While They Slept

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:
While They Slept

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This chapter reexamines the prevalence of college speech codes in light of the courts' holdings. It finds colleges not only declined to follow the courts' decisions, but they also adopted new and more extensive speech policies in the face of contrary precedent. This paradox—between court decisions and public behavior—illustrates the power of extra-judicial legal meaning-making, for the resistance of college administrators served to redefine the meaning of the underlying constitutional norm.

Keywords: college speech code; court decisions; speech policies; legal meaning-making; constitutional norm; college administration

Chapter.  9694 words. 

Subjects: US Politics

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