Charlottesville and Beyond

Updated Nov. 22, 2024

The First Amendment to the U.S. Constitution

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Introduction

Though the Supreme Court has held that speech that “incites or directly leads to violence” can be restricted, we as a nation must contend with the aftermath of what occurred in Charlottesville, Virginia, in the summer of 2017. The context and background for the incident, the rally itself, the violence, and the aftermath are at the heart of Free Speech issues in the contemporary United States. 

As white supremacist groups marched openly, invoking First Amendment rights, the resulting violence raised urgent questions about whether all forms of speech deserve equal protection—particularly when they incite hatred and division. It forced the country to confront the complexities of upholding free expression in a democracy, especially when it clashes with public safety and societal values. Beyond Charlottesville, a crucial challenge remains: how should America reconcile its commitment to free speech with the necessity of curbing extremist ideologies that threaten its core principles?

This session seeks to foster thoughtful consideration and debate about the boundaries of Free Speech.

The Incident And Its Aftermath

Click here to familiarize yourself with this event through the Free Speech Tracker

Topical Introduction (45 min.)

Context (10 min.) U.S. journalism has changed due to the closure of many local newspapers; an increase in small, independent, online outlets; and the omnipresence of social media. In your mind, what is the role of a free press in a democratic society? Discuss with a partner and then share with the group.

Video and Reflection (35 min.) Vice Media, a company founded by journalists, evolved from coverage of independent, local arts to a range of global news stories. Rather than mainstream media outlets, Vice was the main source of coverage of the rally. Watch Vice News’ video footage from the white supremacist march in Charlottesville:

Then discuss:

  1. What did you notice?
  2. What questions does this video raise?
  3. To what historical contexts or events does this episode connect?
  4. How does it extend questions raised by historical events?
  5. How do the Charlottesville events challenge us? The status quo?

Points of View

Does this interview elucidate the threat of white supremacy or does it elevate the movement’s ideology?

Since Charlottesville

Since Charlottesville, the country has continued to confront crises related to tense race relations, police brutality, and systemic racism. Familiarize yourself with some of these incidents via the Tracker:

Recent References and Updates

 

 Trump Again Compares Violent White Supremacist March in Charlottesville to Campus Protests, The New York Times, April 2024

Trump downplays deadly Charlottesville rally as a ‘peanut’ compared to Israel-Gaza protests, CNN, April 2024

Charlottesville tiki torch carrier pleads guilty in Jan. 6 riot case, NBC News, April 2024

Trial begins for man charged in 2017 Charlottesville torch rally at the University of Virginia, The Associated Press, June 2024

At the ABC News Presidential Debate in September 2024, former President Donald Trump & Vice President Kamala Harris spoke about the Unite the Right rally in Charlottesville. 

Options for Discussion

Choose one of the following three options.

Option A

Divide the students into groups and ask each group to read one of the following articles:

  1. A Guide to the Charlottesville Aftermath, The New York Times, August 2017
  2. The Problem With Making Hate Speech Illegal, Foreign Policy, August 2017
  3. A Twitter campaign is outing people who marched
    with white nationalists in Charlottesville, The Washington Post, August 2017
  4. Heather Heyer remembered at Charlottesville memorial, Politico, August 2017
  5. What Europe Can Teach America About Free
    Speech, The Atlantic, August 2017

Ask each group to discuss its assigned article and then present a summary of the article to the whole class. Each group should identify the tensions the article surfaces.

Option B

In small groups, students discuss the following questions:

  1. Should policymakers enact laws that restrict hate speech?
  2. If so, how should the government decide what constitutes hate speech?
  3. Can speech itself constitute violence?

Share summaries with whole group.

Option C

Review the role the American Civil Liberties Union (ACLU) played in preparations for the white supremacist march.

Discuss the criticism the organization faced, the adjustments it announced, and the organization’s history of representing hateful groups, including American Nazis.

Related ACLU Questions (20 min.)

  1. Should the ACLU continue to defend Nazis and other hate groups?
  2. If a protester legally possesses a firearm, should that affect the ACLU’s defense of his or her civil liberties?
  3. Is the ACLU limited in its conception of Free Speech and blind to a more “holistic” understanding of how citizens exercise their rights?

Further Discussion Questions

  1. Should white nationalists and other hate groups be permitted to stage rallies in public spaces, or should “hate speech” of this type be in a special category? 
  2. What limits, if any, should be placed on speech that promotes hate or violence, such as the white supremacist rhetoric seen in Charlottesville? Can the government regulate speech at public protests without infringing on the constitutional right to free expression?
  3. How does the First Amendment protect speech that may incite division or hatred, and should these protections extend to all forms of speech? What is the difference between free speech and hate speech, and where should the legal line be drawn between the two?
  4. Is there a distinction between speech that incites violence and speech that expresses extreme ideology? How should the law handle this difference?
  5. When Twitter users “out” white nationalists to their schools and employers, are they contributing to a more polarized society or merely showing that speech has consequences? What are the ethical implications of exposing individuals who participate in hate rallies, as seen with the doxing campaigns post-Charlottesville?
  6. What role do the media play in covering extremist views, and how can journalists report on hate groups without amplifying their messages?
  7. To what extent should social media platforms be responsible for regulating extremist content, given their role in public discourse?
  8. By tolerating those who are intolerant, does the First Amendment shape a society that is more or less tolerant?
  9. Based on the ACLU articles above, discuss the criticism the organization faced, the adjustments it announced and the organization’s history of representing hateful groups, including American Nazis.
  10. Should those who defend Free Speech continue to represent Nazis and other hate groups?