Frequently
asked questions:
What is the "right" of free expression?
When referring to the "right" of free expression, most people
invoke the First Amendment to the United States Constitution which, among
other rights, essentially guarantees that the government may not censor
the expression of our thoughts and ideas.
Does the right of free expression mean that I can say whatever I want,
whenever I want?
The First Amendment only applies to government acts of censorship, not to
acts by private citizens. Further the U. S. Supreme Court has determined
that the First Amendment is not absolute and certain categories of speech
do not fall under its protection. Among those classes of speech are defamation,
threats of violence, expression both intended and likely to incite others
to commit imminent illegal acts, and speech likely to provoke an immediate
violent response from the person to whom it is directed. Individuals expressing
themselves on the monument are subject to the same legal restrictions that
they would be if expressing themselves in any other similar public space.
What if somebody writes something offensive on the Community Chalkboard?
There are two ways in which a private citizen may respond to something they
don't like on the chalkboard. They may either write a response stating why
they don't like what they see or they may clean all or part of the slate.
In addition, regardless of what is on it, the slate will be cleaned by maintenance
staff on a regularly scheduled basis. Thus, everything placed on the monument
is temporary. Our hope is that most people will react to expression they
do not like by writing a response stating why they believe it is inappropriate.
Even if someone does respond by cleaning the slate, however, we believe
the monument will be serving a useful purpose by forcing that individual
to examine his or her own opinion about the role that free expression should
play in our society.
Further, while the concern over offensive language is certainly understandable,
we feel it needs to be considered in a wider context than the monument alone.
For example, a field trip by a school to any location runs the risk that
the students will hear or see profanity. Yet schools nevertheless continue
to take such trips because most people refrain from publicly using such
language, especially when children are about. We are confident that the
people of Charlottesville will exercise the same responsible discretion
when they express themselves at the monument as they do in any other public
setting. As with expression generally, we believe instances of profanity
on the chalkboard will be so greatly outnumbered by positive examples of
expression that the former will be viewed as the occasional annoyance and
the latter will be the defining character of the monument.
What if somebody wants to use spray paint to express themselves? Can
posters, flyers, etc. be placed on the Community Chalkboard?
As its name implies, the Community Chalkboard will be reserved for the expression
of ideas in chalk only. Slate is a durable natural material that can withstand
aggressive cleaning methods, should someone apply paint or a substance other
than chalk to the monument.
Who is paying for it and how much will it cost?
The funds needed for the project are currently being raised from private
sources. No tax dollars will be spent on the monument. Our goal is to raise
$273,000 for both its construction and maintenance. Once completed, we will
continue to raise funds in order to sponsor programs at the monument. If
you would like to make a tax-deductible donation to the monument, please
click here. (TJ Center
Website, April 2006)
|