Ten years after publication of the first edition of Timothy
Shiell's pathbreaking study, restrictions on faculty and student
speech on college campuses continue to be hotly contested in the
mainstream media, on the internet, in the journals of academic
disciplines, in courtrooms, classrooms, and chatrooms. This revised
edition adds substantial new material that updates cases and
conflicts during the past decade, expands the original's coverage
of the relevant literature, and dramatically reinforces Shiell's
original argument.
In the first edition Shiell noted that, despite commitments to
free speech and the open exchange of ideas, American colleges and
universities had increasingly ignored such principles by
implementing numerous hate speech codes designed to protect
students from racial, sexual, and other forms of harassment. Taking
their cue from Title VII of the Civil Rights Act, which guarantees
the right to a non-hostile workplace environment, those regulations
had posed seemingly unresolvable conflicts between the ideals of
free speech and equal protection.
Shiell explored both sides of the fiery debate over campus hate
speech codes to bring out their philosophical and legal
underpinnings, clarifying classic free speech arguments as well as
the ideas of harm and hostile environment, and analyzing numerous
case histories. Pointing out that Title VII wasn't meant to apply
to academia, Shiell also encouraged readers to consider the role of
the courts in eliminating prejudice in this setting and presented a
strong argument for the form the codes themselves should ideally
take.
The new edition adds substantial new material on developments
concerning the Deterrence Argument, the hostile environment
approach, new judicial decisions, and the International Argument.
It also updates the comprehensive bibliography and list of legal
decisions, significantly increasing the value of both for scholars
and policymakers alike.
Shiell eloquently makes the case that campus speech codes--no
matter how well grounded in history, law, or philosophy--have
tended to be overbroad, arbitrarily enforced, and used selectively
to protect only certain groups at the expense of others. For that
reason especially, his book will continue to challenge academics
and general readers to reconsider how we deal with this important
issue.
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