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UCLA law professor says Alexandra Wallace's YouTube video constitutionally protected, police still investigating threats

By KATE PARKINSON-MORGAN
Published March 17, 2011 in News: Off The Press
Updated: March 18, 2011, 4:57 PM
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Police are still investigating the nature of the e-mail and phone call threats made against Alexandra Wallace, said university spokesman Phil Hampton on Wednesday.

Wallace, a third-year political science student, released a video called “Asians in the Library” on Friday.

The YouTube video, in which Wallace makes a number of disparaging comments about Asians, went viral Sunday evening and has since generated a tremendous response, extending far beyond the UCLA community.

The Office of the Dean of Students, headed by associate vice chancellor Robert Naples, is looking into whether Wallace’s speech violates any part of the UCLA student code of conduct.

The dean’s office has contacted Wallace and is working with her and her family, Naples said.

Although the investigation is ongoing, Naples previously suggested that the speech may conflict with the student code‘s harassment clause. But he cautioned that the student code in no way outweighs the protections afforded by the First Amendment.

Many community members have expressed opinions on whether Wallace’s speech is protected under the First Amendment. While some defended her rights to free speech, others have called her speech libelous, as well as a defamation of the Asian race and UCLA.

Eugene Volokh, a First Amendment scholar and a professor at UCLA School of Law, said he could not identify any statements made in the video that would not be constitutionally protected.

“That (the video) expresses racist views, or that it offends people, certainly does not suffice to strip it of protection,” Volokh said.

Although Naples raised the possibility of the video violating a “harassment” clause within the student code, Volokh said that even harassment is protected under the First Amendment.

“Whatever narrow harassment exceptions might eventually be found to exist – a matter that is not clear – a publication by a college student on YouTube can’t constitutionally form the basis of lawsuit or of discipline against the student,” he added.

Volokh said the speech is not libelous or defamatory. He defined libel as false and defamatory statements of fact about a particular named or easily identifiable person.

“One can’t sue someone for allegedly libeling an entire racial group or even the set of all Asian students at UCLA,” Volokh said. “The speech isn’t libelous because it does not refer to particular people, and it is mainly opinion, not false factual statements.”

The speech also does not fall under the category of “fighting words,” which is not protected under the First Amendment. Fighting words, according to Volokh, are classified as “face-to-face insults that are likely to start an immediate fight.” Because the speech was expressed through video, it cannot be characterized as face-to-face. There is also no indication that the insults were intended to start an immediate fight, Volokh said.

“Most speech, good and bad, right and wrong, offensive and inoffensive, is constitutionally protected. This speech is no exception,” Volokh said.

The Daily Bruin contacted Wallace on Tuesday, but Wallace declined to comment further, saying that she intended to focus on her finals for the time being.

Read past coverage:
“Viral YouTube video called “repugnant” by UCLA administration” – March 13
UCLA student’s YouTube video ‘Asians in the Library’ prompts death threats; violent responses criticized as equally damaging” – March 14


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13 comments

What she said may be distasteful and hurtful, but it was by no means threatening. It would be unconstitutional to expel her. She should not be officially punished by the school. I think she has suffered quite a bit since the video viraled. She will forever be known as MIss Ching Chong Ling Long. She will not have a good senior year, and should consider transferring.

8:58 PM March 17, 2011, by Linh
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if this was switched around an asian ranting on whites, title of this column would be “asian terrorist spreads hate and violence across campus grounds, white’s seek police protection”

3:18 AM March 18, 2011, by amos
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Look, if the Westboro Baptist Church, one of the most incendiary hate groups in the nation, can receive a favorable ruling by the U.S. Supreme Court on the grounds of free speech as protected by the First Amendment, then Alexandra Wallace’s idiotic ramblings are, unfortunately, no exception by far. The current social consequences she is facing right now on the local, and indeed national level should suffice for years to come.

8:30 AM March 18, 2011, by Justin Levine
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She may not be legally or constitutionally liable, but her conduct was nonetheless repugnant and, at the very least, internally within the school, an appropriate measure should be taken. She may have to do a public apology in our campus in person in front of the student body. I still don’t know if she learned any lesson from all this. Only thing I read so far was her short statement of “apology,” still embedded with an attitude, and that doesn’t tell us much. If UCLA lets this girl go without any punishment, UCLA is going to set a really bad precedent. As an alum, I’m embarrassed by her and disappointed in our admission’s office.

8:39 AM March 18, 2011, by SP
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What a way to go from POPULAR to “POOPOOLAR” way to go Alexandra!

