Free Speech, Public Safety, & Controversial Speakers: Balancing Universities' Dual Roles After Charlottesville

Authors

Elisabeth E. Constantino

Document Type

Note

Abstract

(Excerpt)

This Note seeks to develop an approach to hateful and controversial speech that protects First Amendment values and students alike. Part I discusses the legal backdrop and First Amendment tradition that underlies a permissive view of hateful speech on university campuses. Part I also discusses the roots of time, place, and manner regulations and the public forum doctrine, both of which recent legislation invokes. Part II provides a timeline of events that have highlighted the tension between free speech and public safety on campuses. Part II also discusses the eruption of legislation that these events inspired. Finally, Part III recommends provisions that bills of this type can include, as well as provisions that these bills should avoid. Part III proposes a more effective form that recent legislation can take, which better balances universities’ dual roles.