36 You Can´t Say That (in the USA)? Hate Speech and International Human Rights

M. Victoria Pérez-Ríos teaches international human rights and comparative criminal justice systems as an Assistant Professor at the Political Science Department and the International Crime and Justice MA Program of John Jay College, and American government at LaGuardia CC

HUM 300. LANDMARK CASES: YOU CAN´T SAY THAT (IN THE USA)?

HATE SPEECH AND INTERNATIONAL HUMAN RIGHTS

MODALITY OF INSTRUCTION, INSTRUCTOR, OFFICE HOURS, AND TECHNOLOGICAL REQUIREMENTS

• Modality of instruction (TBA)
  • Day and Time: (TBA).
  • Zero-cost Textbook: required readings are available in folders as part of weekly modules (LMS).
• Instructor: Dr. M. Victoria Pérez-Ríos.
• E-mail: mperez-rios@jjay.cuny.edu.
• I will reply to your email within 48 hours except for weekends. Due to the volume of emails that I receive, use the email mainly for issues/questions that you don’t want to share with the rest of the class. Otherwise, use the Q&A forum available in the course LMS (TBA).
• Q&A forum, Discussion Board: The Q&A forum is mostly used for questions that affect many students. For example, an assignment does not open or it closes before the due date. Keep in mind that my view of BB is not the same as what appears on your screen. That is why your peers can solve some of your questions better than I can. This Forum is not graded.
• Office hours: (TBA).
• Technological Requirements: Make sure that you have access to t. Ihe course LMS. If your internet connection is not reliable enough, do not leave assignments for the last day. In addition, save a copy of the syllabus and assignments so you know what you need to do in case of temporary loss of your connectivity to the net. ATTENTION! You have to use your John Jay email. If you don’t have a John Jay email, contact the DoIt Department Helpdesk at 212-237-8200 or helpdesk@jjay.cuny.edu.
• BlackBoard (BB) Support: Students who are not familiar with BB are advised to complete the tutorials on how to use BB, available at http://www.jjay.cuny.edu/blackboard-tutorials-and-faq. For technical questions/problems, contact Blackboard Support Group, Phone: 1-212-237-8200; e-mail: blackboardstudent@jjay.cuny.edu.

COURSE DESCRIPTION

This course examines current and potential limits to freedom of speech in the United States of America (USA) using the lens of international human rights law. The First Amendment of our Constitution tells us that “Congress shall make no law … abridging freedom of speech” and the Supreme Court of the USA gives freedom of speech a preeminent position among our rights. As a result, the USA has the widest protection of freedom of speech in the world. Although prima facie this is positive to strengthen a democratic system, it allows us the right to offend others to the extreme of fostering hate speech against minority groups. To understand the current regulation of hate speech in the USA, you will study relevant Supreme Court decisions; to understand potential limits to hate speech in the USA, you will study relevant United Nations and domestic (Criminal Codes mostly) documents.  By incorporating an international human rights perspective to hate speech in the USA, you will be more prepared to engage in the quest for social justice that is part of the core objectives of John Jay College (Strategic Plan, 2020-2025). By the end of the semester, you will be able to show your professionalism, critical thinking, technological and communication skills by creating an ethically-based campaign to stop hate speech against females, Indigenous Peoples of Color (IPOCs), immigrants, LGBTQ+ communities, and the disabled among other minorities.

300 LEVEL JUSTICE CORE LEARNING OBJECTIVES

1. Contextualize and analyze struggles for justice.
2. Discover, gather, interpret, and assess information from a variety of sources, intellectual perspectives, and approaches.
3. Analyze and explain a text or work using methods appropriate for the genre, medium, and/or discipline.
4. Organize and synthesize information and ideas into a coherently structured, thesis‐driven, evidence‐based argument in oral and written form.

