NCJ Number
129000
Date Published
1990
Length
4 pages
Annotation
Public colleges and universities should develop strategies to approach conflicts between first amendment rights of free speech and racial harassment on campus.
Abstract
Although the first amendment applies only to public institutions, some State laws or university documents also guarantee similar rights at private universities. Policies on racial harassment can be applied equally to situations based on gender, ethnicity, sexual orientation, or disability. While the first amendment does limit the power of universities to punish offensive speech, the growing problem of racial harassment should not be ignored. The first step in designing a university policy is to assess the need for it in light of applicable Federal and State laws. A university policy regarding racial harassment needs to be narrow and clear; however, some colleges have begun to argue for more authority to regulate offensive speech than previously granted by the Supreme Court. The policy must explicitly identify the types of speech to be penalized, and it should evolve from a consultative process that involves all elements of the university community. This type of policy should be but one element in a comprehensive response to the problem including counseling, mediation, communication, education, and recruitment.