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    Home » Blog » ‘Offensive’ social media posts are free speech, legal group tells USD

    ‘Offensive’ social media posts are free speech, legal group tells USD

    July 19, 2024Updated:July 19, 2024 Editors Picks No Comments
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    FIRE reacts to USD message about investigating, punishing pupils for private social media posts

    A free speech organization is requesting from the University of San Diego that it wo n’t look into their unidentified social media posts” simply because someone finds them offensive.”

    In a recent letter, the private Catholic university’s officials told the Foundation for Individual Rights and Expression that the comments they made regarding the investigation of student comments on the social media site Fizz might have a” cold impact” on speech.

    We therefore ask USD to make it clear to the community that it wo n’t investigate Fizz posts because some people are offended or harmed by their posts, and that no student can face punishment for posts that contain protected speech, according to FIRE.

    In a new contact, FIRE spokesman Haley Gluhanich stated that the target is” to make sure USD is not chilling student expression and adheres to its commitment to free speech and California’s Leonard Law.”

    Gluhanich claimed USD has never responded to its notice, which requested a response by June 14.

    ” We are disappointed not to have received a reply, but we’re cheerful that USD then knows FIRE is watching its activities”, Gluhanich said.

    She told The Fix that” USD should clarify to its community that it wo n’t investigate Fizz posts simply because someone is offended or hurt by their content and that no student will face punishment for posts protected by the Leonard law or the university’s commitment to free speech.”

    The University of San Diego was contacted three days by phone and email in the last fortnight, but it did not respond. The Fix inquired about the Fix’s reaction to FIRE’s email and whether there should be any explanations in the matter.

    Fizz, a social media app created for school colleges, is an anonymous platform where individuals may post conversations, elections, and pictures. Its net says Fizz prohibits “bullying, love speech, and obscene language or pictures”.

    Four officials and student state leaders sent an April 26 message to the school community that FIRE addressed.

    The message brought up “highly unsuitable and unpleasant” articles by USD students on Fizz, including “instances of cyberbullying” and “behaviors that are obviously racist, racist and meant to demean”, according to FIRE.

    Less: UNC to ban private social media apps, prompting complimentary speech concerns

    Students were told by school officials that” the appropriate consequences did follow” if their private Pop posts “may be considered violations of the Student Code of Conduct and/or legal laws” and if they “may be identified as violators of the applicable laws.

    The USD email then urged students to report “incidents on Fizz” and to contact the FBI if they” can identify those responsible for the troubling posts.”

    The free speech group told the university its email “proposes a course of university action–including punishment–that would violate California’s Leonard Law, as well as USD’s commitment to safeguard its students ‘ freedom of speech”.

    Its letter stated,” The Leonard Law prohibits universities from ‘ mak]ing ] or enforce]ing ] a rule subjecting a student to disciplinary sanctions solely on the basis of… speech’ that the First Amendment would protect off-campus”.

    In addition, USD “binds to creating and maintaining an environment in which a range of ideas can be reasonably expressed, discussed, and critically examined,” as stated in FIRE’s letter.

    However, the letter stated that” this commitment does not shield Fizz posts from criticism by students, faculty, or the broader community”.

    This criticism “is a form of the’ more speech ‘ remedy our nation has chosen over censorship”, according to FIRE.

    MORE: After being removed, a Jewish professor was fully cleared of all charges that” Hamas are murderers.”

    IMAGE: fantom_rd/Shutterstock

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