This Note explores legislative attempts to help reduce incidents of hate speech on university campuses. It begins by analyzing the rise in hate speech codes at public universities and examining two U.S. Supreme Court decisions in R.A.V. v. City of St. Paul and Wisconsin v. Mitchell. The author argues that a hate speech code that implements forward-looking, long-term education objective would work towards stopping hate on campus without violating students' First Amendment rights. This Note reaches the conclusion that a narrowly drawn hate speech code based on recognized First Amendment exceptions, implemented along with with education initiatives, could facilitate the end to hate speech without curtailing free speech on university campuses.
Catherine B. Johnson,
Stopping Hate Without Stifling Speech: Re-Examining the Merits of Hate Speech Codes on University Campuses,
27 Fordham Urb. L.J. 1821
Available at: http://ir.lawnet.fordham.edu/ulj/vol27/iss6/3