This paper analyzes how absolutist arguments against campus harassment codes violate the spirit of the first amendment, examining in particular the United States Supreme Court ruling in "RAV v. St. Paul." The paper begins by tracing the current development of first amendment doctrine, analyzing its inadequacy in the campus hate speech…

The essays of this collection explore the restriction of speech and the hate speech codes that attempt to restrict bigoted or offensive speech and punish those who engage in it. These essays generally argue that speech restrictions are dangerous and counterproductive, but they acknowledge that it is very difficult to distinguish between…

A University of Michigan policy barred harassment or discrimination based on race, ethnicity, religion, sex, sexual orientation, creed, national origin, ancestry, age, marital status, handicapped, or Vietnam-veteran status. It was declared unconstitutional because it violated First Amendment rights. University officials may rewrite policy or…

Explores issues surrounding hate crime legislation and prosecution, with emphasis on motivation and first amendment issues. Hate crime legislation attempts to import the civil rights model into criminal law, but the very existence of the hate crime label raises social and political stakes in intergroup crimes. (SLD)