Whose free speech?

In 2016, 19 members of the East Carolina University marching band dropped to one knee during the playing of the anthem before a home game in Greenville to protest police shootings of African-Americans. The gesture sharply divided the campus and provoked a curt rebuke from then-Gov. Pat McCrory. Fans spat on and yelled racial slurs and obscenities at band members, who had to be escorted off the field by police.

The school’s chancellor, Cecil Staton, initially supported free expression as “part of our ECU creed.” But two days later, the band director announced that such actions would not be tolerated in the future.

Judging from his words, the attorney general would defend the band’s right to free speech even if he disagreed with the message. Wouldn’t he?

After all, Sessions said Tuesday in a speech at the Georgetown School of Law that colleges and universities are stifling students’ and outside speakers’ rights to express their views.

“A national recommitment to free speech on campus and to ensuring First Amendment rights is long overdue,” Sessions said. “Protesters are now routinely shutting down speeches and debates across the country in an effort to silence voices that insufficiently conform to their views.”

He added: “In most societies throughout history, openly criticizing the government or expressing unorthodox opinions could land you in jail, or worse.”

As the man who appointed him wants to do?

President Trump repeatedly has called for punishing people who “disrespect the flag.” Even though the Supreme Court has affirmed that flag desecration is protected by the Constitution, Trump tweeted in November: “Nobody should be allowed to burn the American flag — if they do, there must be consequences — perhaps loss of citizenship or year in jail!”

Trump not only personally attacks those who disagree with him, but he has suggested that both ESPN host Jemele Hill (for criticizing him) and that hundreds of NFL players be fired for expressing views that he objects to.

Maybe the president and his attorney general need to have a long talk?

To be certain, the power and limits of the First Amendment can be a puzzle. For instance, UNC-Chapel Hill Chancellor Carol Folt canceled an appearance by white nationalist Richard Spencer, citing safety concerns and that state law requires her to allow such speakers only if students or faculty had invited him. They had not. And is a protest by band members outside a football stadium at a public university OK, as Pat McCrory suggested in 2016, but not inside?

Finally, Sessions appears to favor one form of free speech over another. Very noticeably, he chose to bring up only conservative viewpoints as examples of suppressed free speech in his talk. But surely Sessions must realize that you can’t pick and choose. Or at least you shouldn’t.

Free speech is constitutionally protected, regardless of the point of view it espouses. (In fact, the biggest test of free speech is allowing people to express views we consider most objectionable or offensive.)

“There are those who will say that certain speech isn’t deserving of protection,” the attorney general told the Georgetown students and faculty (selected to attend by invitation only). “They will say that some free speech is hurtful — even hateful — but the right of free speech does not exist only to protect the ideas upon which most of us agree.”

Exactly. Based on those thoughts, you’d expect the attorney general also would support Lee Francis, the high school teacher in Fayetteville who lost his job after stomping the flag — not as a political statement, but as part of a classroom lesson … on free speech.

http://www.greensboro.com/opinion/n_and_r_editorials/our-opinion-whose-free-speech/article_34f2ebba-9ea4-53a3-993a-cae36abffca4.html