ABSTRACT

This chapter develops a liberal argument in favor of certain narrowly drawn rules prohibiting hate speech. Hate-speech regulations typically provide for disciplinary action against students for making racist, sexist, or homophobic utterances or for engaging in behavior that expresses the same kinds of discriminatory attitudes. As commonly understood, harassment involves a pattern of conduct that is intended to annoy a person so much as to disrupt substantially her activities. Many of the proponents of campus hate-speech regulation defend their position by arguing that hate speech causes serious harm to those who are the targets of such speech. Among the most basic of these harms are psychological ones. Even when it involves no direct threat of violence, hate speech can cause abiding feelings of fear, anxiety, and insecurity in those at whom it is targeted. Some proponents of regulation claim that there is an especially close connection between hate speech and the subordination of minorities.