Does a 'Gender Critical' meeting belong at the public library? City attorney, yes. Others, no.

A conflict about free speech and its limits has come to Burlington's public library after a a group reserved space for a discussion among those "who oppose the subversion of Women's Rights by the transgender agenda." 

Members of the public reached out to the library to express concerns about the event that was scheduled for Tuesday evening and spurred a penned statement from Fletcher Free Library Director Mary Danko. She said the city attorney advised that the event fell within the institution's room-use policies and that they would let the meeting proceed.

"To bring civility, interrogation and fervor for facts on these topics is very challenging, but should not be shied away from if we are to grow as a society," she wrote.

The meeting organizers, Gender Critical Vermont, went on to cancel the meeting on Monday afternoon, according to a Seven Days report. The organizers noted that they would reschedule the meeting at a bigger venue with security.

This is the second discussion within a week where free speech and the right to assemble made headlines in Vermont. The Middlebury College administration emailed the student body this past week to inform them that the school's Republican group planned to host Libertarian political scientist and author Charles Murray. This new invitation comes after a 2017 event where Murray's speech was was met with protests that resulted in at least 60 students being disciplined by the school's administration.

What is — and isn't — protected speech under the First Amendment 

You can get away with saying a lot thanks to the Constitution: There's only a few things that aren't fair game. 

"The First Amendment provides that Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances.

The distinction of when free speech crosses a line has been litigated in several landmark court cases that are referenced by First Amendment Watch, a project at New York University's journalism school. In the 1969 Brandenburg v. Ohio case, the Supreme Court decided a Ku Klux Klan member's speech "was not directed to inciting imminent lawless action." But in the early 2000's, the Supreme Court decided in Virgina v. Black that cross burning "can be punishable if the state can prove an intent to intimidate."

A few types of speech that fall into unprotected categories include:

• Fighting words.
• Incitement to violence.
• Obscenity.
• True threats. 

'It's about impact'

Protecting the transgender community takes precedence over arguments about free speech for the executive director of Outright Vermont.

"It may be complicated," Dana Kaplan said. "I'm not underestimating the nuances around free speech."

Kaplan's nonprofit organized, partly in response to the Gender Critical event, an open house on Tuesday "for anyone who wants to write a 'Heck Yeah' (a card or note of affirmation, care, and solidarity) to trans people, especially youth," according to a news release.

One thing isn't complicated for Kaplan: Offering an inclusive, welcoming space. Regardless of the legality, it's important for public spaces like the library to recognize the impact an event like that can have, he said. 

Free speech shouldn't come at the expense of protecting people from bigotry, hate and transphobia, Kaplan argued. He felt the threshold around controversial speech often revolves around violence. 

"There are lots of forms of violence," he said.

He offered an analogy: You got hit with a soccer ball at 35 mph or 40 mph. But you got hurt regardless — and that hurt needs to be addressed regardless of the nuances around how it happened. 

"Our laser focus is on helping youth thrive and survive." 

Who gets to decide what constitutes incitement of violence?

There's a guarantee in the First Amendment that you are allowed to speak, even if people don't like what you have to say, according to Gene Policinski, president and chief operating officer of the Freedom Forum Institute. 

"We approach restrictions on speech very gingerly," he said, especially when government is involved. 

It's important to consider that every idea and expression is permissible, he said. Nothing is off limits save for the few restrictions in place in speech (such as fighting words, child pornography and incitement to violence). 

A public library can be considered an arm of the government — and consequently could determine if there's unprotected speech at play, he said. 

Editor's note: This story may be updated. Attempts to reach organizers of Gender Critical Vermont were unsuccessful as of early Tuesday afternoon. 

Contact Maleeha Syed at mzsyed@freepressmedia.com or 802-495-6595. Follow her on Twitter @MaleehaSyed89. 

This coverage is only possible with support from our readers. Sign up today for a digital subscription.