The IACHR and Special Rapporteur Address Freedom of Expression as a Path to Ending Discrimination in the United States

December 27, 2023

Washington D.C. - The Inter-American Commission on Human Rights (IACHR) and its Office of the Special Rapporteur for Freedom of Expression (RELE)  held the event "Freedom of Expression as a Way to End Structural Discrimination", which addressed how censorship and restrictions on information and expression by and about vulnerable groups impede the public debate on discrimination and evidence-based dialogue on the subject of race, gender and sexual orientation.

The IACHR and its Special Rapporteur are monitoring reports and complaints about a range of state-level initiatives including book bans and gag orders that limit the exercise of the right to freedom of expression and information of persons belonging to groups historically discriminated against in the United States. These initiatives affect libraries, schools and tertiary academic spaces and could restrict conditions for a broad, plural, and robust deliberation on issues of public interest in the country.

The opening of the event was attended by Suzanne Goldberg, from the U.S. Department of State, who recognized the importance of the issue and the need for school environments to be spaces that allow different points of view, promote human rights, and make all students, across their diversities, to feel included and welcome. Also participating in the panel were Kasey Meehan, from PEN America, and Jamil Dawkwar, from the American Civil Liberties Union, institutions that are dedicated to monitoring and defending freedom of expression.

On behalf of the IACHR, the Commission’s Chair, Margarette May Macaulay, welcomed the discussion and stated that "education is a tool of transformation that enables cultural change within a society, which can then be discrimination-free, anti-racist and decolonized. Education and culture are essential to combat the prejudices that justify racial discrimination."

Commissioner Roberta Clarke, speaking to ban books in schools and libraries, noted that according to analyses carried out by civil society organizations, many of the books targeted for censorship addressed LGBTQI+ people and issues, the fight against racism, and sexual and reproductive rights.

"The denial of freedom of expression can also be a dark alley to disregard for other human rights. Let's think about how education opens our understanding of the realities and rights of others who have suffered historical and structural discrimination in law and culture," said Commissioner Clarke.

Kasey Meehan of PEN America spoke to the censorial movement as expressed in book bans and intimidatory legislation, which limit opportunities to read, learn and teach. The consequences are immediate, especially for children and students, encouraging an environment for bullying and silencing of thought and expression. "My call to action to those in this room is use your voice and our collective voice in defending the freedom to read, learn, and teach by speaking to elected leaders and following and supporting organizations defending free expression in education", said Meehan.

Jamil Dakwar stressed that this censorship and these restrictions on free speech are a backlash against activism to end structural discrimination. "Under the First Amendment, universities have to protect free speech and at the same time remove all barriers that impede access to education and make sure that the students themselves are not being discriminated against and do not feel a direct intimidating threat directed against them, so violence cannot be tolerated, and that is something that is clear," Dakwar said.

Commissioner Julissa Mantilla indicated that education and freedom of expression must go hand in hand. "Education is not only having access to all the information, but also thinking about other rights: economic, social and cultural, access to education includes going to school, but also having food, housing, having water, having all these things that sometimes we think is obvious, but it really isn't."

In this regard, the Special Rapporteur for Freedom of Expression, Pedro Vaca Villarreal, cautioned against restricts on freedom of expression.  

"The lack of freedom of expression is a cause that contributes to the disregard of other human rights and, therefore, the preservation of freedom of expression is a necessary condition for the peaceful and free functioning of democratic societies in the Americas," the Rapporteur said.

The IACHR will continue to monitor the enjoyment of the right to non-discrimination, equality, and the status of freedom of expression of vulnerable and historically discriminated populations and promote open and constructive dialogue in the US and in other contexts in the Americas and the Caribbean.

The Office of the Special Rapporteur for Freedom of Expression is an office created by the Inter-American Commission on Human Rights (IACHR) to stimulate the hemispheric defense of the right to freedom of thought and expression, considering its fundamental role in the consolidation and development of the democratic system. The IACHR is a principal and autonomous organ of the Organization of American States (OAS), whose mandate arises from the OAS Charter and the American Convention on Human Rights.

No. R319/23

2:22 PM