- Jul 12, 2003
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College speech codes draw federal scrutiny
Speech and expression that offends someone should not be subject to restriction or censorship on the grounds that it constitutes "harassment," as some colleges have argued, Mr. Reynolds said in the letter, issued without fanfare July 28.
"In addressing harassment allegations, OCR has recognized that the offensiveness of a particular expression, standing alone, is not a legally sufficient basis to establish a hostile environment under the statutes enforced by OCR," Mr. Reynolds said.
"In order to establish a hostile environment, harassment must be sufficiently serious (i.e., severe, persistent or pervasive) as to limit or deny a student's ability to participate in or benefit from an educational program," he said.
"OCR's regulations and policies do not require or prescribe speech, conduct, or harassment codes that impair the exercise of rights protected under the First Amendment."
The Bush administration letter comes in the wake of charges by civil liberties groups that speech and conduct codes have been imposed on many college and university campuses to achieve "political correctness" in discussion of contentious issues.
"University campuses are strongholds of left-liberalism where constitutionally protected rights, such as freedom of speech and religion, are routinely violated," said Wendy McElroy, editor of ifeminists.com and a research fellow for the Independent Institute in Oakland, Calif.
Most victims of college "speech police" are "students who are male, white, conservative, openly Christian or from affluent families," Ms. McElroy said.
http://www.washtimes.com/national/20030813-114350-1825r.htm
Speech and expression that offends someone should not be subject to restriction or censorship on the grounds that it constitutes "harassment," as some colleges have argued, Mr. Reynolds said in the letter, issued without fanfare July 28.
"In addressing harassment allegations, OCR has recognized that the offensiveness of a particular expression, standing alone, is not a legally sufficient basis to establish a hostile environment under the statutes enforced by OCR," Mr. Reynolds said.
"In order to establish a hostile environment, harassment must be sufficiently serious (i.e., severe, persistent or pervasive) as to limit or deny a student's ability to participate in or benefit from an educational program," he said.
"OCR's regulations and policies do not require or prescribe speech, conduct, or harassment codes that impair the exercise of rights protected under the First Amendment."
The Bush administration letter comes in the wake of charges by civil liberties groups that speech and conduct codes have been imposed on many college and university campuses to achieve "political correctness" in discussion of contentious issues.
"University campuses are strongholds of left-liberalism where constitutionally protected rights, such as freedom of speech and religion, are routinely violated," said Wendy McElroy, editor of ifeminists.com and a research fellow for the Independent Institute in Oakland, Calif.
Most victims of college "speech police" are "students who are male, white, conservative, openly Christian or from affluent families," Ms. McElroy said.
http://www.washtimes.com/national/20030813-114350-1825r.htm
