When does free speech become hate speech, and where is the boundary between the two?

“When you say hate speech or free speech, I think they are often the same,” said Lori McDonald, vice president of Student Affairs.

Recent posters created by student groups Mecha de U of U and Young Americans for Freedom have tested the boundaries of free speech and hate speech within university policy of student expression, as some feel personally attacked while others feel they are sharing their opinion.

In October, YAF hung posters on campus saying “Men shouldn’t be in women’s bathrooms,” and “The transgender movement harms children,” causing conflict with trans students and allies who felt attacked by the posters.

According to YAF, they were never contacted by university administration about the posters. However, the Office of Equity, Diversity, and Inclusion released a statement about dignity on campus, promoting respect and open discussion between students.

Student group Mecha faced a similar conflict in September when they hung a poster of a person holding a gun for a Queer Resistance event.

Mecha said on their Instagram account the EDI office and Student Affairs “harassed” and “pressured” them to either change their poster or add a statement about university policy.

Mecha members said the request from university administration felt “targeted” against them as black and brown students.

While both student groups are protected by the First Amendment right to freedom of speech, accusations of hate speech have blurred the line of what is acceptable speech between the two groups.

While McDonald said hate speech falls under the protection of free speech, she did acknowledge the power words hold.

“They can be very, very powerful in positive ways and in negative ways,” she said.

The university policy on student expression also specifies hate speech falls under free speech and is not illegal, unless it includes unprotected speech such as criminal threats.

“The term ‘hate speech’ is not defined by law, and no such category exists as an exception to the First Amendment,” the policy reads. “Thus, even if speech is hateful or offensive, it is still protected by the First Amendment.”

When asked about Mecha and YAF posters, McDonald said she was “struck” by both.

“Words and images, they both have an impact,” she said. 

Mcdonald said Mecha was contacted by U administration because the LBGT Resource Center co-sponsored the Queer Resistance event, and the Center reports to her. 

She added while Mecha claimed EDI “demanded” they remove their posters, she said EDI merely reached out.

“In my perception, it was not a demand, I just know I reached out,” she said. 

McDonald said she is unsure if any university administration reached out to YAF about their posters. She was involved with EDI’s statement about dignity during the time of the conflict.

“In many ways, our purpose or hope was to think even more broadly than that one instance,” she said. “We know that there are expressions of deep passion, and hurt and harm and politics and religion and so many things around the conflict in Israel and Palestine and Gaza, and so I think we were also acknowledging the need for dignity was wider than just one posting.”

Everett Lopez, vice chairman of YAF, said the group would not have done anything differently.

“We are a smaller student organization,” he said. “Any organization on campus should be able to post a flier that’s been approved, that’s been seen through the chain of command, and we thought that we did everything possible to make this as okay with the system as possible.”

Lopez said YAF “does not hate anybody” and their main goal is to promote discussion between students with different views. 

“We just want to discuss and really bring conservative thoughts onto campuses and have it be okay and not be shut down,” he said.

Mecha member Julio Irungaray said he is frustrated with university administration for approving the posters.

“They say that they want a safe university, but somehow they allow YAF to remain at the institution and allow them to post these transphobic posters that are absolutely disgusting,” he said.

Irungaray said the U is being “contradictory” as well.

“They were hounding us about our poster constantly, and right now they’re completely silent on what YAF is saying,” he said.

He added that he feels the U’s administration cares far more about what he deems “far-right extremists than they actually do about keeping us safe.”

McDonald said the university does provide resources to help all students feel safe.

“Our biggest goal is for students to be aware of what resources there are for them to choose and how we might help them provide support,” she said.

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