Carleton student arrests show the limits of limiting free speech

Joey Coleman, October 13, 2010 at 2:38 PM

  

True free speech does not exist on the campuses of Canada's publicly-funded universities - that is not in doubt. Universities are legally private institutions and immune from the Charter of Rights and Freedoms. (The Supreme Court of Canada famously confirmed this in 1990 in the famous McKinney v. University of Guelph decision)

With no legal requirement to allow for the free exchange and expression of ideas, it is not surprising that Canadian universities limit the expression of controversial or unpopular ideas.

The eternal question facing universities is not if it is reasonable to impose limits on free expression - even governments institutions, which fall under the Charter, are allowed to impose restrictions - but what those limits should be and if limiting speech is even effective.

The latest flash-point is Carleton University, where five pro-life/anti-abortion activists were arrested last week when they attempted to display large posters that show aborted fetuses beside images of some of humanity's worst acts of genocide.

The "Genocide Awareness Project" (GAP) is the source of great controversy - which is exactly the goal of the organization behind it. The "Canadian Centre for Bio-Ethical Reform" is a media-savvy organization and is fully aware of the national attention these arrests bring to their cause. (One only needs to do a Google search of their name attached to the University of Calgary.)

If they display their posters, they are often confronted by angry individuals who are pro-choice. If they are prevented from displaying their posters, they complain of censorship. More recently, universities have requested the arrest of individuals involved in GAP displays for trespassing on the private property of the institution.

Despite the unreasonable actions of the GAP group at Carleton, who were offered space on campus to display their posters in a room that people could choose to enter (as opposed to on the main quadrangle), the university is wrong to request the arrest of its students.

Universities should allow for the exercise of free speech, even when unreasonable, as long as it does not incite hate or violence.

The fact that some would counter-protest in a manner that could lead to violence should not grant the university the right to stop a protest from occurring.

Controversy provides an opportunity for learning - the university can provide a forum for different viewpoints to be expressed and provide students with the opportunity to hear from the greatest minds on the matter of abortion.

By arresting these students, the university instead co-operated with the goals of the GAP group.

A more temperate response that focused on raising the debate from the chanting of slogans and simplified comparisons would have the effect of both removing the incentive for GAP to engage in unreasonable activities and advance Carleton's mission of "the intellectual, social, moral and physical development of its members, and the betterment of its community."

Arresting students to suppress their speech is ineffective. Carleton has achieved national media attention for these students and their case. At the same time, it has damaged the reputation of the university by responding with the use of the instruments of the state, instead of with better ideas.

Tagged with speech, free, pro-life, arrest, carleton |

Comments

Carleton is also the school where the Students Union sought to end fundraising activities for Muscular Dystrophy on the basis that it was a disease that did not strike all groups in an equitable fashion.

Many silly things happen there.

Comment by Carleton Grad - October 13, 2010 at 3:37 PM

Carleton U is a hot bed of the worst kind of collectivist thinking. That being said, and to quote a media columnist, freedom of speech does not come with free advertising space. The university is perfectly legitimate to ban posting it does not like on its properties.

Comment by Pierre - October 13, 2010 at 4:10 PM

I have been in contact with many of the people who were arrested and all say that the area they were protesting in had been used by several other groups this year including groups that supported sustainability. Why should some groups have the right to protest in open areas and others, because of their content, be shoved off to back rooms. Also why is the tone of this article entirely devoted to what would be in the worst interests for the pro life group. What if the pro life group has a point.

Comment by Horace - October 13, 2010 at 4:18 PM

Respectfully disagree with the author. Having been a post-secondary student for a lengthy period of time, I can confirm that students lead a privileged life on campus, regularly sheltered from inconveniences like limitations on Charter Rights and respect for process. The students were warned, they persisted in their activities anyway, and were subsequently arrested for a violation of the law - just like anyone outside of a university would be. While promotion of free-thinking is a laudable goal for post-secondary institutions, they also have a role to play in preparing students for life outside of the protected university bubble. I would say that Carleton has fulfilled that function nicely in this case. Disregard the legal implications of your actions - expect to be arrested. It is that simple.

Comment by Ryan - October 13, 2010 at 5:52 PM

Equating a legal medical procedure with the Holocaust? Might not warrant arrest on its own, but it certainly treads closely to hate propaganda to me.

Comment by Edward - October 13, 2010 at 6:13 PM

Edward - That's plain ridiculous.
Equating the systematic killing of millions of innocent fetuses with the systematic killing of millions of innocent adults most certainly does not "tread close to hate propaganda". Not only can it be argued that the comparison with the holocaust is apt, it is not at all clear that raising awareness of the issue equals hatred toward anybody. Note that under Section 319(3)(c) of the Criminal Code, "No person shall be convicted of an offense...if the statements were relevant to any subject of the public interest...and if on reasonable grounds he believed them to be true." Furthermore, pro-abortionists who might (wrongly)claim to be victims in this case are not an "identifiable group" as defined and required by section 319 of the Criminal Code.

