1. Insights and Implications of Campus Hate Speech Codes.
- Author
-
Downey, John P. and Jennings, Peggy
- Abstract
Student affairs personnel must both ensure the safety and basic civil rights of students and also find ways to expose students to the consequences of their actions and speech. These obligations involve tensions between students' rights to free speech and their rights to equal protection under the Constitution, thus to education free from harassment. Among current policy options is the Chaplinsky "fighting words doctrine" to be used in place of vaguely-worded policies; other policies or refinements also exist. Regardless of which approach an institution chooses, several factors must be considered when developing and implementing a hate speech policy. Among these are which minority groups are to be affected, whether the policy includes faculty as well as students, whether it extends to off-campus activities, whether harm must be actual or merely potential, how the policy will be enforced, and what the range of sanctions is to be. Institutions should take a comprehensive approach to the problem, encourage on-campus dialogue, adapt the policy to particular campus circumstances, and focus methodically and concretely on First Amendment issues. Campuses should also educate students about diversity and condemn intolerance, "censuring" rather than "censoring" racist speech. Includes and 84-item selected bibliography on verbal harassment policies. (MSF)
- Published
- 1993