Cases of Hate Speech in Public and Student Speech Scenarios
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.
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Presentation Transcript
TABLE 3 PRESENTATION HATE SPEECH Daniel Webster Batchelder Inn of Court December 7, 2022
INTRODUCTION TO HATE SPEECH Hon. Andrew Schulman
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 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 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 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].
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
![Prevention and Combating of Hate Crimes and Hate Speech Bill [B.9B.2018]](/thumb/60513/prevention-and-combating-of-hate-crimes-and-hate-speech-bill-b-9b-2018.jpg)
