 |
Course 1. Spring 2010
Title: Campus Speech Codes: Fundamentals, Cases, and Trends
Dates: 4/12/10 – 4/30/10
Cost: $130
Instructor: Ben White, J.D., Associate Director for Judicial Affairs, Loyola Marymount University
Description:
Colleges and universities have struggled for years on how best to regulate student speech on their campuses. In this struggle, institutions have developed speech codes to combat offensive and derogatory speech directed toward individuals and groups within specified protected classes. However, these regulations have been challenged and ruled unconstitutional in several jurisdictions, including Michigan, Wisconsin and Pennsylvania. Some speech codes are still in effect as institutions attempt to find a balance between fostering civility in the “marketplace of ideas” and protecting their students from hate speech and offensive viewpoints.
This course examines the law and policy issues related to campus speech codes. Special attention will be paid to applicable First Amendment law (fighting words, time, place, and manner restrictions, hate speech, etc); analysis of key cases, decisions and rulings, including guidance from the Department of Education; and discussion of current and historical trends in dealing with this issue.
Course Outline:
The course is divided into three modules and concludes with participants developing their own analysis of campus speech code law for use at their institution. The first module introduces campus speech codes, discussing why institutions develop them along with introducing key First Amendment concepts. The second module focuses on key cases, decisions, and laws in the area of campus speech codes. The third module focuses on initiatives and approaches developed by institutions as alternatives to speech codes.
Learning Outcomes:
Upon completion of this course, participants will be able to:
- Understand the nature of speech codes and how they are applied on university campuses
- Understand and discuss key campus speech code cases, rulings, and decisions
- Describe current and historical trends and alternative approaches to speech codes
- Know basic First Amendment concepts concerning speech codes
- Identify pros and cons of speech codes and alternative approaches
Participant Expectations:
Participants should plan to spend approximately 3 to 4 hours per week in this course. This will include time to read materials, complete on-line exercises and surveys and participate in asynchronous on-line discussions. Participants will need to log on for course content that will be posted weekly. In addition participants will need to respond to questions posted on the discussion board each week. As the discussion board is asynchronous, students may check in and post at their convenience. This learning tool will be an important part of participant's learning experience.
Instructor Bio:
Ben White serves as the Associate Director for Judicial Affairs at Loyola Marymount University (LMU) in Los Angeles. In his five and a half years at LMU, he has implemented advanced judicial officer training programs and database management initiatives while advising senior divisional management on higher education legal issues and trends.
Ben holds a B.A. in Communications from Washington State University and M.S. in Kinesiology/Sport Administration from Indiana University. He received his J.D. from the Gonzaga University School of Law. Prior to arriving at LMU, he served as Compliance Assistant at the West Coast Conference in San Bruno, CA.
Ben’s professional interests include higher education law, staff/student training and development, student conduct administration, athletics, and student suicide/mental health issues.
|
|
