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Speech costs questioned I
By Ted Taylor
Staff Reporter
Former National Endowment of the
Arts chairman John Frohnmayer posed
this question to a small number of law
students and faculty Monday:
“Should the law respond to hate
speech?”
Frohnmayer answered his own
question with a qualified yes.
“1116 law currently protects hate
speech,” he said. “I’m not for chang
ing that.
“The law protects it, but we are not
without remedy,” he told those on
hand at the UNL College of Law. “We
must vigorously object to it when it
comes up — and vocally.”
Frohnmayer, who left the NEA
three years ago, is on campus this
week speaking to students on First
Amendment and arts issues.
He cited cases involving govern
ment protection of hate speech and
addressed how the government and
society react to such issues.
••••••••••••••••••••••••<
“We all have a responsibility to
speak out even if it is in the line of
fire,” he said. “Silence put us in the
league of the haters. We endorse it if
we remain silent.
“It can be costly to have convic
tions,” he said, “but we must be will
ing to pay the price of free speech.”
He told the audience that the root
of change was within.
“We cannot leave it to the law to
change the attitudes of hate,” he said.
“I see this more as a moral issue than
a legal one — we must cleanse and
evaluate ourselves first.”
Frohnmayer said that government
intervention to suppress hate speech
—and more broadly, the First Amend
ment — would not be prudent.
“It would be more detrimental to
this nation if we tried to pass laws that
prohibit hate speech,” he said. “That
would cut too broadly into the First
Amendment.
“If we are never offended by
speech,” he said, “the First Amend
ment is not working.”
Phillips
Continued from Page 1
will be on Mr. Phillips,” Griesen said.
• Phillips must attend two coun
seling sessions a week and one psy
chiatrist session a week during the fall
1995 semester. During the spring 1996
semester, Phillips also must continue
to receive counseling.
• Beginning next week, Phillips
must complete two hours of commu
nity service each week:The university
judicial affairs director will assign the
task that could range from outdoor
work to office help.
“I would not expect it to be in the
athletic department,” Griesen said,
declining to give specifics on where
Phillips would perform his commu
nity service.
• For the rest of the 1995-96 aca
demic year, Phillips will be required
to attend all classes and report any
missed classes to the judicial affairs
director.
• Phillips will be on conduct pro
bation until May 1997. If additional
charges are brought against Phillips
•••••••••••••••••••••••••<
“We’re trying to treat
Lawrence as we would
any other student. ”
JAMES QRIESEN
Vice Chancellor for Student
Affairs
during this time, the sanctions will
become more severe.
“We’re trying to treat Lawrence as
we would any other student,” Griesen
said.
It is unclear who is paying for
Phillips’ counseling at the University
Health Center. Student fees pay for a
portion of health center services, but
not repeated counseling sessions.
“That’s a private matter between
Mr. Phillips and the university,”
Griesen said.
Student privacy rights are protected
by federal law. However, Phillips
agreed to have his sanctions made
public last week.
Griesen said Phillips accepted the
»••••••••••••••••••••••••
six sanctions.
“You should understand, however,
that failure to conscientiously comply
with each of these sanctions, or any
further behavior that constitutes a vio
lation of the code, will almost cer
tainly lead to your suspension from
the university,” Griesen wrote Phillips.
Phillips was charged Sept. 27 by
the University Judicial Board. He de
cided to have Griesen and Linda
Schwartzkopf, director of judicial af
fairs, review the case, instead of hold
ing a hearing before a board of five
students and four faculty members.
“In this particular case, we had the
full cooperation of Mr. Phillips,”
Griesen said. “We do believe the sanc
tions are substantial and appropriate.”
Griesen said Phillips’ punishment
was similar to sanctions given to other
students in similar cases. However,
Phillips’ case has attracted much more
publicity.
“Mr. Phillips expressly wished the
sanctions be made public,” Griesen
said. “He’s very sorry.”
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