10:54 AM March 18, 2011, by Your Name
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I know some of you are thinking it her right to the first Amendment, which is correct. However, that right contradicts, if we let the first amendment become an inconsiderate right of speech in passing judgment and thinking ones race is more superior to another is a very wrongful view of our first amendment. The right to criticize, put ones race down, to think ignorance is okay, and to say one race is more superior in exercising our first amendment, than AMERICA we have a problem. Esp. when it comes down to racial slurs and putting down ones ethnic group. If the right of one’s speech protects that? Every racism or hate crimes are a hoax. Let me ask, what is America, if the Latinos, Asians, Natives, Blacks and Whites do not make up America? We all are Americans! If you are a legal residence and were born here, we are Americans of the United States no matter what race you are. NO one’s race is superior to the other. To conclude, it is not okay to exercise racial remarks/slurs for our use of our first Amendment rights!!!!

11:00 AM March 18, 2011, by JSaelee
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http://www.youtube.com/watch?v=p1FtYjTKkXI

In that video same professor said it can be punishable base on sex, race, and religion…LOL

12:40 PM March 18, 2011, by Alex
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It one thing to vent, but it’s another thing to be offensive. I am disppointed at UCLA. I will discontinue my monthly contribution to the campus.

3:55 PM March 18, 2011, by AC
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AC, you’re an idiot to think that one person reflects the value of everyone at UCLA.

4:21 PM March 18, 2011, by kk
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What was said in that video was without a doubt racial remarks that incorrectly generalized the asian community in a negative way. Never mind if it’s protected by the First Amendment or not, what she said and the delivery of how she said those comments were tactless and inconsiderate by the judgement of any decent human being. Speaking as a current student in this campus, I’m proud of how us Bruins have handled the scandal, laughing it off and not taking it personally, but unfortunately those outside our campus aren’t handling it the we are. I think we can all agree that as a result of her racist remarks, people outside campus, the state, and even our country have stopped to think twice about UCLA’s reputation. Her thoughtless behavior has ultimately affected not only her reputation, but tainted the school’s. Look’s like SC has the last laugh after all.

10:29 PM March 18, 2011, by TrueBruin
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Someone said that one person’s remarks cannot reflect badly on UCLA as a whole. They can. They do. If a third-year Political Science student manages to pass all her course requirements and still confuses race (“Asians”) with nationality (“Americans”) their department can’t be worth much.

If I donated money to UCLA I wouldn’t be posting in the Bruin, I’d have the question to the Dean.

6:40 PM March 19, 2011, by Gordon
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Protected speech means she cannot be censored by law. But it doesn’t mean it follows the UC code of conduct all students get in their handbook, whereby we agreed not to make other students uncomfortable with our repulsive behavior. No one is forcing another viewpoint on her, and no one is keeping her from embarrassing herself further – but far far away. But she should be officially sanctioned in some way. I’m not talking about ruining her future, she’ll do that on her own. But just maybe the school should do what they would do if this was not in the public eye, sit her down and tell her her CA state subsidized education is at risk of being revoked – they have the right. If not then, all the strong words used by UC regents and Gov. Schwarzenegger in the wake of last year’s UCSD fiasco mean nothing.

And death threats my eye. She’s dropping out because she’s become unpopular.

8:54 PM March 20, 2011, by Jen
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I am a student at UCLA and I am extremely disappointed with the decision of the University for not officially expelling Wallace for reason of, in line with an editorial comment published by the New York Times, that her video is “clearly constitutionally protected”. This decision sends a different message to all the Asian members on campus: we are still easy targets. If the targeted group was toward African Americans, Jewish, and/or Muslims, the result would be different because Asians as a race, an ethnic group, a people and culture could be “humored” in that manner. There are more people who share such humor with Wallace on Chancellor Block’s Facebook. Some consider the video “funny”— and so, the Asians are just laughing stocks and white America could use to humor with fully protected right from the constitution. If this is the case, should we expect more of such “clearly constitutionally protected” video with hateful opinions to be produced soon, and in a large amount? I sure hope not. But what is true is, UCLA will not be the same anymore. This is a campus that allows for such hateful speech targeted at a particular group. Or maybe, just the groups that don’t usually make much trouble for anyone else. And so, “Asians” friends, do expect to be imitated again and forever, because you people only speak one sing-song language and you people can never be real, true, all, “American” even if you give all your brain to America, win a medal for the USA, and go fight a war and die for American democracy. When you really need democracy, you will be given CHING CHONG LING LONG TING TONG— it was like that 150 years ago, and it is still like that NOW!

10:03 PM March 21, 2011, by Hilda
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