ERIC Number: EJ756583
Record Type: Journal
Publication Date: 2006-Dec-1
Pages: 1
Abstractor: ERIC
ISBN: N/A
ISSN: ISSN-0009-5982
EISSN: N/A
Only Speech Codes Should Be Censored
Pavela, Gary
Chronicle of Higher Education, v53 n15 pB14 Dec 2006
In this article, the author discusses the enforcement of "hate speech" codes and confirms research that considers why U.S. colleges and universities continue to promulgate student disciplinary rules prohibiting expression that "subordinates" others or is "demeaning, offensive, or hateful." Such continued adherence to speech codes is by now predictable, but remains puzzling. From a lawyer's perspective, the courts have spoken: Broadly written speech codes adopted by public institutions--and private institutions adhering to First Amendment standards--are unconstitutional. The legal parameters are becoming so well settled that enforcement of those codes may expose public-college administrators to personal liability for violating clearly established constitutional rights. Understanding the speech-code phenomenon, however, requires looking beyond the law to the realities of campus politics. However sporadically enforced, speech codes serve the administrative purpose of broadcasting an easily identifiable institutional commitment to providing a safe and welcoming environment to a wide array of presumably vulnerable students. What's rarely considered, however, is the likely long-term impact on those very students whom administrators seek to protect.
Descriptors: Constitutional Law, Freedom of Speech, Censorship, College Administration, School Policy
Chronicle of Higher Education. 1255 23rd Street NW Suite 700, Washington, DC 20037. Tel: 800-728-2803; e-mail: circulation@chronicle.com; Web site: http://chronicle.com/
Publication Type: Journal Articles; Opinion Papers
Education Level: Higher Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: First Amendment
Grant or Contract Numbers: N/A