Heckler's veto
Encyclopedia
A heckler's
veto occurs when an acting party's right to freedom of speech
is curtailed or restricted by the government in order to prevent a reacting party's behavior. The common example is that of demonstrators (reacting party) causing a speech (given by the acting party) to be terminated in order to preserve the peace.
The term was coined by University of Chicago
professor of law Harry Kalven
.
In the United States, case law regarding the heckler's veto is mixed. Most findings say that the acting party's actions cannot be pre-emptively stopped due to fear of heckling by the reacting party, but in the immediate face of violence, authorities can ask the acting party to cease their action in order to satisfy the hecklers.
The best known case involving the heckler's veto is probably Feiner v. New York
, handed down by the Supreme Court in 1951. Chief Justice Fred M. Vinson
, writing for the majority, held that police officers acted within their power in arresting a speaker if the arrest was "motivated solely by a proper concern for the preservation of order and protection of the general welfare." 340 U.S. 315.
It was rejected in Hill v. Colorado, where the Supreme Court rejected the "Heckler's Veto," finding "governmental grants of power to private actors" to be "constitutionally problematic" in cases where "the regulations allowed a single, private actor to unilaterally silence a speaker"
in which he claims that "First Amendment law is clear that everyone has the right to picket a speaker, and to go inside the hall and heckle him or her—but not to drown out the speaker, let alone rush the stage and stop the speech before it starts. That's called the 'heckler's veto'."
In Hentoff's formulation, the heckler him or herself is the party which directly carries out the "veto" and suppresses speech. This runs counter to the legal meaning of the phrase, 'Note that, to a lawyer familiar with the First Amendment law, the phrase "heckler's veto" means something different than the plain English interpretation of the words suggests. In First Amendment law, a heckler's veto is the suppression of speech by the government, because of [the possibility of] a violent reaction by hecklers. It is the government that vetoes the speech, because of the reaction of the heckler. Under the First Amendment, this kind of heckler's veto is unconstitutional.'
University of California, Irvine
Law School Dean Erwin Chemerinsky
has invoked the concept in an editorial following an incident in which heckling by individual students disrupted a speech by the Israeli ambassador, Chemerinsky explained that broad freedom exists to invite speakers and hold demonstrations, but that once a speaker has begun an invited lecture, “You have the right – if you disagree with me – to go outside and perform your protest. But you don’t get the right to come in when I’m talking and shout me down. Otherwise people can always silence a speaker by heckler’s veto, and Babel results.”
Michigan State University
professor of political science William B. Allen has used the phrase verbal terrorism to refer to the same phenomenon, defining it as "calculated assault characterized by loud side-conversations, shouted interruptions, jabbered false facts, threats and personal insults."
Danny Ayalon has suggested that the tactic be combated by videotaping the shouters.
Heckler
A heckler is a person who harass and try to disconcert others with questions, challenges, or gibes.Hecklers are often known to shout disparaging comments at a performance or event, or interrupts set-piece speeches, for example at a political meeting, with intent to disturb its performers or...
veto occurs when an acting party's right to freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
is curtailed or restricted by the government in order to prevent a reacting party's behavior. The common example is that of demonstrators (reacting party) causing a speech (given by the acting party) to be terminated in order to preserve the peace.
The term was coined by University of Chicago
University of Chicago
The University of Chicago is a private research university in Chicago, Illinois, USA. It was founded by the American Baptist Education Society with a donation from oil magnate and philanthropist John D. Rockefeller and incorporated in 1890...
professor of law Harry Kalven
Harry Kalven
Harry Kalven, Jr. was an American jurist, regarded as one of the preeminent legal scholars of the 20th century. He was the Harry A. Bigelow Professor of Law at the University of Chicago Law School. Kalven coauthored, with Charles O...
.
In the United States, case law regarding the heckler's veto is mixed. Most findings say that the acting party's actions cannot be pre-emptively stopped due to fear of heckling by the reacting party, but in the immediate face of violence, authorities can ask the acting party to cease their action in order to satisfy the hecklers.
The best known case involving the heckler's veto is probably Feiner v. New York
Feiner v. New York
Feiner v. New York, 340 US 315 was a United States Supreme Court case involving Irving Feiner's arrest for a violation of section 722 of the New York Penal Code, "inciting a breach of the peace," as he addressed a crowd on a street.- Facts :...
, handed down by the Supreme Court in 1951. Chief Justice Fred M. Vinson
Fred M. Vinson
Frederick Moore Vinson served the United States in all three branches of government and was the most prominent member of the Vinson political family. In the legislative branch, he was an elected member of the United States House of Representatives from Louisa, Kentucky, for twelve years...
, writing for the majority, held that police officers acted within their power in arresting a speaker if the arrest was "motivated solely by a proper concern for the preservation of order and protection of the general welfare." 340 U.S. 315.
It was rejected in Hill v. Colorado, where the Supreme Court rejected the "Heckler's Veto," finding "governmental grants of power to private actors" to be "constitutionally problematic" in cases where "the regulations allowed a single, private actor to unilaterally silence a speaker"
Laymen's use of the phrase
Heckler's veto is often used outside a strict legal context. One example is an article by Nat HentoffNat Hentoff
Nathan Irving "Nat" Hentoff is an American historian, novelist, jazz and country music critic, and syndicated columnist for United Media and writes regularly on jazz and country music for The Wall Street Journal....
in which he claims that "First Amendment law is clear that everyone has the right to picket a speaker, and to go inside the hall and heckle him or her—but not to drown out the speaker, let alone rush the stage and stop the speech before it starts. That's called the 'heckler's veto'."
In Hentoff's formulation, the heckler him or herself is the party which directly carries out the "veto" and suppresses speech. This runs counter to the legal meaning of the phrase, 'Note that, to a lawyer familiar with the First Amendment law, the phrase "heckler's veto" means something different than the plain English interpretation of the words suggests. In First Amendment law, a heckler's veto is the suppression of speech by the government, because of [the possibility of] a violent reaction by hecklers. It is the government that vetoes the speech, because of the reaction of the heckler. Under the First Amendment, this kind of heckler's veto is unconstitutional.'
University of California, Irvine
University of California, Irvine
The University of California, Irvine , founded in 1965, is one of the ten campuses of the University of California, located in Irvine, California, USA...
Law School Dean Erwin Chemerinsky
Erwin Chemerinsky
Erwin Chemerinsky is an American lawyer and law professor. He is a prominent scholar in United States constitutional law and federal civil procedure...
has invoked the concept in an editorial following an incident in which heckling by individual students disrupted a speech by the Israeli ambassador, Chemerinsky explained that broad freedom exists to invite speakers and hold demonstrations, but that once a speaker has begun an invited lecture, “You have the right – if you disagree with me – to go outside and perform your protest. But you don’t get the right to come in when I’m talking and shout me down. Otherwise people can always silence a speaker by heckler’s veto, and Babel results.”
Michigan State University
Michigan State University
Michigan State University is a public research university in East Lansing, Michigan, USA. Founded in 1855, it was the pioneer land-grant institution and served as a model for future land-grant colleges in the United States under the 1862 Morrill Act.MSU pioneered the studies of packaging,...
professor of political science William B. Allen has used the phrase verbal terrorism to refer to the same phenomenon, defining it as "calculated assault characterized by loud side-conversations, shouted interruptions, jabbered false facts, threats and personal insults."
Danny Ayalon has suggested that the tactic be combated by videotaping the shouters.