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Between Protection and Censorship: Examining the Constitutionality of University Speech Codes and Their Influence on Free Expression
Johnson, Kendyl
Johnson, Kendyl
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The Free Speech Clause of the First Amendment, which protects free speech and expression, is not often considered in academic settings. This is an issue as the First Amendment explicitly protects hate speech as long as it is not defamatory, obscene, threatening, or inciting violence. This surprisingly leads to a significant amount of speech that is constitutionally protected despite its hateful nature. Therefore, a lot of speech that universities seek to prohibit in their speech codes is actually constitutionally protected by the First Amendment. This creates an issue when colleges and universities are attempting to create a safe environment for their students where they are not subjected to hate speech. The university's intention is to create an environment where all identities and people feel welcomed, which cannot be achieved on a campus that is rampant with hate speech. This creates tension with the foundational issue that these speech codes, which are meant to promote safety and inclusivity, are extremely difficult to write without being unconstitutional.
There has been some scholarship on the implications of university speech codes and the role of the First Amendment in American society. This scholarship has not explored the foundational principles of these issues and examined them through case law. I will examine the important issue of the tensions between the speech codes and their risk of unconstitutionality. It will also highlight the way in which courts resolve these issues and how they attempt to reconcile the goal of these speech codes with their problematic language. My research will use previous scholarship and case law to examine these notable controversies and their recent developments to better understand the complexities of this tension.
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2026-04-27
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Political Science