Friday, October 7, 2016

What Happened to the “Run Them (Blacks) Down” Law Professor?

Nothing, aside from an investigation and strong condemnation by his employer and a public apology by the professor. For many people, that is enough of a response. It disappoints me.
Here’s my thinking.
In 1919, Justice Oliver Wendell Holmes said in Schenck v. U.S.: “The most stringent protection of free speech would not protect a man falsely shouting fire in a theater and causing a panic. [...] The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger.”
Twitter allows instantaneous communication. The professor has more than 60,000 followers on Twitter. Many are drawn to his conservative perspective. His message, “Run them over,” was accompanied by a breaking news photo of black protesters unlawfully taking over a Charlotte interstate. See the photo above, and notice the car.
In my opinion, he created a clear and present danger to the protesters—and worse, it was a coded message to incite violence based on race.
The First Amendment protects ideas, even ugly ideas. That is why David Duke is able to spread his message of racial superiority of whites. That’s a rock-bottom awful idea, but it’s not an incitement to violence-- and it's therefore protected by the First Amendment. 
The professor, on the other hand, did incite his followers who were stopped on the interstate to harm these people.

One more observation. The law school could have done much less than fire the tenured professor. He moonlights as a contributor to USA Today (the paper suspended him for a month). Now, however, he has harmed the University of Tennessee’s reputation. One possibility is to deny him approval to moonlight because the university wants no association with his ideas. His tenure rights do not mean he also has a right to do columns for newspapers.

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