Latinos and Free Speech

Latinos and Free Speech

KEY WORDS

·  First Amendment

·  Latinos

·  Free speech

·  English Language Amendment

·  Open internet

·  Chicano Movement

DESCRIPTION

The First Amendment, specifically the free speech provisions, affects the Latino population in the ways in which the American hate speech lenience and English-only legislation proposals have ramifications for Latinos’ safety and participation in the political process. Moreover, examples of social movements and protest politics in the Latino community, such as the Chicano movement, illustrate how Latinos have engaged with the First Amendment to advance their own political aims.

KEY POINTS

·  Hate speech towards Latinos in the U.S. can encourage violence towards Latinos and instill negative ideas towards Latinos in the general American population as well as within Latino communities themselves.

·  The English Language Amendment has serious chilling effects on the speech of Latinos, which inhibits their exercise of their First Amendment rights.

·  Latino organizations focus on both hate speech and information accessibility issues to ensure that can engage in the political process through free speech.

·  The Chicano Movement is an example of Latinos exercising their First Amendment rights to advance their own political aims.

BRIEF

The intersection of the Latino population in the United States and the First Amendment can be seen in particular legal scholarship issues regarding free speech and the manifestation of the freedom to assembly in the form of the protest politics of the Latino community. The concepts of hate speech and the accessibility of speech are elements of the American free speech doctrine that have specific ramifications for the Hispanic population. Moreover, the Chicano Movement is an example of Latinos using the rights that the First Amendment grants Americans to advance their political goals and come together as a community.

Compared to other countries, hate speech is very protected in the United States and, like other minorities in this country, Latinos are often the target of such speech. Groups like the National Hispanic Media Coalition attack hate speech as a part of their platform, citing the multiple examples of negative speech directed towards Latinos. In his piece in the Harvard Latino Law Review, Alexander Tsesis describes the adverse effects of hate speech on the Latino population: “The widespread acceptance of negative sentiments about Latinos can compel bigots to violent action” (147). In addition to violence, hate speech greatly inhibits its targets from participating in the political process (Tsesis 148). Even recently, white high school students in Indiana and Iowa chanted statements such as “Trump,” “No comprende,” and “Speak English” at Latino students at a sports game (CNN). While this instance is not the worst form of hate speech, this example shows that these issues are prevalent for Latinos today.

Another issue strongly related to Latino rights is the English Language Amendment (ELA). Hiram Puig-Lugo writes on the Free Speech implications of the ELA, claiming that English-only legislation has the capacity to have a chilling effect on the speech of Spanish-speaking people in the U.S., meaning that the political participation of Latinos would dramatically decrease. Since the Constitution does not specify the language in which speech should be expressed, the First Amendment could prove to be an integral tool for Latinos fighting for holistic language policy.

In terms of exercising the rights that the First Amendment provides, such as the freedom of assembly, the Chicano Movement of the 20th century is a great example of Latinos taking advantage of free speech (García). Ranging from the work of César Chavez with the grape union protests to the demonstrations of Chicano students on college campuses, the Chicano Movement represents one way in which the Latino community has used the First Amendment to advance civil rights and cultivate an identity. Moreover, Latino protest politics often intersect with other issues, most prominently immigration, and the immigration protests of 2006 are yet another example of Latinos mobilizing under the freedoms of the First Amendment to create substantive change.

With all of these concepts in mind, there are many Latino organizations that aim to address free speech issues and engage the Latino community in addressing them. The National Latino Media Coalition, for example, aims to curb hate speech targeting the Latino community and increase the accessibility of speech by expanding broadband services to lower income households and supporting open internet provisions. Since many Latinos in this country fall into lower socioeconomic classes than other ethnoracial groups, legislation that restricts the accessibility of media and information limits the ability of Latinos to access information, which is an important element of free speech. Another group, Presente.org, has a mission to amplify Latino voices by giving them opportunities to mobilize through media and technology. Encouraging Latinos to speak out on issues they care about serves as a way to engage Latinos in exercising their First Amendment rights, despite the possible chilling effects described earlier.

As a population with a specific history in the U.S. and distinct language barriers, the First Amendment has special implications for the Latino population. Hate speech, ELA legislation, and accessibility of information issues all affect the ways in which Latinos in the U.S. engage with the First Amendment. Additionally, the history of social movements and protest politics within the Latino population illustrate their specific interaction with the freedom of assembly and how they use the First Amendment to advance their own political goals.

WORKS CITED

Cuevas, Mayra. Students in Indiana. Digital image. CNN. Cable News Network, 1 Mar. 2016. Web. 10 Apr. 2016.

Cuevas, Mayra. "Students Use 'Trump' as Anti-Latino Taunt during Basketball Game." CNN. Cable News Network, 1 Mar. 2016. Web. 10 Apr. 2016.

Franco, Jimmy. Chicano Movement. Digital image. Latino P.O.V. Latino P.O.V., 5 May 2014. Web. 10 Apr. 2016.

"Introduction: The Chicano Movement and Chicano Historiography." The Chicano Movement: Perspectives from the Twenty-first Century. Ed. Mario T. García. New York: Routledge, 2014. 1-15. Print.

Puig-Lugo, Hiram. "Freedom to Speak One Language: Free Speech and the English Language Amendment." Chicano-Latino Law Review 11 (1991): 35-52.

Tsesis, Alexander. "The Boundaries Of Free Speech." Harvard Latino Law Review 8 (2005): 141-162. Academic Search Complete. Web. 10 Apr. 2016.

RELEVANT WEBSITES

The National Hispanic Media Coalition: www.nhmc.org

Presente.org: www.presente.org

Mexican American News: www.mexican-american.org