Legal Realism and the Controversy over Campus Speech Codes

Abstract

Posits that the doctrinal dispute over the constitutionality of hate-speech controls is ending, so that the main question remaining is whether such controls are wise or not as a matter of policy. Considers the most popular arguments against regulation, from both the left and the right, and concludes that none of them has much merit. Offers a practical way of balancing the arguments pro and con hate-speech restriction in light of the times.

Keywords: hate speech, free speech, first amendment, campus climate, minorities