University Speech Codes

Paper Summary:

In this article, the writer notes that curtailments on free speech are usually associated with the political right, but a recent trend toward the creation of speech codes on university campuses suggests that demands for such codes come from the political left. The writer discusses that the idea for such codes is that certain types of speech has an intimidating effect and damages the educational mission of the university. Such codes may be general or may contain specific terms or types of speech that are to be prohibited, with sanctions for their use. The writer points out that critics see this as just a form of censorship that does not belong in a university, where freedom of expression should be supported and promoted. Others insist that such codes are needed to protect the most vulnerable from verbal intimidation, though it is not always possible to demonstrate any damage from speech alone. The writer concludes that the arguments for these codes are largely based on a belief that some persons who are not part of the mainstream majority need special protection as they try to enter the mainstream through education, and opposition stems from the view that free speech should really be free, that demonstrating a real harm is not possible, and the speech codes go against the real purpose of the university.

From the Paper:

"The ACLU has taken the stand that speech codes are wrong, and the organization has fought successfully against such codes at many universities. Most such battles have been at public universities, where the fight is easier because those universities are government entities and so prevented from engaging in censorship. The fight is now moving to private universities, where the burden is greater. This is noted by some engaged in a lawsuit against Stanford University in California, which, because it is a private institution ... "

Sample of Sources Used:

• Abrams, Floyd. "Look Who's Trashing the First Amendment." Columbia Journalism Review, Volume 36, Issue 4 (November-December 1997), 53-54.
• Glenn, David. "The War on Campus: Will Academic Freedom Survive?" The Nation, Volume 273, Issue 18 (December 3, 2001), 11.
• Gottfried, Paul and Richard Delgado. "Q: Do Prohibitions of Hate Speech Harm Public Discourse?" Insight on the News, Volume 12, Issue 24 (June 24, 1996), 24-26.
• Hanson, Gayle M.B. "Free Speech Still an Issue at America's Universities: The Campus Left Has Come Full Circle - from Advocating Free Speech in the Sixties to Enforcing Speech Codes Today." Insight on the News, Volume 10, Issue 28 (July 11, 1994), 14.
• Lehrer, Eli. "Another Result of Racial Politics on Campus: Unfree Speech." The American Enterprise, Volume 14, Issue 3 (April-May 2003), 40-41.

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