Chapter

The Courts Act

in Speak No Evil

Published by University of Chicago Press

Published in print July 2005 | ISBN: 9780226305530
Published online March 2013 | e-ISBN: 9780226305134 | DOI: http://dx.doi.org/10.7208/chicago/9780226305134.003.0005
The Courts Act

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This chapter evaluates the formal legal rules that faced colleges with speech codes, describing how the courts have dealt with hate speech regulation and contrasting these rulings with those of sexual harassment law. It acknowledges that there were sound bases for the courts to have treated individual cases differently. Where hostile work environment (HWE) has had strong advocates, hate speech codes have had but tepid supporters and a powerful opposition. The two doctrines are framed differently, one as sexist action the other as thought control. Ultimately, the chapter rejects the notion that sexual harassment law is easily distinguished from hate speech codes or that the courts have done an adequate job of explaining their divergent decisions.

Keywords: legal rules; speech codes; hate speech regulation; sexual harassment law; hostile work environment; court decisions

Chapter.  10972 words. 

Subjects: US Politics

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