The United States prides itself on being a country where life, liberty and the pursuit of happiness are guarantees. And its laws are aimed to reflect that pride.
Among many Americans' most cherished freedoms are those found in the First Amendment - freedom of speech, religion, press; the right to assemble in protest and to petition government.
Those freedoms were guaranteed to every American more than 200 years ago. But now, in 2003, in East Lansing, an MSU student is finding his freedom of speech being infringed upon.
On Friday, materials science and engineering senior David Powder pleaded not guilty to misdemeanor harassment in front of 54-B District Court Judge Richard Ball. The 21-year-old faces up to 90 days in jail or a $100 fine for posting a derogatory flier in Shaw Hall.
The flier, which was found Jan. 11, mimicked a black caucus book club advertisement.
Powder's poster, which was written in German, invited students to a "White Caucus" event and displayed a naked pregnant woman. The German translates to, "The eighth annual 2003 International Sodomy Performance" and "An orgasmic night from the heathen intercourse."
While Powder's creation is sickening in its offensiveness and his bigotry should not go unnoticed, his actions are not criminal.
Yes, the views portrayed in Powder's poster are unpopular and unwelcome on this campus. But that doesn't mean his rights are to be taken away.
Yes, Powder's poster was offensive. But offending people is not illegal.
According to the Supreme Court, there are certain well-defined and narrowly limited classes of speech that are punishable by law. These narrowly defined cases include fighting words, or hate speech - words, which by their very utterance inflict injury or tend to incite violence.
Powder's poster doesn't fit into the category of those cases. His flier was not a call to arms or riot over issues of race.
It was merely a portrayal of his sick sense of humor and illustrated his ignorance in the discussion of diversity.
In his defense, Powder is claiming that his "white caucus" poster is a satire of the black caucus book club advertisement as it used the same event time, venue and contact information. The American Civil Liberties Union is backing his position.
But Powder shouldn't have to defend the worth of his poster. His speech is protected by the Constitution of the United States of America despite his choice to use it offensively and irresponsibly.
It would be wise for the 54-B District Court to drop its case against Powder because it doesn't stand up against the Constitution. Being an idiot is not illegal in the United States.
