Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean—both constitutional scholars who teach a course in free speech to undergraduates—argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can’t do when dealing with free speech controversies.

In a series of remarkable forays, Post develops an original account of how law functions in a democratic society. He draws on work in sociology, philosophy, and political theory, to offer a radically new perspective on some of the most pressing constitutional issues of our day, such as the regulation of racist speech, pornography, and privacy.

"This is an engaging and highly readable discussion of the intricacies of First Amendment jurisprudence as it is applied to the college campus." -- The Law and Politics Book Review "Lucidly written, the book can be read and understood by many audiences from student organizations to board members.... Essential for all college and university libraries." -- Choice "A pragmatic, libertarian-minded, and well-informed legal handbook for the First Amendment on campus..." -- Kirkus Reviews "... the most comprehensive and thorough examination of campus speech available today." -- Harvard Educational Review "Bob O'Neil has produced the seminal work on First Amendment freedoms on our university campuses. He has brought scolarship, clear thinking and clean prose to a book of critical importance to all of us." -- Bruce W. Sanford "Robert O'Neil has long been one of the brightest stars in the complex and controversial arena of freedom of expression. And he has never shined brighter and with more incisive clarity than with his new work, Free Speech in the College Community." -- Richar A. Roth, Trustee of the Thomas Jefferson Center for the Protection of Freedom of Expression "This is the first integrated discussion of the fascinating free speech issues that pertain to teachers and students. It is an unusually informative, vivid and balanced treatment and an absolute must read for all academics and students." -- Norman Dorsen, former president of the American Civil Liberties Union "Free Speech in the College Community is a very timely book written by a dedicated scholar of the First Amendment. Challenging and readable it should be studied by all academicians, students, legislators and lawyers." -- Nancy Kassebaum Baker, United States Senator (retired) All of today's "hot-button" issues are dealt with in this timely book, from Holocaust denial to claims of racial determination of intelligence to hate speech. Former college president Robert O'Neil dramatically illustrates the many types of problems that confront university administrators, frequently using representative fictional characters and discourse to present the situations. Free Speech in the College Community illustrates the many problems that now confront universities by questioning whether or not speech on campus should be freer than speech on the streets. Join the Web debate about free speech on campus: http://www.indiana.edu/~iupress/freespeech

If the University had a constitution, would it contain a free speech provision such as exists in the U.S. Constitution? The author develops in some detail the idea of the University as a special social institution that has as its goal the dissemination and advancement of knowledge.Free Speech on Campus examines the arguments, pro and con, concerning appropriate standards of discourse and expression that are particularly germane to the campus context, public or private, whether or not they are constitutionally enforceable. Students and teachers in every discipline will find this book engaging and illuminating; it is especially relevant for ethicists and philosophers of education.

The authors have spent their lives in South Africa, are writing this book from and within a very particular context of compounded oppression, marginalisation and otherness. In many ways, apartheid has both damaged and provided us with the emotions and language through which to speak from and about harmful speech. That apartheid managed to succeed in its depravity for as long as it did, begins to provide some hint to the often-underestimated power and debilitation of speech and language. This book, therefore, is not only an interpretation and analysis of what a philosophy of education might have to offer in relation to the debate on free speech. Rather, it is also an attempt to make meaning of lived experiences – its encounters, it conflicts and its harms – so that this debate is extended beyond conceptual deliberations and into a realm of human and humane dialogue for the sake of seeing and knowing one another. The authors are intent upon understanding the arguments—both for and against freedom of speech—for the purpose of what makes educational sense. In short, the book questions whether constraining any form of speech would create conditions for control and manipulation that affect pedagogical encounters adversely. If encounters were to remain justifiable, ways should be found to undermine a restriction on free speech rather than encouraging the advocacy of constrained free speech within pedagogical encounters. The authors raise questions about whether an argument for free speech can ensure more durable and justifiable pedagogical encounters in which the rights of teachers and students to exercise their rights to uncensored free speech should and would never be violated.

This fourth edition of the indispensable guide to the laws that bear on the conduct of higher education provides a revised and up-to-date reference, research source, and guide for administrators, attorneys, and researchers. The book is also widely used as a text for graduate courses on higher education law in programs preparing higher education administrators for leadership roles. This new edition includes new and expanded sections on laws related to: * religious issues * alternative dispute resolution * the college and its employees * collective bargaining at religious and private colleges * whistleblower and other employee protections * personal liability of employees * nondiscrimination and affirmative action in employment * campus technology and computer networks * disabilities * student academic freedom * freedom of speech and hate speech * student organizations' rights, responsibilities, and activities fees * athletes' rights * USA patriot act and immigration status * public institutions and zoning regulations * regulation of research * coverage of retaliatory and extraterritorial acts * federal civil rights statues