Though hard-hitting, the ad was not racist. Regardless, outraged student groups demanded recantation. Rather than using the occasion to engage the question of reparations or to talk about the pros and cons of free speech, the Daily Californian took the easy way out, avoiding the pressure by apologizing and promising to never run such a statement again. It is increasingly clear that the Free Speech Movement has given way to the Freedom From Speech Movement. For example, when a jury finds itself under intense social pressure to convict a defendant, no one would claim that it performs its constitutional or social duty if it yields to this force rather than considering only the guilt or innocence of the defendant under the law.
Free speech has the same constitutional status as the right to a fair trial.
It is for this reason that the story of the Badger Herald is so inspiring. Last week, the Herald printed the Horowitz ad. Student protest erupted immediately. No doubt feeling empowered by the Berkeley precedent, activists demanded that the Herald issue a formal apology and a promise to publish such material never again. Everyone involved knew right away that a classic free speech showdown was at hand.