NCJ Number
141376
Journal
Harvard Journal of Law and Public Policy Volume: 14 Issue: 1 Dated: (Winter 1991) Pages: 157-164
Date Published
1991
Length
8 pages
Annotation
The problem of discriminatory verbal abuse exists on American campuses due to conflicting values about civility, free expression, civil rights, and discrimination.
Abstract
Civility should not be pursued by coercive disciplinary regulations. In addition, campus administrators, faculty members, and students should realize the inevitability of clashes between civil liberties and civil rights with respect to verbal harassment. The civil libertarian purist will not tolerate the disciplinary regulation of abusive or harassing speech on campus, while the civil rights approach to harassment regulation starts with the concept of hostile environment discrimination that has become familiar in employment law. At Stanford University, three elements must be present in determining discriminatory verbal harassment: (1) the speaker must intend to insult or degrade an individual or small group of individuals on the basis of race, sex, or other characteristic; (2) the speech must be directly addressed to the individual or individuals; and (3) the speech must use insulting or fighting words. 23 footnotes