"Sinners! You're all sinners and you're going straight to hell!" We've all seen them, heard about them or been eternally damned by them. They are the street preachers, and they annually "bless" the public sidewalks of Otterbein's campus with their presence during the spring. Some members of the college community are outraged by the offensive manner in which the street preachers present their messages on homosexuality, masturbation, fornication, smoking, use of alcohol and other "sinful behaviors" they think college students participate in. In a quick five minutes of listening to the preachers you are likely to hear them singing and yelling while denouncing the "gays" and the "bigots." Some students were so angry and felt so threatened by the street preachers that Security became involved, receiving a dozen phone calls last Thursday, May 8, tying up their phone lines. Others feel that although the street preachers can be harsh and offensive, they have good intentions and are simply misguided. Whatever you believe, the street preachers are protected by law and have the right to freely express themselves just like the rest of us. Just as the street preachers have the right to stand on the sidewalk and express their beliefs, you have the right not to listen to them, or to share your own thoughts. OCF has the right to assemble and worship every Thursday evening, FreeZone has the right to fight for issues that concern the GLBTQ community and the College Democrats and Republicans have the right to openly represent their respective political parties. It may have been awhile since you sat down and read over the U.S. Constitution, but the First Amendment states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." The First Amendment does protect your freedom of speech, but what constitutes free speech, and when is someone crossing the line? According to Frank LoMonte, executive director of the Student Press Law Center, there is a fine line between language that is offensive versus language that is defamatory or considered to be fighting words. Much of it depends on the context of the situation and the environment. The U.S. Supreme Court defines fighting words as words "which by their very utterance inflict injury or tend to incite an immediate breach of the peace." Fighting words are illegal, but LoMonte said they are difficult to prove in a court of law. "It has to be very specific and personal. For example, there's a difference between condemning all illegal aliens and singling out a particular individual. If they're in close proximity, it's a personal public insult or slur, or if they're yelling derogatory ethnic language, it comes very close to fighting words." As for language that is defamatory or slanderous the line is a little clearer. If a street preacher says to someone, "I think you look like a child molester," he is within his rights. But, if the street preacher starts yelling, "This man is a child molester! He molests small children!" it crosses from free speech into defamatory language. However, the speech in this case could still be interpreted as a hyperbole for dramatic effect, as many people do not take what the street preachers say seriously. "A court will look at what a reasonable listener will take away. If something is so outlandish, or over the top it is clearly hyperbole," said LoMonte. Although some opinions are less popular than others, and you may not agree with the tactics used by the street preachers, their opinions are protected by the First Amendment, just as yours and mine are, within legal limits. t&c;
THIS EDITORIAL EXPRESSES THE VIEWS OF THE TAN & CARDINAL STAFF. WRITTEN BY ANDREA TARR, EDITOR-IN-CHIEF, WITH ADDITIONAL INFORMATION BY GRACE PROCTOR, STAFF REPORTER
