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UNC’s First Amendment Day keynote speaker champions right to offensive speech

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Mary-Rose Papandrea, an associate professor at Boston College, gives her address to students and faculty on Tuesday night. Her lecture, entitled "Students, Social Media, and the First Amendment" was organized by the UNC Center for Media Law and Policy and discussed the limitations the US Supreme Court has placed on students and government officials regarding the First Amendment.

The right to offensive speech was passionately defended Tuesday in the University’s third annual First Amendment Day keynote address.

Mary-Rose Papandrea, keynote speaker and an associate professor at the Boston College School of Law, said offensive language should be protected, particularly in the age of social media.

“We’re better off if we know what people think,” Papandrea said.

She said complete freedom of speech, not censorship, is an effective counter to offensive speech because censorship infringes on First Amendment rights and the nation’s strong commitment to the marketplace of ideas.

Papandrea delivered the address in a playful tone and presented detailed accounts of Supreme Court cases dealing with freedom of speech in the public sphere.

Highlighting the controversial case Tinker v. Des Moines as the peak of student expression, Papandrea traced the dramatic decline of speech rights in public schools.

Since that case, courts have addressed and deferred free speech controversies to school officials, she said, adding that First Amendment rights have been infringed upon by controlling school officials.

Citing more recent cases in which students were punished for lewd or offensive social media posts, Papandrea focused on the restrictions of rights and compared students’ free speech rights to those of prisoners.

Problems of overactive school officials are now exacerbated by social media because schools are policing the private spheres of students’ lives by censoring online media, Papandrea said.

She said while social media has the potential to be negative, it can also can have positive effects.
She said there are bigger problems underlying offensive speech, and censoring it won’t solve the problem.

“Twitter is not the problem, it’s the symptom,” she said.

She encouraged the audience to look beyond the First Amendment and focus on getting more laws passed to strengthen protection for freedom of speech.

About 100 people attended the address, titled “Students, Social Media and the First Amendment,” in Carroll Hall.

Juniors Courtney Brown and Ben Long said they found the discussion very interesting, and said they enjoyed her focus on public schools.

Senior Erin Holcomb said students have to be aware of school policies when expressing opinions.
“It’s necessary for kids to understand that, while they have a First Amendment right to publish things online, they are still subject to the University and the legal procedures that lie within,” she said.

Contact the University Editor at university@dailytarheel.com.

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