr. Inspector
Mr. Inspector sues under § 1983 for First Amendment violation and
violation of RSA 98-E
 
STUDENT SPEECH
 
STUDENT SPEECH
 
Ima Bigott:  a 17-year-old high school junior and excellent student
and athlete
Bigott is also a bigot:  white nationalist who follows in parents’
footsteps
Attends demonstration at State House to support Anti-Woke-
Schools-Act
Bigott filmed chanting hateful slogans and video goes viral on Tik
Tok
 
STUDENT SPEECH CONT.
 
Other students stage “sick-out” in response to Bigott viral video
Nightly vigils held to protest Anti-Woke-Schools Act where Bigott’s
screaming image carried on signs
Principal suspends Bigott and demands apology, but Bigott refuses
Principal expels Bigott claiming Bigott caused sick-out and vigils and
disrupted school
Principal will let Bigott back into school if Bigott apologizes
 
ATTORNEY SPEECH
 
ATTORNEY SPEECH
 
Attorney Venom:
Solo family law practice in Keene
Licensed in NH & VT
Represents Cheryl in contentious divorce and custody battle for
daughter
Cheryl lives in VT
 
ATTORNEY SPEECH CONT.
 
Ramin:
Father to Cheryl’s daughter
Pro se 
in divorce action
Splits time living in Keene and Wells, Maine
Iranian heritage
Asks court to allow him to take daughter to Iran for summer
Claims Cheryl addicted to opioids
 
ATTORNEY SPEECH CONT.
 
Court-ordered mediation held by video conference
Court-ordered mediation held by video conference
Venom joins from VT with Cheryl and Ramin joins from ME
Venom joins from VT with Cheryl and Ramin joins from ME
Mediator Slim Merrow joins from Manchester, NH
Mediator Slim Merrow joins from Manchester, NH
Venom blows up and tells Ramin “any c
Venom blows up and tells Ramin “any c
ourt in this country is going to
find that you are a classic male @#$%^&* and your country is full of
#%$%^&&** [insulting and demeaning remarks].”
 
ATTORNEY SPEECH CONT.
 
Hours later, Venom repeats offensive remarks and personal opinions
verbatim at Inns of Court meeting
Ramin files PCC complaint against Venom in ME, NH and VT
Claims violation of Rule 8.4(g) because outburst at mediation:
motivated by animus against Ramin’s sex and national origin
Venom knew conduct had primary purpose of harassing Ramin
 
ATTORNEY SPEECH CONT.
 
Vermont reprimands Venom for violating Rule 8.4(g)
Imposes:
mandatory cultural and gender sensitivity training
3-month suspension for mediation statements
3-month suspension for Inn of Court statements (consecutive)
Venom files federal suits to declare that VT and NH Rules 8.4(g) violate
First Amendment
 
ATTORNEY SPEECH CONT.
 
Judge Evon Brusk, assigned jointly by VT and NH federal courts, strikes
down 8.4(g) as unconstitutional and enjoins discipline
Appeals taken to First and Second Circuit Courts
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The content discusses instances of hate speech in two different scenarios. In the public employee speech case, a building inspector's tweets lead to his firing and subsequent legal action. In the student speech case, a high school junior's involvement in a white nationalist demonstration causes disruptions and school expulsion. The interactions highlight the repercussions and complexities surrounding hate speech in various contexts.

  • Hate Speech
  • Public Employee
  • Student Speech
  • Legal Action
  • High School

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  1. TABLE 3 PRESENTATION HATE SPEECH Daniel Webster Batchelder Inn of Court December 7, 2022

  2. INTRODUCTION TO HATE SPEECH Hon. Andrew Schulman

  3. PUBLIC EMPLOYEE SPEECH

  4. PUBLIC EMPLOYEE SPEECH Mr. Inspector: town building inspector for East Overshoe, NH Mr. Inspector regularly uses Twitter and his public employee position is easily evident from his posts Mr. Inspector inspects new bathroom in townsperson s home New bathroom passes Mr. Inspector s inspection Townsperson displays a menorah in the home

  5. PUBLIC EMPLOYEE SPEECH CONT. Mr. Inspector later posts to Twitter: Anyone who has to go into a filthy home for their job should get employer supplied HAZMAT suits. Especially during COVID! 5 minutes later Mr. Inspector tweets a link to an article originally posted on a Neo-Nazi website asserting that [antisemitic slur] had been responsible for all the historical plagues that had ever swept Europe.

  6. PUBLIC EMPLOYEE SPEECH CONT. Ms. Townsperson sees the tweets and reports them to Town Manager Ms. Townsperson also reports tweets to newspaper, which runs article on Mr. Inspector and notes he sent antisemitic tweets several years earlier Town Manager fires Mr. Inspector Mr. Inspector sues under 1983 for First Amendment violation and violation of RSA 98-E

  7. STUDENT SPEECH

  8. STUDENT SPEECH Ima Bigott: a 17-year-old high school junior and excellent student and athlete Bigott is also a bigot: white nationalist who follows in parents footsteps Attends demonstration at State House to support Anti-Woke- Schools-Act Bigott filmed chanting hateful slogans and video goes viral on Tik Tok

  9. STUDENT SPEECH CONT. Other students stage sick-out in response to Bigott viral video Nightly vigils held to protest Anti-Woke-Schools Act where Bigott s screaming image carried on signs Principal suspends Bigott and demands apology, but Bigott refuses Principal expels Bigott claiming Bigott caused sick-out and vigils and disrupted school Principal will let Bigott back into school if Bigott apologizes

  10. ATTORNEY SPEECH

  11. ATTORNEY SPEECH Attorney Venom: Solo family law practice in Keene Licensed in NH & VT Represents Cheryl in contentious divorce and custody battle for daughter Cheryl lives in VT

  12. ATTORNEY SPEECH CONT. Ramin: Father to Cheryl s daughter Pro se in divorce action Splits time living in Keene and Wells, Maine Iranian heritage Asks court to allow him to take daughter to Iran for summer Claims Cheryl addicted to opioids

  13. ATTORNEY SPEECH CONT. Court-ordered mediation held by video conference Venom joins from VT with Cheryl and Ramin joins from ME Mediator Slim Merrow joins from Manchester, NH Venom blows up and tells Ramin any court in this country is going to find that you are a classic male @#$%^&* and your country is full of #%$%^&&** [insulting and demeaning remarks].

  14. ATTORNEY SPEECH CONT. Hours later, Venom repeats offensive remarks and personal opinions verbatim at Inns of Court meeting Ramin files PCC complaint against Venom in ME, NH and VT Claims violation of Rule 8.4(g) because outburst at mediation: motivated by animus against Ramin s sex and national origin Venom knew conduct had primary purpose of harassing Ramin

  15. ATTORNEY SPEECH CONT. Vermont reprimands Venom for violating Rule 8.4(g) Imposes: mandatory cultural and gender sensitivity training 3-month suspension for mediation statements 3-month suspension for Inn of Court statements (consecutive) Venom files federal suits to declare that VT and NH Rules 8.4(g) violate First Amendment

  16. ATTORNEY SPEECH CONT. Judge Evon Brusk, assigned jointly by VT and NH federal courts, strikes down 8.4(g) as unconstitutional and enjoins discipline Appeals taken to First and Second Circuit Courts

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