Tuesday, September 14, 2010

Speech Code

While many groups at universities such as fraternities decided to engage in offensive behavior, such as taking pictures of themselves mocking blacks in America, it can potentially be a problem if the admististration of a university decides to get themselves involved too much with offensive behavior. Arguably the only thing that they could do is shut down the university, but that would create a case if that scenario worsened. A university could argue that such "wrong" behavior "misrepresents" what that school stands for, and that seems fair, doesn't it? Well the problem is that legally nothing can really be done, except for a chat with the students in charge of such racist behaviors. With the hypathetical case of Evan Earl, the only thing that the presedent of the university could do is chat with him and his friends, and make them "aware" of what they were doing. If there was talk about a specific student, then the school would need to get involved with what exactly is going on, and take action against Earl and his colleagues.
Now time to define what Speech Code is. Speech code can be described as a policy that restricts certain expressions of speech, that a school would find offensive. The issue here is that speech code usually restricts speech that is indeed under the protection of the 1st Amendment of the US Constitution. If a student feels like insulting a race, or a specific group of people, eithnicity, country, etc, then they should not be punished by the school. Speech Code usually leads to a student or students who get in trouble for behaviors or things that they say that are protected as free speech. Usually the Supreme Court rules against a Speech Code, because they find those policies too "overbroad" or "vague" This means that a policy is too general and almost any expression of speech could fall into the category of "not allowed."

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