Hate Speech: Political Correctness v. the First Amendment.
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| Title: | Hate Speech: Political Correctness v. the First Amendment. |
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| Language: | English |
| Authors: | Stern, Ralph D. |
| Peer Reviewed: | N |
| Page Count: | 18 |
| Publication Date: | 1994 |
| Document Type: | Speeches/Meeting Papers Legal/Legislative/Regulatory Materials |
| Descriptors: | Censorship, Civil Rights Legislation, Constitutional Law, Court Litigation, Elementary Secondary Education, Freedom of Speech, Racial Bias, Racial Discrimination, School Policy, Student Rights, Teacher Rights |
| Abstract: | Both freedom of speech and freedom from discrimination are generally accepted expressions of public policy. The application of these policies, however, leads to conflicts that pose both practical and conceptual problems. This paper presents a review of court litigation and addresses the question of how to reconcile the conflicting societal goals of free speech and freedom from discrimination, considering the limited guidance provided by courts. The following principles emerged from the review of cases: (1) Racially biased conduct, including speech, which interferes with another person's ability to benefit from or participate in the district's programs creates an unlawful racially hostile educational environment; (2) school districts have an affirmative obligation to take prompt and decisive remedial action when racially biased conduct creates a hostile educational environment; (3) the nature of the remedial action must be designed to redress the harm caused by the offensive conduct and prevent its recurrence; (4) speech or expressive conduct which, although offensive, does not interfere with another person's ability to benefit from or participate in the district's program is protected by the state and federal constitutions; and (5) school districts should adopt a clear statement of policy in support of an educational environment free of racial or other bias as well as a complaint procedure under which racial incidents may be fairly and systematically investigated. A model school district policy is included. (LMI) |
| Entry Date: | 1995 |
| Accession Number: | ED378695 |
| Database: | ERIC |
| Abstract: | Both freedom of speech and freedom from discrimination are generally accepted expressions of public policy. The application of these policies, however, leads to conflicts that pose both practical and conceptual problems. This paper presents a review of court litigation and addresses the question of how to reconcile the conflicting societal goals of free speech and freedom from discrimination, considering the limited guidance provided by courts. The following principles emerged from the review of cases: (1) Racially biased conduct, including speech, which interferes with another person's ability to benefit from or participate in the district's programs creates an unlawful racially hostile educational environment; (2) school districts have an affirmative obligation to take prompt and decisive remedial action when racially biased conduct creates a hostile educational environment; (3) the nature of the remedial action must be designed to redress the harm caused by the offensive conduct and prevent its recurrence; (4) speech or expressive conduct which, although offensive, does not interfere with another person's ability to benefit from or participate in the district's program is protected by the state and federal constitutions; and (5) school districts should adopt a clear statement of policy in support of an educational environment free of racial or other bias as well as a complaint procedure under which racial incidents may be fairly and systematically investigated. A model school district policy is included. (LMI) |
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