SUPPORT SERVICES AT THE COLLEGE: FOOD, MENTAL HEALTH, ACCESSIBILITY, AND VETERANS

• JJC Food Pantry

According to their webpage, “Each visit to the Food Pantry requires a check-in at our front desk and a short interview with a Peer Educator. This interview determines your eligibility, the kinds of food you would like, and other necessary information. … Products offered depend on availability and current finances …. For more information or if you have questions, please email JJCFoodBank@jjay.cuny.edu.

For additional resources, visit College SNAP Project to learn about how to apply.

• Mental Health: Counseling Services Center Information

According to their website,

The Counseling Services Center provides free psychological and counseling support services to meet the mental health and developmental needs of John Jay students.  Counseling services may be provided by our diverse group of full or part-time Doctoral or Master’s level staff members or by graduate externs or interns under the supervision of licensed clinicians. … The Center is a fully accredited site in good standing with the standards of the International Association of Counseling Services.  All of the services are FREE of charge.  All of our services are confidential.  For example, if a family member, a professor, or anyone else should inquire about the services you receive here, we would not disclose any information without your written permission.”

Services Offered:

All of our services are currently offered remotely.  This means we conduct counseling sessions via telephone or video (Zoom).  Students may request our services via email or phone (see below).

Here are a few services we offer to John Jay students:

• Intake Evaluations
• Crisis/Consultation Counseling
• Individual Counseling
• Group Counseling
• Referral Consultations
• Substance Use Evaluations
• Substance Use Counseling
• Confidential Title IX Evaluations

*Please note, at this time, we are unable to offer psychiatric services.  We can help you find psychiatric services in the community via referral consultations.*

All John Jay students may access our crisis and consultation services and the intake evaluation.  Referral consultations, Substance Use Evaluations, and Confidential Title IX Evaluations are also available to all John Jay students. No currently enrolled John Jay student will be turned away if they request to speak with a counselor at that moment or if they request an intake evaluation.  However, not all John Jay students are able to be seen regularly for ongoing individual counseling, as our center is not able to appropriately meet everyone’s treatment needs.  Additionally, various Group sessions have requirements for joining.

How to Access our Remote Services:

If you are interested in scheduling an evaluation for on-going counseling (i.e., meeting with the same counselor once per week for several weeks), please send an email to intake@jjay.cuny.edu

If you would like a one-time appointment (consultation) or to speak with a counselor right away (crisis), please call 212-887-6239 or email Cory Head at chead@jjay.cuny.edu

If you are in crisis after hours, please use these resources:

1-888-NYC-WELL (1-888-692-9355) or text “WELL” to 65173

National Suicide Prevention Hotline: 1-800-273-8255

NYC Samaritans: 212-673-3000

For questions about any of our services or to access any of these services, please email Gerard Bryant, Ph.D. at gwbryant@jjay.cuny.edu or Cory Head, Ph.D. at chead@jjay.cuny.edu

ULifeline at John Jay 

ULifeline gives you the opportunity to check in with yourself about your overall well-being. It can also assist you in helping others in your life who might be struggling with depression, anxiety, stress, or other emotional issues. You can take an anonymous screening to understand more about how you’re feeling, learn more about mental health through videos and articles, anonymously share your story to help others, and more! The Counseling Center and ULifeline.org are here to support you. Check it out by clicking here!

• Students with Disabilities

Contact the Office of Accessibility Services (Room L.66.00; 524 West 59th Street; New York, NY 10019; Phone: 212.237.8031; Fax: 212.237.8144).

“During the first two weeks of each semester, each student is required to meet with the Director of Services to complete an accommodations request form and to establish/review appropriate academic adjustments and services for the semester. Each student is encourageD to notify his/her instructor(s)/professor(s) of their special need(s) and appropriate academic adjustments for the classroom setting. For example, students may qualify for one or a combination of the following: extended time on tests, different testing strategies, tape recording class sessions, note takers, documented absences due to disability, etc. The Office of Accessibility Program will formally notify faculty of recommended accommodations, provided students give written authorization.”

