Reasons For Speech Codes
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There are two distinct reasons given for the implementation of speech codes, most often given in the context of higher education institutions. The first is as follows, “First, to protect vulnerable students from threatening, truly harassing speech that amounts to 'fighting words,' which are not protected by the First Amendment“ (Downs, 1993).
The second reason is more abstract, leaving room for argument both for and against the reason. One author states, “Second, are linked to a broader ideological agenda designed to foster an egalitarian vision of social justice” (Downs, 1993). Because many institutions hold such a view in their mission statements, the justification for a policy in line with the views of the institution comes quite naturally. However, opponents of speech codes often maintain that any restriction on speech is a violation of the First Amendment. Because words and phrases typically belonging in the hate speech category could also be used in literature, quoted for socially acceptable purposes or used out loud as examples of what not to say in certain situations, it can be argued that the words and phrases have practical, intrinsic value and therefore should not be banned.
According to one scholar, hate speech complaints are up on campuses everywhere, pressuring universities to create speech codes of their own. He states:
- There were approximately 75 hate speech codes in place at U.S. colleges and universities in 1990; by 1991, the number grew to over 300. School administrators institute codes primarily to foster productive learning environments in the face of rising racially motivated and other offensive incidents on many campuses. According to a recent study, reports of campus harassment increased 400 percent between 1985 and 1990. Moreover, 80 percent of campus harassment incidents go unreported.
Critics of speech codes such as the Foundation for Individual Rights in Education (FIRE) allege that speech codes are often not enforced impartially, but serve as a form of unconstitutional viewpoint discrimination, punishing those "whose speech does not meet their subjective standards of 'political correctness'", "Progress is endangered when schools attempt to use a charge of disruption as a pretext for censoring speech."
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