Monday, October 24, 2011

Speech Codes

Speech codes are very hard to make and be constitutional. At Indiana University, Bloomington has very precise and good speech codes. Most of the codes aren’t too vague and tell people exactly what they are not allowed to do and where they are not allowed to do it. Their speech codes have no new impact on how I see the school. I still really like the school and am excited to be a part of it. I think in some cases the speech codes are a little too vague and could be fought against if the time came. However, for the most part the codes are solid codes that straight out tell you what would not be acceptable.
I recently read about cases from other schools that had an issue with parties at the fraternities making racist actions. They would dress up in KKK outfits and wear black face paint and act out lynchings or joke around about. “Whites pretended to be black-mocking the physical appearance, speech, gait, and behavior of African Americans” (Jim Crow on Fraternity Row). The school shut down the two fraternities temporarily, and was investigating shutting them down permanently. The school said they were investigating apparent violations of the university’s harassment and discrimination Policies” (Jim Crow on Fraternity Row) Based on the speech codes at Indiana they would not be able to do anything. There was nothing that they really violated, other than one code that could be interpreted in a way that could get the in trouble. The code is, “[W]e will not tolerate any form of bigotry, harassment, intimidation, threat, or abuse, whether verbal or written, physical or psychological, direct or implied. ... We will respond to such behavior in an appropriate manner, recognizing that education is our most powerful tool.” They could make the actions of the fraternities as a psychological intimidation and harassment. However, they wouldn’t have much of a case. I don’t think I would mind that they wouldn’t be able to do anything. The brothers were just exercising their rights to free speech. There isn’t much a public school can do about that since they are bound to the constitution since they are part of government.
The way that FIRE defines a “speech code” is, “any university regulation or policy that prohibits expression that would be protected by the First Amendment in society at large. Any policy—such as a harassment policy, a student conduct code, or a posting policy—can be a speech code if it prohibits protected speech or expression.” I agree with FIRE on their definition on speech codes. Although they are there to protect people it also limits the rights given to everyone in the First Amendment of our Constitution. I do agree on their mission statement, “to protect the unprotected and to educate the public and communities of concerned Americans about the threats to these rights on our campuses and about the means to preserve them.” But sometimes the speech codes need to be put in place so everyone can feel safe and get an equal education, which is also a right. So I agree with them to certain extent.
Speech codes aren’t easy to make or understand but they are important for everyone to be able to have fun and learn at their university.

1 comment:

  1. I really enjoy reading your posts Rachael. Your voice is strong and your willingness to blog about issues of more personal interest really helps to make this your own. However, this post was due a month ago and there are several others that are missing (Drug Testing, 2 on the death penalty). Work to stay up to date in order for this blog to be fully realilzed as a tool for you to communicate your ideas for this class.
    Also, don't forget to begin posting for your outside reading soon.

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