Legal Question in Constitutional Law in Pennsylvania

The KKK, children, and freedom of speech.

I am in the process of writing a petition against certain material on the KKK Youth Corp website.

Now, there are many technicalities with this. I'll list my questions...

-Does the separation of Church and State give the right to educate children about the KKK in whichever way they (the KKK) so chooses to? I.E. Handing out pamphlets, websites, etc.

-Is freedom of speech pardoned for children? They are not yet fully developed and do not have the capability to understand like most adults would.

Thank you for your time.


Asked on 1/12/04, 10:28 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: The KKK, children, and freedom of speech.

The KKK is a private organization and not part of the government or of any religion. Separation of church and state has nothing to do with the KKK's "educational" activities. Both the organization and its members have the First Amendment right to free speech, and may distribute pamphlets or maintain web sites just like anyone else.

I'm not sure what you mean when you ask if freedom of speech is "pardoned for children," but from the context of your question I believe you are asking whether an adult's right to free speech includes speech directed toward other people's children. The answer is yes, although there are some limitations on directing obscenity toward children which would apply differently to an adult audience.

I'm also unsure to whom you are directing your petition against the Klan's web site. If you are directing it to the government you are almost certainly wasting your time, since the web site is almost certainly legal and since the government has no authority to act against any person or organization for expressing their beliefs. If the petition is intended for the Klan, well, it will surely fall on deaf ears.

It is a parent's job to educate children about what is right and wrong in the world, even though others will try to influence them. If you want your children to learn that the KKK's message is wrong, the solution is for you to teach them and set a good example, not try to silence those whose speech (hopefully) offends you. Since the law won't permit you to silence the KKK anyway, you should look to yourself for a way to teach your children the difference between right and wrong.

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Answered on 1/12/04, 12:16 pm


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