From washingtonpost.com
Missouri U. Police: Call us about ‘harmful’ or ‘hurtful speech’
Coming soon:
Cultural Revolution-style dunce caps and ‘struggle sessions’ at a location near you…
That reminds me of the Butt-Hurt Report Forms I’ve seen online.
Unfortunately I lost touch with my First Amendment prof but I’d love to know what he would say about this today, especially how this pertains to a state university.
I can’t help but wonder how this would affect all the Communism shouters that used to appear in the main university square. They used to say some pretty hurtful things about Capitalists in general, not to mention some specific politicos and business people.
U raise a good issue. Are public universities Constitutionally allowed to regulate ‘hurtful speech’?
This is where I truly miss some of my law profs. I loved First Amendment law - actually took a class just in that subject. It was one of my favorites in law school. Probably still have the [outdated] text book somewhere.
I don’t have the brain power anymore to analyze this issue properly. I do know it could be an issue though. Do I get points for that? 
FWIW this is in response to student complaints about racial slurs being shouted from a passing pickup truck. I agree the phrasing is unfortunate but it’s not in response to something entirely trivial.
Title IX requires all schools, public and private, to provide a safe environment to all students. We don’t know if the people in the pick up truck were students, or even if the truck was on university property
I’m not sure what the goals of the ‘1950’ group is, but I don’t see how getting rid of the President and Chancellor will change things. I haven’t read that the President didn’t agree that the racism had to be stopped, that he wasn’t taking steps to improve things. Now there will have to be a search for a new Pres, a new Chancellor. I can’t imagine that will speed things up in establishing a new diversity program.
Well, according to FIRE, a state uni cannot publish speech simply for being “hurtful.”
https://www.thefire.org/mizzou-professor-demands-muscle-to-remove-student-journalists-police-claim-hurtful-speech-can-be-punished/
No, they can’t regulate speech since they are a governmental organization, but if the speech is deemed to present a safety issue (shouting fire in a crowded theatre), they can regulate it. If someone verbally threatens someone, then that is a crime. It depends on what is said.
If you burn a flag, it bothers me immensely. I can call the police but they won’t be able to stop you unless the fire is endangering me.
I would not be one of those cops for anything right now. They are going to be applying constitutional law on the fly.
Sorry obviously I meant “state uni cannot punish speech simply for being hurtful.” Anyway, yes, the university cops have a no win situation on their hands.
What exactly constitutes a “safe environment”? Would an ‘uncomfortable’ history lecture on the Rape of Nanking be creating a hostile environment for women?
@nycparent12 Our posts crossed. I wasn’t disagreeing with your statement. Sorry about that.
The First Amendment obligations of a public university trump any and all obligations under Title IX that could interfere with free speech rights.
I am horrified by the " report hateful/ hurtful speech to police" directive. On what possible basis could the police act? If they said report threatening speech at least there woke be a basis for this
http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.pdf
I found this letter from the Office of Civil Rights which says it applies to colleges as well. It is interesting especially in light of @maya54 comment. Could Mizzou be complying with expectations in this letter and run afoul of the first amendment?
@gettingschooled. Notice how even though there is an initial implication that schools must protect against hateful speech in ALL the examples there are threats, violence or actions ( demanding money) that are clearly not protected by the First Amendment. To me this was drafted in a way to be confusing to schools and not clearly inform them of their obligations under the law and the First Amendment.
Of course every university like Mizzou has access to top lawyers who could explain that they can’t punish speech alone even if it’s hateful
This is the paragraph that looks like it applies at Mizzou:
“Harassing conduct may take many forms, including verbal acts and name‐calling; graphic and written statements, which may include use of cell phones or the Internet; or other conduct that may be physically threatening, harmful, or humiliating. Harassment does not have to include intent to harm, be directed at a specific target, or involve repeated incidents. Harassment creates a hostile environment when the conduct is sufficiently severe, pervasive, or persistent so as to interfere with or limit a student’s ability to participate in or benefit from the services, activities, or opportunities offered by a school. When such harassment is based on race, color, national origin, sex, or disability, it violates the civil rights laws that OCR enforces.”
If a person of color hears the N word every time they walk on campus, I’d consider that name calling that is not a direct threat of violence, not directed at a specific person but that is harassing, pervasive and creating a hostile environment. Is it free speech too? I guess that is up to a court to decide.
When the OU case happened in March and David Boren expelled the students, many constitutional scholars called him out on it. My thoughts were that those boys parents were not going to attach their names to lawsuits arguing their first amendment rights to sing about lynching.
Well, they didn’t say they were going to punish the ‘hurtful’ speech, just asked that it be reported. Let’s hope they plan to use judgment and investigation to determine whether the speech is unlawful or just mean. They could use the reports of problems to determine that more guards are needed on a certain walkway to prevent harm, or more streetlights.
They can also restrict speech or activities to control violence, require permits, limit signs if the material used to construct them are dangerous. Reports of incidents may also help them anticipate trouble for planned events.
@twoinanddone. Actually they did say they were going to punish. I think you missed this: “While cases of hateful and hurtful speech are not crimes, if the individual(s) identified are students, MU’s Office of Student Conduct can take disciplinary action.”
No. No it can’t. Not unless there are threats or other unprotected actions.
Personally, my sympathies are with students who have endured a hostile, harassing, racist climate. Not so much with those who create the climate. I’m gobsmacked that anyone would defend the right of some students to hurl racial epithets at other students.
@gettingschooled SAE also admitted that they discriminated by race in their bidding practices, which is a violation of the Code of Conduct. I see the Missouri police email as something far different.