• Military and Veterans Support 

Military personnel and Veterans can find resources in the Office of Military and Veterans Resource Center. Phone: 212-484-1329.
Email: johnjayveterans@jay.cuny.edu.

[With approval of the instructor IN ADVANCE exceptions for extraordinary circumstances might be permitted; these circumstances include but are not limited to absences directly related to pregnancy or childbirth].

ADVISING IN THE LAW AND SOCIETY AND POLITICAL SCIENCE MAJORS AND IN THE POLITICAL SCIENCE AND HUMAN RIGHTS MINORS 

Advisers are available to meet with students to discuss degree requirements, academic planning, graduate study, and careers after graduation. Cat Kleint, ckleint@jjay.cuny.edu, in the Academic Advisement Center (L.73NB), advises students in both majors. Appointments with her can be made online: https://jjay-cuny.campus.eab.com/pal/XSIf5oXBkW

Within the department, the advisors for our majors are Prof. Janice Bockmeyer (jbockmeyer@jjay.cuny.edu), Prof. Michael Yarbrough (myarbrough@jjay.cuny.edu) and Prof. Katherine Zuber (kzuber@jjay.cuny.edu).  You can find more information about their office hours and availability here: https://www.jjay.cuny.edu/advising-pol.

The Human Rights minor adviser is Prof. Charlotte Walker-Said (Department of Africana Studies, Room 09.63.07, cwalker-said@jjay.cuny.edu, 212-237-8758).

Majors and minors in all programs also can be advised by the Political Science Department chairperson, Prof. Susan Kang (Room 9.65.08, skang@jjay.cuny.edu, (646) 355-8531.

You can also email poladvising@jjay.cuny.edu with your general advising questions.

COURSE REQUIREMENTS

• Required Readings

This is an open access, no-cost textbook course. Weekly reading assignments are available via the LMS in folders for each module.

In addition, being informed of current events at home and abroad is important to the course and to your role as people involved in the correct functioning of a democratic country. Examples of newspapers. The New York Times, The Daily News, the Financial Times, and The Guardian.

• Required Assignments

FOUR INDIVIDUAL POSTINGS ON THE DISCUSSION BOARD. Possible Points: 20 in total/5 points per assignment.

GROUP REPORT ON HATE SPEECH AGAINST AN ASSIGNED MINORITY GROUP. Possible Points: 35 in total.

Step One: Share your definition of hate speech with your group via a wiki that shows who has written what. Add the source for your definition when applicable (5 points).

Step Two: After reading “How to write a case brief for law school” from Introduction to the Study of Law: Cases and Materials, Third Edition (LexisNexis 2009) by Michael Makdisi & John Makdisi: C. How to Brief, https://www.lexisnexis.com/en-us/lawschool/pre-law/how-to-brief-a-case.page (Accessed: 11 July 2023) and the Supreme Court case assigned to your group,

1. Matal v. Tam (2017), https://www.oyez.org/cases/2016/15-1293 –Racial/ethnic discrimination
2. Terminiello v. Chicago (1949), https://www.oyez.org/cases/1940-1955/337us1  –Racial/ethnic discrimination
3. Snyder v. Phelps (2011), https://www.oyez.org/cases/2010/09-751 –Anti LGBTQ+
4. National Socialist Party v. Skokie, https://www.oyez.org/cases/1976/76-1786  (1977), Racial/ethnic discrimination, speech plus
5. Virginia v. Black (2003), https://www.oyez.org/cases/2002/01-1107, Racial/ethnic discrimination, speech plus

Write and share, via Google docs, a case brief of the assigned Supreme Court case with your group (15 points). The case brief includes the following:

(a) Facts (name of the case and its parties, what happened factually and procedurally, and the judgment)

(b) Issues (what is in dispute)

(c) Holding (the applied rule of law)

(d) Rationale (reasons for the holding)

Step Three: Discuss (WhatsApp) your case briefs with the rest of the group and agree to a document that can be shared with the other groups. Follow the IRAC structure, explained in Columbia Law School Writing Center, “Organizing a Legal Discussion (IRAC, CRAC, ETC.),” https://www.law.columbia.edu/sites/default/files/2021-07/organizing_a_legal_discussion.pdf. Each group member must exchange information and edit the final document twice (5 points).

