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Hate Speech: Political Correctness v. the First Amendment.

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Title: Hate Speech: Political Correctness v. the First Amendment.
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
FullText Text:
  Availability: 0
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  – Url: https://eric.ed.gov/contentdelivery/servlet/ERICServlet?accno=ED378695
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IllustrationInfo
Items – Name: Title
  Label: Title
  Group: Ti
  Data: Hate Speech: Political Correctness v. the First Amendment.
– Name: Language
  Label: Language
  Group: Lang
  Data: English
– Name: Author
  Label: Authors
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  Data: <searchLink fieldCode="AR" term="%22Stern%2C+Ralph+D%2E%22">Stern, Ralph D.</searchLink>
– Name: PeerReviewed
  Label: Peer Reviewed
  Group: SrcInfo
  Data: N
– Name: Pages
  Label: Page Count
  Group: Src
  Data: 18
– Name: DatePubCY
  Label: Publication Date
  Group: Date
  Data: 1994
– Name: TypeDocument
  Label: Document Type
  Group: TypDoc
  Data: Speeches/Meeting Papers<br />Legal/Legislative/Regulatory Materials
– Name: Subject
  Label: Descriptors
  Group: Su
  Data: <searchLink fieldCode="DE" term="%22Censorship%22">Censorship</searchLink><br /><searchLink fieldCode="DE" term="%22Civil+Rights+Legislation%22">Civil Rights Legislation</searchLink><br /><searchLink fieldCode="DE" term="%22Constitutional+Law%22">Constitutional Law</searchLink><br /><searchLink fieldCode="DE" term="%22Court+Litigation%22">Court Litigation</searchLink><br /><searchLink fieldCode="DE" term="%22Elementary+Secondary+Education%22">Elementary Secondary Education</searchLink><br /><searchLink fieldCode="DE" term="%22Freedom+of+Speech%22">Freedom of Speech</searchLink><br /><searchLink fieldCode="DE" term="%22Racial+Bias%22">Racial Bias</searchLink><br /><searchLink fieldCode="DE" term="%22Racial+Discrimination%22">Racial Discrimination</searchLink><br /><searchLink fieldCode="DE" term="%22School+Policy%22">School Policy</searchLink><br /><searchLink fieldCode="DE" term="%22Student+Rights%22">Student Rights</searchLink><br /><searchLink fieldCode="DE" term="%22Teacher+Rights%22">Teacher Rights</searchLink>
– Name: Abstract
  Label: Abstract
  Group: Ab
  Data: 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)
– Name: DateEntry
  Label: Entry Date
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  Data: 1995
– Name: AN
  Label: Accession Number
  Group: ID
  Data: ED378695
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RecordInfo BibRecord:
  BibEntity:
    Languages:
      – Text: English
    PhysicalDescription:
      Pagination:
        PageCount: 18
    Subjects:
      – SubjectFull: Censorship
        Type: general
      – SubjectFull: Civil Rights Legislation
        Type: general
      – SubjectFull: Constitutional Law
        Type: general
      – SubjectFull: Court Litigation
        Type: general
      – SubjectFull: Elementary Secondary Education
        Type: general
      – SubjectFull: Freedom of Speech
        Type: general
      – SubjectFull: Racial Bias
        Type: general
      – SubjectFull: Racial Discrimination
        Type: general
      – SubjectFull: School Policy
        Type: general
      – SubjectFull: Student Rights
        Type: general
      – SubjectFull: Teacher Rights
        Type: general
    Titles:
      – TitleFull: Hate Speech: Political Correctness v. the First Amendment.
        Type: main
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          Name:
            NameFull: Stern, Ralph D.
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      – BibEntity:
          Dates:
            – D: 19
              M: 11
              Type: published
              Y: 1994
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