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of symbols that offend many members of the While communities do have the right to reg- community. Others reply that such symbols are ulate speech in order to uphold aesthetic stan- a form of free speech and should be protected. dards (avoiding defacement of buildings) or to Different universities have resolved similar protect the public from disturbing noise, rules conflicts in different ways. Some have enacted of this kind must be applied across the board codes to protect their communities from forms and cannot be enforced selectively to prohibit of speech that are deemed to be insensitive to certain kinds of messages but not others. the feelings of other groups. Some have refused Under the Supreme Court's rulings, as I to impose such restrictions. read them, the display of swastikas or Confed- It is important to distinguish between the erate flags clearly falls within the protection of appropriateness of such communications and the free-speech clause of the First Amendment their status under the First Amendment. The fact and cannot be forbidden simply because it that speech is protected by the First Amendment offends the feelings of many members of the does not necessarily mean that it is right, community. These rulings apply to all agencies proper, or civil. I am sure that the vast major- of government, including public universities. ity of Harvard students believe that hanging a Although it is unclear to what extent the Confederate flag in public view - or displaying a First Amendment is enforceable against pri- swastika in response - is insensitive and unwise vate institutions, I have difficulty understand- because any satisfaction it gives to the students ing why a university such as Harvard should who display these symbols is far outweighed by have less free speech than the surrounding the discomfort it causes to many others. society - or than a public university. I share this view and regret that the stu- 5 One reason why the power of censorship 10 dents involved saw fit to behave in this fashion. is so dangerous is that it is extremely difficult Whether or not they merely wished to man- to decide when a particular communication is ifest their pride in the South - or to demon- offensive enough to warrant prohibition or to strate the insensitivity of hanging Confederate weigh the degree of offensiveness against the flags, by mounting another offensive symbol potential value of the communication. If we in return - they must have known that they begin to forbid flags, it is only a short step to would upset many fellow students and ignore prohibiting offensive speakers. the decent regard for the feelings of others so I suspect that no community will become essential to building and preserving a strong humane and caring by restricting what its and harmonious community. members can say. The worst offenders will To disapprove of a particular form of commu- simply find other ways to irritate and insult. nication, however, is not enough to justify prohib In addition, once we start to declare cer- iting it. We are faced with a clear example of the tain things "offensive," with all the excitement conflict between our commitment to free speech and attention that will follow, I fear that much and our desire to foster a community founded ingenuity will be exerted trying to test the on mutual respect. Our society has wrestled limits, much time will be expended trying to with this problem for many years. Interpret- draw tenuous distinctions, and the resulting ing the First Amendment, the Supreme Court publicity will eventually attract more attention has clearly struck the balance in favor of free to the offensive material than would ever have speech. occurred otherwise