PROBIOUS WORDS–SOME THOUGHTS
I know that I am going to be dating myself, but I am going to ask the question: What happened to probious words-fighting words being prohibited speech?
In criminal law, we learned that probious words were fighting words. Words that are unsayworthy, not fit to say because of its offensiveness. In the black venacular we would call them the “your mama” words. These words can be expected to provoke fights. White and black groups are entitle to and have First Amendments. Your free speech rights end when you threaten the lives of others with that speech. Hence, this is why making terroristic threats is a crime in most states. All hate speech is not protected if it is followed by a threat to kill others especially if you have a past history of acting on your threat.
The Klu Klux Klan is not entitled to First Amendment Rights in this country. The Klan is a domestic terrorist group with a history of murder, rape, lynching, burnings, bombing of Black churches and schools and terror. The only place a murderer and conspirator to commit murder should have free speech is in a court of law where they are being prosecuted for their crimes. America cannot normalize the Klu Klux Klan, its speech or behavior. They cannot be allowed to continue their reign of terror on unsuspecting innocent people. The Klan has taken off its robes and feels free to walk in public and kill evidenced by the murder in Charlotteville. When you join a conspiracy, you are responsible for all the crimes members of the conspiracy has committed. No Klu Klux Klan member has unclean hands if he joins an organization with that name.
Any group has the right of peaceful assembly. However, we must not have a double standard. Would we allow ISIS to have open meetings in this country to enlist members to engage in terroristic activities against this country and its citizens? What is the difference between ISIS and the Klu Klux Klan. From where I sit, there is no difference. They are both hate groups who kill ruthlessly without much rhyme or reason. One states it has a religious base and one has a racial base. Both kill innocent people for irrational reasons. If we allow one to assemble, we should allow both to do so. They are both murderers of the innocent.
In my mind, there is a reason why we do not allow people to incite riots or engage in speaking “probious words–fighting words”. These words tend to cause breaches the peace. If you know that a group’s intent is to cause riots or breaches of the peace, do you have to allow them to breach the peace in your yard or a public yard? This is the issue most colleges are going to be facing with the white supremacy groups. They have shown their intent. The issue is how will society respond?
