Freedom of expression, perhaps one of the most fundamental and sacred tenets of democracy, is consistently reexamined as society progresses. College campuses always seem to be at the height of this reexamination, as social progress and debate is often prevalent in educational environments. One of the most pressing issues facing colleges and universities in the United States right now is the constitutionality of speech codes, and whether such codes infringe on freedom of speech and expression.
Speech codes, according to The Encyclopedia of the First Amendment, prohibit “offensive or intolerant speech directed at individuals or groups based on their race, color, religion, ethnicity disability, sex, age, or sexual orientation” (Aichinger 2009). Speech Codes were created as a response to the increase in “incidents of racist, homophobic, and sexist harassment,” that occurred in the 1970s when “the number of women and minority students on campuses significantly increased as a result of expanded recruiting efforts by colleges and universities and federal policies” (Aichinger 2009).
Critics argue that these speech codes are overly broad and deter students and faculty from debating on serious social issues relating to discrimination. Speech codes do not prevent these topics from being addressed, though; rather, they require those in discussion to act with civility and respect.
While it may seem as though speech codes limit debate, they actually act as a preventative barrier to such speech that silences constructive dialogue. These codes do not prevent constructive debate. The collision necessary to further truth remains intact, with opinions not entirely silenced but regulated for civility. By requiring civility, constructive dialogue on important societal issues will flourish, allowing for greater discovery of truth or further cementing of values and beliefs.
When there is a lack of civility, individuals may be silenced by the cruel or rude nature of the discussion. This is particularly true of topics related to issues of discrimination, that carry the weight of decades of horrific discrimination and violence. Therefore, speech codes are necessary to allow for healthy debate, because they regulate the type of speech that has no place in public discourse.