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Campus Hate Speech and Speech Codes
Many of the finest and most honest minds – conservative and liberal — in and out of academia have argued, and sometimes succeeded, that campus speech codes often cross the line to suppression of First Amendment freedom of speech. The excesses in the wording of such codes, their arbitrary and often biased application, and the fear of usurping a constitutional right, together send chills up the spine.
Nonetheless, in court cases, private colleges have more leeway to enact speech codes than do public colleges, as they are not as subject to the First Amendment prohibition on government interfering with free speech. In the face of opposition to speech codes per se colleges, both public and private, have turned to anti-harassment policies. These seemingly turn the offense from the speech to the impact on those sensitive, and in effect make judging the offense even more subjective. Alongside, many campuses have instituted judgment procedures that deny those charged from confronting their accuser or, in some cases, even appearing to defend themselves. In many cases, those supporting such near star-chamber exercises in speech or behavioral prejudice are those judging for the kangaroo procedures. And, alongside these, liberal and leftist faculty have denied tenure or opposed research by those who have empirically challenged cherished thoughts or prejudices.
So, understandably so, any further enlargement of speech codes or definition of hate speech raises hackles among almost all those who have battled the present excesses. Further, most opponents have cause for little faith that in the prevailing leftist or hypocritical atmosphere on campuses that an enlargement to anti-Israel speech and actions that are anti-semitic would be enforced or fairly.
The occasion for the current discussion is the report by members of the University of California Advisory Council on Campus Climate, Culture, and Inclusion task force on Jewish students (which I reported here). It recommends that a definition of anti-Semitism like that of the European Union be adopted to provide guidelines and current anti-harassment policies be enlarged to contain such guidelines.