Last week, UNC-Chapel Hill graduate student Maya Little was found guilty, but not convicted for her misdemeanor charge. According to Technician, Little was charged after wiping a mixture of her blood and ink on the controversial Silent Sam statue on UNC-CH’s campus. Although many students supported her radical actions calling attention to the statue’s racist connotation, her trial makes people wonder where the line is between legality and morality.
The curiosity of Little’s situation points out that “legality is not a guide for morality.” Hence, many protesters will break the law if they believe what they are doing is morally right. Little herself defied legality for this very reason, but a discussion on the morality of her actions is another matter — for now the issue highlights that protesters need to be aware of the legalities associated with protesting and the possible consequences they may face.
During NC State’s Diversity Education Week, I attended the “Crucial Conversations: ‘Free Speech, Free Society’” where the panel of faculty discussed free speech and the misconceptions associated with it. The largest misconception is that hate speech is not protected under free speech, when in actuality it is. Speech that is not protected by the Constitution include threats, incitements of violence, extreme obscenity and defamation, yet ignorant speech that is hateful in nature is protected under the First Amendment.
Protesting legalities are similar in nature to free speech. It is illegal to disobey law officers and/or university officials’ orders, engage in illegal group behavior or assault and silence someone else’s free speech (i.e. to shout over someone else’s speech that you disagree with).
In Maya Little’s specific case, it is illegal to deface public statues. According to the News and Observer, a law signed by former Gov. Pat McCrory prohibits “removing, relocating, or altering monuments, memorials, plaques and other markers that are on public property without permission from the N.C. Historical Commission.”
In a report from WRAL, Little explained that she had tried enacting change through every legal channel possible, but made no progress. Hence, she resorted to vandalism to get her point across that “it was not a proper historical monument at all.” As a result, she was subject to legal action in court.
Herein lies the danger of protests: often, more radical protests that break laws will receive more media attention than those that are milder. With that being said, if you feel like your opinion is correct and you want to do something extreme to get the attention of the community, then be prepared for the consequences.
Violent protests and protests-turned-riots can be riddled with disorderly conduct violations that are punishable by law. In addition, according to the Code of Student Conduct section 5.3 (Violations of Law and Disciplinary Actions) the university has the right to proceed with disciplinary procedures regardless of the current state of criminal charges. These actions can “include suspension and/or removal from University housing facilities.”
NC State students that wish to exercise their civil right to protest need to be familiar with the laws associated with free speech. A crucial resource for students planning to protest can be found here or in the resources section of NC State’s website.
Sometimes, as apparent throughout history, more radical approaches to protesting may seem to be more effective. However, it is crucial for students to understand that if you break the law then you must be prepared to suffer the consequences. Laws are established to maintain safety within communities and when they are ignored then individuals can get hurt.
The First Amendment is at the core of America’s heart, but a lack of understanding about what free speech is can be devastating to passionate students who engage in illegal behavior if they are uniformed. Armed with the proper knowledge supplied through NC State’s Office of Equity and Diversity, students can avoid misdemeanors and legal offenses. Yet if students wish to go against the law, then protest at your own risk.
