Addressing Hate Speech and Hate Behaviors in Codes of Conduct: A Model for Public Institutions

NASPA Journal ◽  
1998 ◽  
Vol 35 (3) ◽  
Author(s):  
Jan Alan Neiger ◽  
Carolyn Palmer ◽  
Sophie Penney ◽  
Donald D. Gehring
Keyword(s):  
First Amendment ◽  
Hate Speech ◽  
Codes Of Conduct ◽  
Case Law ◽  
Hate Crimes ◽  
Public Institutions ◽  
Extensive Experience

As part of a larger study, the researchers collected campus codes prohibiting hate crimes, which were then reviewed by one of the authors, an attorney with extensive experience in First Amendment case law, to determine whether the codes presented constitutional problems. Based on this review, the authors developed a model policy that is content neutral and does not use language that could be viewed as unconstitutionally vague or broad. This model can provide institutions with guidelines for drafting constitutionally sound codes.

The Cheerleaders’ Mock Execution

2011 ◽  
Vol 14 (4) ◽  
pp. 1-9
Author(s):  
Laura Trujillo-Jenks
Keyword(s):  
Public Schools ◽  
Free Speech ◽  
Hate Speech ◽  
School Administrators ◽  
Codes Of Conduct ◽  
Code Of Conduct ◽  
Case Law ◽  
Student Speech ◽  
New Principal ◽  
Culture And Climate

The fervor of student speech is demonstrated through different mediums and venues in public schools. In this case, a new principal encounters the mores of a community that believes in free speech, specifically student free speech. When a pep rally becomes a venue for hate speech, terroristic threats, and profanity, the student code of conduct could become the principal’s best weapon. This case explores case law, codes of conduct, organizational culture and climate, and leadership in the context of a controversial cheerleader sketch at a pep rally. A brief literature review can be found in the teaching notes with suggestions for current and future school administrators.

scholarly journals Missing Links: The First Amendment's Place in an Ever-Changing Web

2019 ◽  
Vol 19 (1) ◽  
Author(s):  
Erin M. Holliday
Keyword(s):  
First Amendment ◽  
Civil Liberty ◽  
Case Law ◽  
Hate Crimes ◽  
Online Forums ◽  
Hate Groups ◽  
Private Companies ◽  
Legal Questions ◽  
The Government ◽  
Benefits And Costs

Legal questions remain surrounding hateful rhetoric online, including when the government should or can legally step in and do something to prevent acts of terror or hate crimes. This Article explores the current legal landscape surrounding access to publishing online, and its benefits and costs for everyday users and private companies. Through a First Amendment lens, as well as other relevant case law, legislation, and regulation, this Article seeks to provide an understanding of the civil liberty implications of how a change in the law or policy would affect the rights of private companies and publishers and users, both readers and writers of content. This analysis focuses specifically on legal ramifications, protections, and liabilities of major social media outlets and news sites, as well as easily accessible online forums and public-facing websites of hate groups.

Hate Speech and Hate Crimes: Campus Conduct Codes and Supreme Court Rulings

NASPA Journal ◽  
1997 ◽  
Vol 34 (2) ◽  
Author(s):  
Carolyn J. Palmer ◽  
Sophie W. Penney ◽  
Donald D. Gehring ◽  
Jan A. Neiger
Keyword(s):  
Supreme Court ◽  
Hate Speech ◽  
Codes Of Conduct ◽  
Hate Crimes ◽  
College Campuses ◽  
Student Affairs Officers ◽  
Senior Student Affairs Officers ◽  
Senior Student ◽  
Actual Use ◽  
Supreme Court Rulings

The authors report on a study designed to assess the use of language prohibiting hate crimes in campus codes of conduct and to determine whether such language unlawfully regulates speech or behavior, or both. The familiarity of senior student affairs officers with the R.A.V. and Wisconsin Supreme Court decisions is also assessed, along with the perceived applicability and actual use of the decisions in revising codes of conduct on college campuses.

Addressing Hate Speech and Hate Behaviors in Codes of Conduct: A Model for Public Institutions

1998 ◽  
Vol 35 (3) ◽  
pp. 193-206
Author(s):  
Jan Alan Neiger ◽  
Carolyn Palmer ◽  
Sophie Penney ◽  
Donald D. Gehring
Keyword(s):  
Hate Speech ◽  
Codes Of Conduct ◽  
Public Institutions

scholarly journals Hate speech and the normative foundations of regulation

2013 ◽  
Vol 9 (4) ◽  
pp. 590-617 ◽  
Author(s):  
Eric Heinze
Keyword(s):  
State Government ◽  
First Amendment ◽  
Opposite Direction ◽  
Hate Speech ◽  
Codes Of Conduct ◽  
American University ◽  
University Campuses ◽  
The Us ◽  
Us Supreme Court ◽  
Normative Foundations

Racist incidents on American university campuses in the 1980s triggered a storm of publications by scholars who coined the phrase ‘hate speech’ for the legal lexicon. Some of the offences had already been subject to legal or institutional penalties for harassment or vandalism. Several universities nevertheless adopted broad codes of conduct to penalise hateful expression. For two decades, however, the US Supreme Court had been marching in the opposite direction. It was interpreting the Constitution's First Amendment to prevent federal or state government from punishing speakers solely on grounds of the viewpoints they express.

The Rights of Gay Student Organizations at Public State-Supported Institutions

NASPA Journal ◽  
1997 ◽  
Vol 34 (2) ◽  
Author(s):  
Sherry L. Mallory
Keyword(s):  
First Amendment ◽  
Student Organizations ◽  
Fourteenth Amendment ◽  
Public Institutions ◽  
Campus Policy

The author considers the rights of gay student organizations at state-supported public institutions, discusses the First Amendment and equal protections clause of the Fourteenth Amendment as they pertain to gay student organizations, and offers advice on the major principles and issues that should be taken into account in writing a campus policy regarding the rights of gay student organizations.

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