A Different Look at the First Amendment and Speech Codes
Format
Oral Presentation
Faculty Mentor Name
Zhou Xiaojing
Abstract/Artist Statement
There is a growing problem among universities. across the United States. The problem is how to combat hate-speech on campus without limiting students' First Amendment constitutional right to free speech. A prominent solution that many universities are developing and have tried to implement is speech codes. However, many of the universities' speech codes have been struck down by courts as unconstitutional due to their vagueness and over breadth. The purpose of this essay is: to analyze the First Amendment from a critical race theory perspective, and to argue for the implementation of speech codes on universities. First, I will address a few critical First Amendment court cases that have greatly impact the debate on speech codes. Secondly, drawing from a wide range oftheory base sources, I will argue that the First Amendment is not equally applied to minorities as it applies to the majority. Thirdly, I will argue that speech codes are needed: to give minority a legal mechanism to address their hurt that gives legitimacy to their hurt, voice and rights. In this essay I will not be arguing for a specific type of speech code or for any alterations in the current speech code models. Rather, I am advocating for the implementation of the idea of a speech code in general. I! eave the meticulous task of drafting a well written, narrowly drafted, and specifically tailored speech code for others.
Location
Wendell Phillips Center, Room 143
Start Date
3-5-2008 9:00 AM
End Date
3-5-2008 12:30 PM
A Different Look at the First Amendment and Speech Codes
Wendell Phillips Center, Room 143
There is a growing problem among universities. across the United States. The problem is how to combat hate-speech on campus without limiting students' First Amendment constitutional right to free speech. A prominent solution that many universities are developing and have tried to implement is speech codes. However, many of the universities' speech codes have been struck down by courts as unconstitutional due to their vagueness and over breadth. The purpose of this essay is: to analyze the First Amendment from a critical race theory perspective, and to argue for the implementation of speech codes on universities. First, I will address a few critical First Amendment court cases that have greatly impact the debate on speech codes. Secondly, drawing from a wide range oftheory base sources, I will argue that the First Amendment is not equally applied to minorities as it applies to the majority. Thirdly, I will argue that speech codes are needed: to give minority a legal mechanism to address their hurt that gives legitimacy to their hurt, voice and rights. In this essay I will not be arguing for a specific type of speech code or for any alterations in the current speech code models. Rather, I am advocating for the implementation of the idea of a speech code in general. I! eave the meticulous task of drafting a well written, narrowly drafted, and specifically tailored speech code for others.