Comment by Sam - October 13, 2010 at 10:07 PM

I doubt very much the disagreement between pro and anti abortion groups could be elevated to a more refined level given the long established practices of various anti-abortion groups: harassing women seeking advice; advertising counselling which turns out to be nothing more than an anti-abortion rant; parading of pickled fetuses (and displaying those at the CNE in Toronto for many years); firebombing clinics; shooting abortion doctors; and, the suspect fire at Henry Morgantaler's clinic in Toronto.

If one side isn't willing or able to tone it down, you don't get conversation, you get more of the same. The university was right to make both sides stop putting up posters and holding rallys. Comparing abortion to the Holocaust is insulting to Holocaust victims.

Comment by x46 - October 14, 2010 at 4:42 PM

This is bizarre. I can't imagine such limits on speech. Maybe Mr. Harper can fix this. Ooops. Sorry, that will never happen.

Comment by tvradiopro - October 14, 2010 at 4:43 PM

No they do not need to give in to so called free speech...why.

Because all Canadians provide funds to these schools, but ALL Canadians do NOT share the same values of each other. That is, we all believe in many different things, THUS these areas should be neutral and there for the education of the students in X class, not as a recruitment centre for any group that is offended by A B or C.

Universities are for learning your course, not for outside interests to push their views on you. If someone is interested in your cause, they will approach you.

How would you like someone to do this in your work lobby?

I don't care what your cause is, pro or choice in any area, get the hell out of my way.

Our system is capitalism, and your skull is my step to the next level......end of story.

Comment by rob - October 14, 2010 at 4:49 PM

Joey: on one hand you commend the university for being resonable in trying to give an alternative space for the GAP displays to be erected, so students don't have to be exposed to such a form of ambient violence, but say they were unreasonable to arrest them. I agree arresting them is exactly what the pro-life activists want. They very, very badly want to dipcit themselves as victims of free thought. But given their refusal to comply with the university's reasonable requests, what exactly are they supposed to do?

Comment by Edward P - October 14, 2010 at 4:52 PM

The university has a responsiblity to allow the expression of ideas.

This is the primary role of the academy.

While the university made a reasonable offer to allow the display within a room, the GAP group was not required to accept the offer.

The university should have allowed GAP to engage in their expression and been present to prevent disagreement from turning to violence.

By inviting the state to arrest students in the act of expressing their viewpoints, the university acknowledges the power of the state to control expression.

That the charge is trespassing does not dimish the fact these students were arrested for expressing unpopular ideas. Had they been engaged in expressing popular ideas in the same space, they would not be charged with trespassing.

Comment by Joey Coleman - October 15, 2010 at 9:13 AM

The university is also there to provide a safe space for students on campus. I would argue that likening abortion (especially when all abortions are lumped together without distinguishing between the various contexts that lead one to make the decision to abort) to genocide (and I have friends and have worked with people who are genocide survivors) does not create a safe space for students, especially genocide survivors who, through such graphic imagery, not only are forced to relive the trauma they have experienced, but also are thrust into a debate that they did not choose to be a part of. To me, that is not only irresponsible on the part of GAP, but also entirely unethical.

Comment by Alan W - October 15, 2010 at 5:43 PM

I tend to agree that that there seems to be a general trend toward clamping down on opinions expressed by students and staff at campuses (ironically, by a generation of administrators who, in the 60-70's practically invented our modern notions of campuses as a place of social rights debates and political protest). That said, context may be a mitigating factor in this incident is latest incident.

The pro-life/anti-choice lobby on Carleton campus (of which GAP is an extension of) has been linked to a religiously driven agenda. They were granted club status a few years ago, and that status was revoked when their tactics were being perceived as overtly graphic, gratuitous, insensitive, and anti-choice. While the core issue is one of legitimate debate, I think their history of pushing beyond the rules they (and all other groups) agreed to has tended to alienate the student body over time.

When the time came for student debate on campus, the issues and club itself, they brought their lawyers with them. As I recall, their presence and message was intimidating and chilling, and just helped to ratchet up the tone of the controversy, while contributing little to the debate.

As has been pointed out, Carleton is a very liberal-minded school - sensitivity and respect goes both ways. At least they had been granted club status in the first place - did they get that at every campus? They knew where they were, what they were doing and what the response would be. Generating controversy seems to be the main part of their message. I think that maybe the students at Carleton are just getting tired of it - the systemic persecution by a liberal legal agenda is worn-out, seems deliberately non-constructive, and their pattern of behaviour seems less about debate than religious confrontation.

While free-speech is a legitimate concern, courts in Canada and the US have also said that the manner and context in which speech is delivered constitutes a reasonable limitation. I think this is just another episode in that ongoing social-legal debate.

Comment by Former Carleton Student - October 17, 2010 at 9:32 AM

The fact that we are discussing abortion again is exactly why these projects have to happen - particularly on campus. We have to talk about why we pay for the deaths of 300 unborn Canadians every day.

BTW, how is telling someone they have a right to free speech but only in a closed off room where no one goes to because no one can find it, an acceptable concession? That's like saying African-Americans can ride the bus only in the back where no one can see them.

BTW, I went to Carleton and only realized Porter Hall existed because I had a few exams there.

Other groups were given the public quad that Carleton Lifeline asked for - all the club was asking for was the same opportunity.

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