Preview

Speech Codes on College Campuses Example

Powerful Essays
Open Document
Open Document
1337 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Speech Codes on College Campuses Example
A Quick Fix:
Speech Codes on College Campuses
Beginning in the 1980's and going strong into the early 90's, speech codes on college campuses restricted the radical words that initiated protests by students, faculty, and staff members. Limitations defined by college administrators controlled the context and content of what its affiliates could say freely in the jurisdiction of the campus. In spite of this, outraged students demanded that their First Amendment rights be protected and took their colleges' speech codes to the court room. Although Federal Courts felt that speech codes were based on good intentions, the plaintiff's always brought home the gold. Speech codes were deemed unconstitutional under the ordinance that they were either "vague" or "overbroad" (as cited in Hudson Jr., 2005). Speech codes were quick fixes to a deeper problem; college administrators were putting a band-aid on a wound that needed stitches.
Proponents advocating for speech codes on college campuses claimed that it provided a safe environment for the campuses affiliates. Students should not have had to fear repercussions for their "immutable characteristics" or opinions based on theories, beliefs, or morals (Fraleigh and Tuman, 1997, p. 170). Hate speech, which is any form of insult directed at a single group based on a similar characteristic, was the trigger that jump started speech codes. Regarded by some as unnecessary for the learning environment, hate speech has provoked many violent crimes, but even fiercer battles within the walls of the courtroom. Proponents maintained that hate speech was comparable to fighting words, a type of speech that does not receive First Amendment protection (Hudson Jr., 2005). Speech codes were not developed to restrict speech, but to protect the victims from the offensive words made by others on a college campus.
To answer the question of whether speech codes were constitutional or not, we must look at both sides being argued. Advocates wished to

You May Also Find These Documents Helpful

  • Good Essays

    Bethel V Fraser

    • 663 Words
    • 3 Pages

    On April 26, 1983, Matthew Fraser gave a speech nominating another student for an elected position. The speech was given to about 600 fourteen year olds that chose to attend this assembly. The speech contained sexual innuendo. Before giving the speech Fraser received advise from several teachers that he should change the speech or not give one at all. But he refused to take their advice (2). The next day, he was called in to an administrative office and was suspended for three days and was told he would not be able to give his speech during graduation even though he was at the time the salutatorian. The family of Fraser filed a grievance with the Pierce County school board, but the officer upheld the suspension. In response, to that decision Matthew’s father filed a case against the school district. The District Court ruled that the student’s First Amendment right was infringed upon. The students was awarded a monetary judgment and allowed to give his graduation speech. Later, the Court of Appeals for the Ninth Circuit affirmed the judgment of the District Court (4). Later, the US Supreme Court reversed the Court of Appeals in a 7-2 vote to reinstate the suspension, saying that the school district's policy did not violate the First Amendment (3).…

    • 663 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Chapter 5 Govt 1

    • 1253 Words
    • 6 Pages

    Objective 2: Describe the different standards by which the Supreme Court has determined whether restrictions on freedom of speech are acceptable.…

    • 1253 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Garner Vo-Tech Case Study

    • 1706 Words
    • 7 Pages

    Schools may regulate student speech that results in a material and substantial disruption within the school. Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 509, 513 (1969). Garner Vo-Tech must show either that there was an actual disruption within the school or that officials reasonably anticipated a material and substantial disruption was likely to occur. Alternatively, the Court could expand the exception found in Morse that waives the disruption requirement and include speech that calls for the bullying and harassment of a specific student. Morse v. Fredrick, 551 U.S. 393, 407 (2007).…

    • 1706 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Des Moines court case was written by Justice Abe Fortas. Its contents contribute to the ideas of those who believe certain kinds of speech should not be prohibited within an educational setting. In this majority opinion statement, Justice Abe Fortas reveals that there is an “absence of a specific showing of constitutionally valid reasons to regulate [students’] speech” (Tinker v. Des Moines Independent Community School District by Justice Abe Fortas par. 9). Because of this absence of reason, students should be allowed to express their opinions and views on topics of their choice. Justice Abe Fortas justifies his statement by referencing another court case that says “school officials cannot suppress ‘expressions of feelings with which they do not wish to contend’ Burnside v. Byars, supra, at 749” (par. 9).…

    • 840 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Silvergate notes that limiting free speech would fall to the responsibility of college administrators who will undoubtedly over censor due to the broad harassment regulations the proposed bill contains. He supports this point by adding that the Individual Rights Foundation, FIRE already claims harassment as “the most abused tool to limit free speech.”…

    • 322 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    This article talked about how the students of UC Berkeley were protesting against a speech being given at their school, and how the sponsors of this group were forced to pay $15,000 in security fees. Then on top of that fee the school paid an additional $600,000 to create cemented barriers and have armed forces on campus during the meeting. Personally I feel these precautions were unnecessary however due to the way students were reacting it had to be done. Another subject brought up in the article was the fact that 44 percent of students said that the First Amendment does not protect "hate speech", 51 percent said that they would be in favor of students speaking out against a speaker "known for making offensive and hurtful statements" and 19 percent of students said the use of violence against controversial speakers is acceptable. This information frustrates me because freedom of speech is black and white, personal opinions shouldn’t interfere with our rights.…