Step Four: Post group IRAC document in Discussion Board Bb and individually review the other IRAC documents (not the one from your group) (5 points).

Step Five: Group presentation of IRAC document that incorporates relevant peer comments (5 points).

GROUP EDUCATIONAL CAMPAIGN AGAINST HATE SPEECH. Possible Points: 35 in total plus 6 extra-credit points.

Based on the hate speech developed by your group, design, in written form, a campaign to inform a student audience of the constitutionality of hate speech from a comparative perspective respectful of DEI principles.

Step One: A written document (12 points) that includes

• Specific considerations regarding the target audience
• Format of the video
• Content of the video

To receive any points, each student must contribute to a WhatsApp or blog with at least three contributions for each issue/

Step Two: Based on the first step, record a video that lasts no more than six minutes of the campaign that is going to be evaluated based on the quality of content and design (10 points). Share with the rest of the class.

Step Three: Each student will evaluate the other four videos (not their own). The peer evaluation of the video will take place before making it public to an audience outside of the classroom (8 points in total or 2 points per group).

Step Four: Publish the video (upload it to YouTube with subtitles) after incorporating (when relevant) the peer evaluations received (5 points).

Step Five: In addition, I recommend that you share your campaign with students at John Jay via interviews. We will reserve Week 14 to set up a table or two in the common area at the entrance to the New Building and ask students to watch a mini-version of your video (3 minutes) and give their impressions. (3 points per student interviewed, up to 6 extra-credit points). In lieu of interviews, a group can administer surveys to a group of four or more students.

REFLECTIVE ESSAY It includes a self-reflection on the quality and effectiveness of the educational campaign of one´s group (5 points) and peer evaluation of the quality and effectiveness of the educational campaign of the other four groups (5 points)-Possible Points: 10.

GRADING

To find out your grade, look at the points. That is, if you want to get an A for your final grade, you will have to reach 92.5 points or better. If you want an A-, 89.5 points or better.

Your final grade is a result of your performance in four main tasks, (1) Four Discussion Board Posts, 20 points. (2) Group report on hate speech, 35 points. (3) Group anti-hate speech educational campaign, 35 points. And (4) Reflection Essay, 10 points.

ACADEMIC INTEGRITY

Violations of academic integrity include plagiarism, intentional or unintentional. Punishment for offenses can range from zero points for an assignment to an F for the whole course; even expulsion. In addition, serious offenses will be reported to the College’s Academic Integrity Unit and thus, included in your academic record. Check the information on academic integrity provided at http://www.jjay.cuny.edu/academic-integrity-2016,

Statement of College Policy on Plagiarism

Plagiarism is the presentation of someone else‘s ideas, words, or artistic, scientific, or  technical work as one‘s own creation. Using the ideas or work of another is permissible only when the original author is identified. Paraphrasing and summarizing, as well as direct quotations, require citations to the original source.

Plagiarism may be intentional or unintentional. Lack of dishonest intent does not necessarily absolve a student of responsibility for plagiarism.

It is the student‘s responsibility to recognize the difference between statements that are common knowledge (which do not require documentation) and restatements of the ideas of others. Paraphrase, summary, and direct quotation are acceptable forms of restatement, as long as the source is cited.

Students who are unsure how and when to provide documentation are advised to consult with their instructors. The Library has free guides designed to help students with problems of documentation (John Jay College of Criminal Justice Undergraduate Bulletin, p. 36).

Punishment for plagiarism can range from an F on the assignment, an F for the course to expulsion.

 

COURSE SCHEDULE

The course is organized into fifteen weeks, Week 15 is dedicated to the final examination or course project.

