Can a school board ban Washington Redskins clothing?

The board just enacted this rule, effective in the fall: Students may not wear clothing with words, pictures or caricatures based on negative stereotypes of a specific gender, race, ethnicity, nationality, religion, sexual orientation or disability. Students may not wear shirts, hats or other attire with Native American team names, logos or mascots that depict…

There is no such thing as hate speech

Volokh is on the case: I keep hearing about a supposed “hate speech” exception to the First Amendment, or statements such as, “This isn’t free speech, it’s hate speech,” or “When does free speech stop and hate speech begin?” But there is no hate speech exception to the First Amendment. Hateful ideas (whatever exactly that…

Does a hostile learning environment on campus trump free speech?

Of course not, it’s a matter of laws versus the Constitution. From Volokh: What I found noteworthy, though, was the statement from Ibrahim Hooper, the spokesman for the Council on American-Islamic Relations: [Anti-Muslim speakers] create a hostile learning environment for Muslim and Arab-American students, and that’s what they’re designed to do. … They’re designed to…

Can U Oklahoma racist frat boys be suspended or expelled for that video?

Nope, guess again: 1. First, racist speech is constitutionally protected, just as is expression of other contemptible ideas; and universities may not discipline students based on their speech. That has been the unanimous view of courts that have considered campus speech codes and other campus speech restrictions — see here for some citations. The same, of course,…

10 most fascist universities in the U.S.

http://www.huffingtonpost.com/greg-lukianoff/10-worst-for-free-speech_b_6769564.html Most made the list for the usual reasons, namely, hurting someone’s feelings. But the amazing story is Modesto Junior College, where a student was targeted simply because he tried to hand out copies of the Constitution on Constitution Day! It gets worse: when a faculty member sent out an email supporting the student’s free…