HermitHogan
Senior Member
- Location
- 3rd Stone from the Sun
There is no right to free speech when the speech causes fear or distress. In that case, it's known as harassment, and there are several laws that protect people from harassment.I appreciate your intent to ensure that public colleges and universities foster respectful environments. However, a policy like the one you suggest would enter very dangerous legal territory and infringe on the First Amendment. The First Amendment protects freedom of speech, even if that speech is controversial or offensive to some. Any attempt to limit protests based on the specific content of their message—such as targeting race, gender, ethnicity, culture, heritage, or religion—would likely be deemed unconstitutional.
The Supreme Court has consistently held that government entities, including public universities, cannot restrict speech based on its content or viewpoint, except in narrowly defined cases like incitement to violence, true threats, or obscenity. There are already laws in place to address these exceptions, such as laws against inciting riots or encouraging illegal actions. These provide a framework to ensure public safety without trampling on free speech rights.
While promoting a culture of respect is important, imposing content-based restrictions would undermine the very freedoms that universities should exemplify and protect. It’s crucial to address harmful speech through dialogue, education, and counter-speech rather than through restrictive policies that could set a dangerous precedent.
Title VI of the Civil Rights Act of 1964 prohibits harassment in federally funded programs or activities based on race, color, or national origin.
Title IX of the Education Amendments of 1972 prohibits harassment in education programs or activities based on sex.
For behavior to be considered harassment under these laws, it typically must be:
- Severe or pervasive: Creates a hostile environment.
- Targeted: Directed at an individual or group based on a protected characteristic.
- Interfering: Denies someone access to education, employment, housing, or safety.