
I’d make this an ethics quiz, but I think it’s too potentially important to treat as a jump ball. This is the kind of extreme mess that threatens free speech, especially when on entire political party is searching for an excuse to ban “hate speech,” once they have defined it just well enough to constrain political opponents.
In Cullman City, Alabama, the school board’s president’s son, who attends the school district’s high school, posted a video to SnapChat in which he could be seen and heard chanting “White power!” and “Kill all the niggers!” The video has been widely circulated among students. The parent of a black student who saw the video has demanded the resignation of Amy Carter (no, not THAT Amy Carter; don’t be silly), the school board’s president. The parent is also demanding that the school take action against the student. “Cullman City Schools would clearly punish our son if he made a video threatening the white students of Cullman High School,” she wrote in an email. “My son is one of a handful of black children in the school. Tell me how he wouldn’t be threatened by KILL ALL THE Ns?! Explain to me how this is not a threat.”
Well, I can answer that last part. Under First Amendment case law, the “true threats” doctrine holds that allegedly threatening speech cannot be punished unless the government can prove that the speaker meant to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual. A chant on a video posted on social media that mentions no specific student will not qualify as an actionable threat. Her previous question is tougher. The school and the town itself has a reputation for racial hostility toward blacks. The mother of the black student says her son has repeatedly been subjected to racist remarks during his four years as a student in the district. I see good reason for the video to be unsettling in that context.
On the other hand, I’m getting awfully tired of the “they wouldn’t treat a black adult/child this way if he/she did X” argument, which is almost never challenged even when it’s bigoted nonsense, as in the race-based attacks on the Rittenhouse verdict. It’s more presumed racism, and a cheat, a device to avoid making a solid argument.