    • 277 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    This language restricts government’s ability to constrain the speech of citizens, however, the prohibition on abridgment of the freedom of speech is not absolute. Notwithstanding the often broad freedom of expression guaranteed by the First Amendment, there are some historically rooted exceptions, as the Supreme Court has identified categories of speech that are not protected by the First Amendment and may be prohibited entirely. Among these categories are “fighting words” and words and actions that create an incitement of violence, both of which lay beyond the shield of First Amendment protection. I. Background In 1942, the United States Supreme Court established the “fighting words” doctrine by a 9-0 decision in Chaplinsky v. New Hampshire, where the Court held that fighting words “by their very utterance inflict injury or tend…

    • 1369 Words
    • 6 Pages
    Better Essays
  • Good Essays

    By definition, a speech code is any rule or regulation that limits, restricts, or bans speech beyond the strict legal limitations upon freedom of speech or press found in the legal definitions of harassment, slander, libel, and fighting words (First Amendment). There is not one real speech code that all public college campuses follow. The first amendment includes freedom of speech, but does not limit any speech codes on college campuses. The first amendment states that students have the freedom of speech unless there is "substantial interference with school discipline or the rights of others". (First Amendment). The speech that is protected under the first amendment is very vague especially considering schools and campuses. Finding a set standard for what the speech codes for college campuses should be easier than it is now; there should be a set definition that lays out rules for speech on campuses.…

    • 789 Words
    • 4 Pages
    Good Essays
  • Better Essays

    As Roger Rosenblatt endured in countries of constrained inhabitants, “the secret publication of books, the pirated music, the tricky subversive lines of poetry read at vast gatherings of tens of thousands. And the below the surface comedy” (503) will continuously arise no matter the discouragement present. In a country founded on its freedoms, the retraction of any of those privileges will be met with extreme adversity. Moreover, “since free is the way people's minds were made to be” (Rosenblatt 502) the restriction of verbal expression will only cause riots and outrage. Currently, various universities and colleges have faced the backlash of unjust speech limitations on their campuses. One student attending a college in Arizona prepares to sue the school for, “her school’s so-called “speech zone,” arguing the policy “severely limited” her right to free speech and due process” (Harkness). Reactions to a decrease in the liberty to speak freely induces immediate retaliation and hardship, in addition, to being entirely unnecessary. To keep the peace and stability, the United States must keep the freedom of speech as it was intended to be used, freely.…

    • 1325 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    Citizens United Case

    • 1758 Words
    • 8 Pages

    Wu, T. (2010). The Future of Free Speech. Chronicle of Higher Education, 57 (13), B4-B5.…

    • 1758 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    According to the text former liberal activist- author, conservative activist- author David Horowitz tried to speak at San Francisco State University. Little did he know that is was going to end very poorly. During his speech he was interrupted the entire time by a group of college students in the back who were protesters. They shouted and commented on almost everything that he had to say. These bullies didn 't only hurt David but they also hurt the people who were actually trying to listen to the presentation. In "Speech Codes: Alive and Well at Colleges" there are different forms of bullies. It describes how there are kids who put racial, or sexual harassment cartoons/articles in school newspapers. Most of the time a student will say something to a faculty member and the problem will get resolved fairly quick. Sometimes if it is a teacher that is involved in the harassment the dean of the college will have to get involved. If this occurs the teacher will either resign or come to a compromise like at the Harvard Business school. There were two teachers who got caught up in a racial harassment problem. One resigned, and the other agreed that from that moment on there would have to be a video camera taping his class in case there was anything like that again. As you can see these articles have two different forms of…

    • 901 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In higher education, public universities/colleges in the United States of America must respect students’ civil rights. These rights are stated under the United States Constitution, one entitlement is the First Amendment. The First Amendment protects the freedom of speech. Every student in an institution has the right to the freedom of speech. One free speech topic is the freedom in student press/ publication. Freedom in student press/publication is a speech is protected under the First Amendment. The student has the right to his or her own opinion. When these rights are violated, the student can file suit against the college and/or university.…

    • 1007 Words
    • 5 Pages
    Good Essays
  • Good Essays

    In the debate over censorship of hate speech on college campuses, the opponents conclude that colleges should censor hate speech on campus because minorities have the civil right to equal enjoyment of education, free of harassment. On the other side of the debate, the supporters conclude that we should not censor hate speech on campus because students have a right to academic freedom. In this essay I will conclude that colleges should not censor hate speech.…

    • 596 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In the United States of America and in almost all countries, there are laws against harassment, libel, threats, and incitement to commit crimes. These speech codes are for the safety of citizens and are often used to suppress hate speech in private institutions and in the workplace. Speech codes should be allowed on college campuses in order to create a safe environment for people of different sexes, races, sexual orientation, religions, and classes, and to provide an equal learning environment for all by limiting the freedom of speech.…

    • 1668 Words
    • 7 Pages
    Good Essays
  • Good Essays

    College students that belong to the majority group usually aren’t fond of being told that their unintentional actions mean they’re actually a racist. Conversely, those who support these checks on language grow more angry, discouraged that their majority counterparts cannot agree with strict rules on communication. Whenever something offensive is spoken, students adopt a victimized sense of self, creating a tirade of upheaval. Rather than developing mob mentality, calling for major change, peaceful discussion should instead be…

    • 742 Words
    • 3 Pages
    Good Essays