How Speech Codes Designed to "Protect" Minorities and Females Compromise Academic Freedom and Free Speech

Student and faculty speech codes are designed to protect minorities and females from "demeaning" speech that interferes with the exercise of the educational mission of colleges and universities.

They do so by limiting discussion both inside and outside the classroom. Consequently, they curtail student learning, inhibit faculty instruction, and restrict discussion of college and university educational goals, policies, and practices.

These codes, which are typically embedded in sexual harassment rules and affirmative action policies, have not only been controversial but difficult to eliminate. However, reactions against these codes are mounting.

Recent federal court decisions have ruled a number of these codes unconstitutional, including the University of Wisconsin's student speech code. Moreover, in an unprecedented action, the University of Wisconsin-Madison faculty, after two years of study and debate, voluntarily repealed its faculty speech code in the spring of 1999.

Collected Works on Academic Freedom

New and Continuing Threats to Academic Freedom: Causes and Solutions

Presented at Academic Freedom Conference, Boyd School of Law, University of Nevada, Las Vegas, October 14, 2005
I greatly appreciate this opportunity to discuss with you the current state of academic freedom and tenure, and its corollary, faculty governance. I have spent considerable time over the past decade thinking about the challenges we all face and [...]

UW-Madison 2001 Conference of Academic Freedom

The conference, open to students, faculty, staff, and the public at no charge, was held on Thursday and Friday, February 22nd and 23rd, 2001, at the Pyle Center. Funding for the conference was provided by the Brittingham Fund, Inc.; and members of the Organizing Committee included Professors James Baughman (Journalism), Donald Downs (Political Science), Jane [...]

Academic Freedom on ‘Trial’: 100 Years of Sifting and Winnowing at the University of Wisconsin - Madison

Edited by W. Lee Hansen
Office of University Publications
University of Wisconsin-Madison, 1998

“Whatever may be the limitations which trammel inquiry elsewhere, we believe that the great state should ever encourage that continual and fearless sifting and winnowing by which alone the truth can be found.”
- taken from a report of the Board of Regents in 1894
As [...]

Sifting and Winnowing: A Recommitment to Academic Freedom

Presented at UW-Parkside’s “Sifting and Winnowing” Plaque Rededication Ceremony, November 30, 1998
The University of Wisconsin-Parkside has chosen an auspicious time to rededicate its two “sifting and winnowing” plaques. Installing these plaques and displaying them so prominently offers another protective shield that guards one of academe’s most treasured possessions, academic freedom.
I say this because fresh attacks [...]

Sifting, Winnowing, and Academic Freedom

Presented at the Eloquence and Eminence Lecture Series, University of Wisconsin-Madison, 2 p.m., Sunday, November 9, 1997
This lecture is dedicated to the memory of my friend and colleague, Professor Sterling Fishman of the Department of Educational Policy Studies and the Department of History, who died on October 30. Sterling was not only a staunch defender [...]