Hate Speech on College Campuses
Discrimination is prevalent within institutions of higher education and is often in the form of ‘Hate Speech’. According to the American Bar Association, hate speech is speech intended to “offend, threaten, or insult groups, based on race, color, religion, national origin, sexual orientation, disability, or other traits” (1). University students across the nation demand that hate speech be punishable by law and permanently banned on campus. However, implementing anti-hate speech laws are difficult for universities to enact because of its direct violation of the First Amendment. Instead, universities employ speech codes to protect the rights of their students to speak freely and learn in a safe environment. According to The American Civil Liberties Union (ACLU), “Speech codes adopted by government-financed states colleges and universities amount to government censorship, in violation of the Constitution” (2).Though the First Amendment grants us the freedom of speech including such hate speech, as mentioned by the ACLU, restrictions should be applied in the form of speech codes. Notable professors, Richard Delgado and Mari Matsuda, agree that hate speech obstructs on one's personal rights. I, too, agree with this assertion because hate speech creates a hostile environment for students, causes a decline in the enrollment of minority groups, speech codes are a better solution.
Hate Speech is a mechanism used to instill fear within minority
As American universities and colleges grow their demographics, diversity and ideas there is a continued and an accelerated debate regarding freedom of speech within these higher education institutions. College campuses are struggling to simultaneously provide a learning environment that is inclusive to traditionally unrepresented students while also providing an environment that allows for ideas to be challenged and debated no matter how offensive or controversial.
Charles R. Lawrence III, a law professor at Georgetown University, released an article named “On Racist Speech” against the growing frequency of racial violence, especially in University campuses in the U.S., to the Chronicle of Higher Education in 1989. Lawrence begins his article by focusing on the message that hate speech “sends a destructive message to minorities that they are inferior.” The author brings up many other examples to support his message such as the court case Brown vs the Board of Education, instances of racist posters and fliers in college dormitories, and protesting against a “fighting words exemption.” Lawrence argues that although it is difficult for the government to write a law that will prevent racist speech without
What is free speech? Does the term ‘free speech’ cover offensive words? Painful ones? Words that disrespect others? What about objectionable, or even wrong beliefs? When is speech illegal? What is exactly meant by free speech? According to Rampell, the term ‘free speech’ includes ‘hate speech’, and is therefore protected by the first amendment (np). This means that even messages we don’t like, agree with, feel uncomfortable about, or even are disgusted by, are legal. Unfortunately, many college students consider harmful words an assault, and some students believe that such verbal attacks can and should be met with violence (French np). Students and speakers today are discriminated against in classrooms and other scenes where free speech and debate should be especially cherished.
Although the First Amendment states that we should award the greatest amount of speech, racial speech is not deserving of this award because these words are meant to do nothing but harm another individual. The only time that speech may be regulated is when the victim is unable to get away from the racism such as in the home or in college bathrooms and common rooms. Lawrence feels that it is the responsibility of the university to protect the student to the fullest extent, and it is the right of the student to be able to walk around campus without being harassed. Although universities have attempted to make rules that ban the use of words as weapons to intentionally
Lawrence sheds light upon the very turbulent issue of the First Amendment right to the Freedom of speech in contrast to the inequality caused by its misuse through racially bias speech. The author states that the University officials should endorse some sort policy that will protect the rights of those who are victimized by this “racial nuisance,” while at the same time not censoring our constitutional right of free speech, “I am troubled by the way the debates has been framed in response to the recent surge of racist incidents on college and university campuses and in response universities attempts to regulate harassing speech” (Lawrence,65). Continually, Lawrence defines the set of ideals that the First Amendment was based on, particularly; equality. He goes on to show the audience that this very balance is
Free speech is the fundamental right, almost assumed as a divine ordinance on humans. Preliminary development of free speech starts at universities. Though considered an integral part of academic institutions and student intellectual growth, in the recent past there is growing intolerance for free speech ‘opinions’ expressed through different mediums. This paper compares two texts, “Free speech is flunking out on college campuses” by Catherine Rampell, and “Restoring free speech on campus” by Geoffrey R. Stone and Will Creeley. This paper argues that any text, without provisioning a counter narrative for the core argument, is lacking in its sense of completeness and ability to pre-resolve reactionary dissent.
A few college campuses across America have attempted to craft speech code regulations that restrict speech based on a fighting words approach, meaning they’ve tried to make hate speech on campuses punishable by applying the fighting words law into the college campus setting. As Timothy Shiell says in Campus Hate Speech on Trial they base this argument on three points: “1. The First Amendment does not protect fighting words. 2. Some campus hate speech constitutes fighting words. Thus 3. Campus hate speech codes punishing and preventing fighting words do not violate the First Amendment.” Two of the universities that have used this logic to create speech restrictions include the University of Wisconsin and Stanford University. While both speech codes have been struck down in court, these two codes were constructed with past cases and failed codes in mind, so that they’ve indisputably come the closest to being codes that the Supreme Court deems constitutional. Despite the ruling that these codes are unconstitutional, many advocates think that flaws were not in the speech codes, but rather, in the court’s decision.
