Signs of the Times - Frequently asked questions
April 2006
Free Speech Chalkboard: Frequently asked questions
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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)


Comments? Questions? Write me at george@loper.org.