BIBLIOGRAPHY

• United Nations Documents

UN (2023). Addressing hate speech through education: A guide for policy-makers. UNESCO and The United Nations Office on Genocide Prevention and the Responsibility to Protect. https://unesdoc.unesco.org/ark:/48223/pf0000384872.

________. “Hate Speech is Raising around the World,” https://www.un.org/en/hate-speech.

________. “UNiting against Hate Podcast,” https://news.un.org/en/podcast/uniting-against-hate.  Podcasts 1-8.

UNESCO. “International Standards on Freedom of Expression,” https://en.unesco.org/sites/default/files/international_standards_on_freedom_of_expression_eng.pdf

• Freedom of Speech in the USA

Krutz, Glenn et Al. (2019). American Government, 2nd Edition, https://openstax.org/details/books/american-government-2e
LegalZoom. (Updated: 2023, May 11). “Free speech primer: What can you say?, https://www.legalzoom.com/articles/free-speech-primer-what-can-you-say (Accessed: 11 August 2023).

• Hate Speech in Europe

Allyn, Bobby. (2022, May 1). “Europe has to monitor hate speech and illegal content on social media more closely, “ https://www.npr.org/2022/05/01/1095809125/europe-has-to-monitor-hate-speech-and-illegal-content-on-social-media-more-close.

Brown, Alexander. “Models of Governance of Online Hate Speech: On the emergence of collaborative governance and the challenges of giving redress to targets of online hate speech within a human rights framework in Europe, https://rm.coe.int/models-of-governance-of-online-hate-speech/16809e671d.

Council of Europe, “Hate Speech,” https://coe.int/en/web/freedom-expression/hate-speech.

________. “Combating Hate Speech,” https://rm.coe.int/leaflet-combating-hate-speech-en-november-2022/1680a923f5.

• SCOTUS

Roos, Dave. (2022, May 10). “Steps the Supreme Court Takes to Reach a Decision“ History.org, https://www.history.com/news/supreme-court-decision-cases.

United States Courts. “About the Supreme Court,” https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/about.

________. “What does Free Speech Mean?,” https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does.

• Supreme Court Cases

Matal v. Tam (2017), https://www.oyez.org/cases/2016/15-1293

Terminiello v. Chicago (1949), https://www.oyez.org/cases/1940-1955/337us1

Snyder v. Phelps (2011), https://www.oyez.org/cases/2010/09-751

National Socialist Party v. Skokie (1977), https://www.oyez.org/cases/1976/76-1786

Virginia v. Black (2003), https://www.oyez.org/cases/2002/01-1107

• Writing Skills

Columbia Law School Writing Center. “Organizing a Legal Discussion (IRAC, CRAC, ETC.),” https://www.law.columbia.edu/sites/default/files/2021-07/organizing_a_legal_discussion.pdf

“How to write a case brief for law school” from Introduction to the Study of Law: Cases and Materials, Third Edition (LexisNexis 2009) by Michael Makdisi & John Makdisi: C. How to Brief, https://www.lexisnexis.com/en-us/lawschool/pre-law/how-to-brief-a-case.page (Accessed: 11 July 2023).

Reynolds, Jean. (2017, May 10). “Writing Clear, Effective Police Reports: No English Degree Required.” The FBI Law Enforcement Bulletin, https://leb.fbi.gov/articles/perspective/perspective-writing-clear-effective-police-reports-no-english-degree-required (Accessed: 26 July 2023).

• How-To-Video, Interview and Survey

Amaresan, Swetha. (2022, July 19). Survey Design: The Top 10 Best Practices to Maximize Your Results, https://blog.hubspot.com/service/survey-design.
Vyond Team. (Updated: 2021, February 2). “How to Make an Instructional Video: 25 Essential Tips and Ideas,” https://www.vyond.com/resources/25-tips-create-engaging-instructional-videos/.

Wiki-How Staff. (2023, July 7). “How to Conduct Interviews for Research,” https://www.wikihow.com/Conduct-Interviews-for-Research.

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