Benjamin Franklin once said, “Without freedom of thought, there can be no such thing as wisdom; and no such thing as public liberty, without freedom of speech.” Indeed, free speech is a large block upon which this nation was first constructed, and remains a hard staple of America today; and in few places is that freedom more often utilized than on a college campus. However, there are limitations to our constitutional liberties on campus and they, most frequently, manifest themselves in the form of free speech zones, hate speech and poor university policy. Most school codes are designed to protect students, protect educators and to promote a stable, non-disruptive and non-threatening learning environment. However, students’ verbal freedom
The American Association of University Professors (AAUP) made a statement “On Freedom of Expression and Campus Speech Codes,” 1994, which states, “In response to verbal assaults and use of hateful language some campuses have felt it necessary to forbid the expression of racist, sexist, homophobic, or ethnically demeaning speech, along with conduct or behavior that harasses…”
Charles Lawrence evokes that racist speech should be regulated to avert defaming the minorities in “On Racist Speech” from the Chronicle of Higher Education. The article addresses that racial insults do not deserve to be under the First Amendment because “the perpetrator’s intention is to injure the victim” (Lawrence 2087). After all, the Supreme Court has asserted that if the perpetrator’s intention is to “inflict injury or tend to incite an immediate breach of the peace”, then they are not protected under the First Amendment (Lawrence 2086). The racist slurs on the university campus was one of the vexed topics since students should have “the right of an equal education in a safe environment” rather than being surrounded by verbal
If you keep a close eye on the news, you have heard of situations dealing with the issue of free speech on college campuses. This topic has been a hot button issue throughout recent years. Numerous institutions have become more politically correct in an effort to make their students feel safer on campus. Many people, however, claim that “word policing”, or telling students that they are not allowed to use certain vocabulary, is a violation of their right to free speech. In the articles “The Betrayal of Liberty on America’s Campuses” by Alan Charles Kors and “’Nigger’: The Meaning of a Word” by Gloria Naylor, readers are shown just how ridiculous the practice of word policing can be. Additionally, the article “Regulating Racist Speech on Campus” by Charles R. Lawrence III challenges the common arguments in favor of word policing. Based on the evidence presented in these articles, I believe that word policing is preventing college students from having honest and educational conversations on campus.
Lukianoff stated, “Many campuses still cling to speech codes….. violate First Amendment principles, seemingly without understanding that these policies not only chill speech but also teach students that an open exchange of ideas might not really be such a good thing. Administrators have been able to convince well-meaning students to accept outright censorship….that freedom of speech is somehow the enemy of social progress.” (Lukianoff 5) The wrong message is getting sent to the students who are seeking to get a higher education.
Just a couple of months ago white supremacists rallied in Charlottesville to protest the tearing down of the statue of Robert E Lee. The racism and hate they spread through their march is unquestionably disgusting and serves no purpose in our society today. This event has led to social media sites such as Twitter to crack down even harder in a plight they started over a year ago to silence hateful speech. While there are some occasional dissenters, the general population agrees with the opinion that this speech is awful in every sense. With that being said, censoring their right to free speech is a bit too rash. We can all agree that free speech is one of the most important rights we have, and with President Trump throwing around the term “fake news” at major news organizations, it is more important than ever to protect that freedom. The article “The case for restricting hate speech” by Laura Beth Nielsen of the Los Angeles Times gives an argument for why hate speech should be censored. While she provides valid points, with the absence of factual statistics, none of them are strong enough to support her thesis that hate speech should be banned. I believe that in almost every instance, hate speech should remain protected just as much as our right to free speech.
Recently, there has been a lot of discussion regarding free speech on college campuses. Our first amendment gives us the right of Free Speech but many groups retain the ability to censor it within their own organisation, such as in the workplace and in both public and private lower education. I believe that the ability should be extended to colleges and universities (both public and private). Students should have the right to be at school while feeling physically safe. An example of this right being violated because of someone else’s “free speech” was last spring at American University in which bananas were strung up on nooses around campus with AKA (a historically-black sorority) labeled on them the day after AU’s first black female student
Speech that attacks a person or group of people on the basis of race, gender, or sexual orientation is regarded as hateful. It has the potential to incite violence or prejudicial action against or by a protected group of people. In Millian Principles, Freedom of Expression, and Hate Speech, Mill makes the claim that essentially all speech, including hate speech, should be allowed. This claim holds its validity as long as no harm is done to an individual. Here, I will show that low value speech fails to engage deliberative views that underlie central first amendment fundamental liberties. Subsequently, I will support these claims by comparing the aspects of hate speech to low value speech. Lastly, I advocate for the prohibition against the use of hate speech in a university setting.