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Recently, campus editors have been pressured to print ads and
inserts denying the reality of the Holocaust. For instance, the
infamous Committee for Open Debate on the Holocaust and Bradley
Smith, a notorious leader in the Holocaust-denial movement, have
prepared "The Revisionist: A Journal of Independent Thought," an
insert targeting college newspapers. The insert includes inflammatory
articles contesting the existence of Nazi gas chambers and attacking
the United States Holocaust Memorial Museum for "knowingly exploit[ing]
a known fraud to propagate the 'genocide' theory."
While it may seem that deciding whether to print these vicious
inserts and ads poses difficult constitutional questions, the legal
answer is quite simple: The First Amendment absolutely, unequivocally
does not require a private, independent campus newspaper to run
every advertisement submitted to it. In a letter to its
members, The Collegiate Network, which has threatened to expel any
member publication accepting these ads, explained, "No newspaper,
campus or otherwise, is obligated to sell advertising to any hate
group. This is not a free speech issue. . . ."
Undoubtedly, Holocaust-deniers have the same right to free speech
as everyone else. Even their despicable, racist speech is protected
by the Constitution. They may stand on street corners or in public
parks, asserting that the Nazi genocide never occurred. They may
hold meetings and send flyers through the mail. The government cannot
censor or punish them. This is the guarantee of the First Amendment
-- no more and no less. However, the First Amendment does not secure
anyone the right to co-opt a private newspaper. Private companies
are not bound by the constraints of the First Amendment, and individuals
have no First Amendment right to commandeer a private, professional
or college newspaper and force it to run a story or advertisement.
One Federal appellate court observed: "The right to freedom of speech
does not open every avenue to one who desires to use a particular
outlet for expression."
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