Free Speech – Public College Campuses

- Policies that officially banned \"hate speech\" expression, based either on content or viewpoint - Use Chaplinsky v. NH asbackbone

- Struck down by Federal court - Too far--made \"inappropriately directed laughter\" and \"conspicuous exclusion from conversations and/or classroom discussions\" violations

- Attempted to link to existing policies dealing with non-discrimination and equal opportunity. - Aimed to make purportedly offensive speech unacceptable because it would produce discriminatory behavior

- Cross burning/hate crime case that bares similarities to speech codes (SC case) - The 1st Amendment does not permit special prohibitions on those speakers who express views on disfavored subjects - Made it unlikely an Speech Codes would be ok by SC

Bc the speech-code movement was stifled in the courts, some universities resorted to limiting student protests & demonstrations to certain select areas of the campus — called free-speech zones

They merely regulate where the speech takes place as opposed to whether the speech can take place at all.

By creating zones, the admin is saying that free speech does not exist in the areas of campus outside the zones. (Bonus: speech zone typically on less traveled areas, making it hard to have ideas shared w/ public)

- No SC Courts, but Fed courts have generally said the HS cases don't apply to colleges - Hazelwood & Bethel are \"generally inapplicable to college campuses\"

- Legal responsibility to prohibit sexual discrimination in education (Title 9) - This duty to prevent sexual discrimination extends to so-called \"hostile environment\" harassment

- The thought of silencing educators' in-class expression sounds downright repressive (the 1st A should provide for robust discussion in a classroom setting, but limiting speech to protect against some taking offence is tricky)

- Is the speech actually sexual? - Professor said: \"Focus is like sex. You seek a target. You zero in on your subject. You move from side to side. You close in on the subject. You bracket the subject and center on it. Focus connects experience and language. You and the subject become one.\" \"Belly dancing is like jello on a plate with a vibrator under the plate.\" - Students said this \"contributed to a hostile academic environment.\" - Court protectedthe speech. Said: some of Silva's statements (the vibrator statement) were not necessarily sexual. Also, UNH's sexual-harassment policy did not prohibit nonsexual verbal conduct