Is Hate Speech Free Speech? 

Texas State University students counterprotest hateful signs

The day after Donald Trump won the 2024 election, two men stood in the middle of the Texas State University campus holding hateful, misogynistic, and homophobic signs. One sign read “Homo Sex is Sin” on one side, stating that sodomy is “Worthy of Death” on the other. A second red sign read “Women are Property,” listed “Woman, Slaves, Animals, Cars, Land, etc.” as types of property on the back. The men reportedly identified themselves as members of a group called Official Street Preachers and were not affiliated with the university.

The following day, Texas State University’s president, Kelly Damphousse, wrote a letter to the university community, directly acknowledging the incident and condemning the men’s messages. Damphousse also noted that other Texas schools had recently seen similar incidents and that he had witnessed several similar events over his 30 years on college campuses. He explained why the two men were not forcibly removed from campus: “[Texas State University] is required by law to make public outdoor campus spaces open to what are known as ‘expressive activities,’ even by external groups with whom none of us agree.” He directed students to information on free expression on the university’s website, to the site for reporting incidents, and to the counseling center. 

What the students did in response to protected, hateful speech:

Students organized a peaceful counterprotest, with 100+ students surrounding the men with their own signs including one reading “There is still love in the world. Love thy neighbor!” University officials, including trained University Police Department officers, monitored the event and escorted the men off campus at the end of the protest to ensure their safety. As they left, students and protesters followed them and one report stated that students took the original protesters’ signs. 

The students’ peaceful and strong response to hateful rhetoric on campus is a positive example of counterspeech, although if true, the removal of the protesters’ signs by some students fell short of ideal free expression practices. The large turnout, significantly outnumbering the two men engaging in hateful expression, also demonstrated broad community opposition to the offensive messages. The event was closely monitored by trained University Police Department officers, who were prepared to ensure both public safety and the protection of lawful speech, providing a model for how other schools might manage similar protests.

Ohio State University confronts antisemitic and racist graffiti

In November 2022, vandals defaced a stairwell in Hitchcock Hall, an engineering building on Ohio State University’s main campus, with antisemitic and racist graffiti. A school employee discovered the messages after the weekend and called state police. The officer’s report noted a swastika and other Nazi symbols, and the phrase “White Power Zone” on the basement level. Someone had also spray-painted the phrase “Whites Only” in red and an anti-Black slur on another floor. The affected areas contained no cameras, and campus workers removed the graffiti.

Ohio State President Kristina M. Johnson released a university-wide statement the following day that read, in part, “There is no room for hate in our home. …The university is where we work and live—and we will not tolerate violations of the values, principles and behaviors that constitute the Shared Values we agree to uphold when we become part of Ohio State.” Various student government leaders, faculty, and administrators also signed the letter. The message encouraged students to report expressions of hate to the Office of Institutional Equity, contact public safety if they felt threatened, seek support if needed, and provide support to others. 

Students expressed disappointment at the graffiti, disturbed at its proximity to their daily lives, with one student stating, “I don’t feel safe where I should feel safe.”

What the university did in response to vandalism: 

The First Amendment does not protect the desecration of private property, so this incident did not constitute protected speech. After the vandalism was discovered, President Johnson: 

• Responded swiftly and clearly, issuing a statement the next day.
• Forcefully denounced the hateful vandalism and re-affirmed the shared values of Ohio State.
• Connected the incidents on campus to a national rise in hateful expression on campuses.
• Educated the campus community about how to report such acts.
• Shared support resources including counseling services to support those affected by the graffiti.
• Signaled broader community support by having multiple stakeholders on campus also sign the statement. 

In this case, police conducted an appropriate investigation in an attempt to identify the vandals. After such events, it is important that administrators hold those responsible accountable and maintain open lines of communication with affected students, faculty, and staff to foster a safer and more inclusive campus climate.