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Abstract: The problem of racist and other forms of hate speech on college campuses cries out for a solution. One school of thought, proposes solving the campus problem as part of a larger campaign to outlaw racist speech in all forums. On the other side of the spectrum are those who argue that campus codes aimed particularly at hate speech are unconstitutional content-based restrictions. In this article I argue against both of these polar positions. On the one hand, justifying campus codes that outlaw hate speech on the grounds that hate speech should categorically be excluded from first amendment protection is at war with basic free speech principles crafted by the United States Supreme Court during the past twenty-five years. On the other hand, these speech protective principles do not mean that any campus regulation that singles out hate speech for prohibition is unconstitutional, regardless of the circumstances in which it is applied. Part One of the Article critiques recent proposals to create a hate speech exception to first amendment protection, and demonstrates that these proposals are incompatible with a vigorous free speech principle. Nonetheless, as Part Two of the Article demonstrates, even without a categorical hate speech exception, the first amendment provides campus administrators considerable leeway to prohibit certain types of hate speech inimical to the purposes of the various campus forums. On the other hand, the first amendment does not allow campus administrators to prohibit hate speech for symbolic reasons, or because they believe that the ideas expressed by hate speech are pernicious.
Hate speech, first amendment, constitutional law
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