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Campus hate speech regulation can survive strict judicial scrutiny because campus hate speech impairs equal educational opportunity

Dickinson, Sandra J.

Abstract Details

1996, Doctor of Philosophy, Ohio State University, ED Policy and Leadership.

This study answers the question: How can campus hate speech be regulated constitutionally? Three distinct methodologies bear on this question: 1) conventional legal methods of research and analysis; 2) critical legal methods; and 3) qualitative methods of empirical research. Conventional legal methods discover decision rules presently followed by courts adjudicating campus hate speech rules. Critical legal methods reveal rupture points in the conventional application of First Amendment law. Then, critical methods suggest the narrative stories of people marginalized by conventional application can be interjected into these rupture points, as persuasive evidence to change the law. In this study, qualitative methods of data collection and analysis generate such narratives. The legal principle grounding empirical inquiry is that campus hate speech regulation is constitutional when the rule is narrowly tailored to serve a compelling interest. This study concludes: a university can regulate campus hate speech constitutionally because campus hate speech impairs a university's compelling interest in providing equal educational opportunity.

Philip T.K. Daniel (Advisor)
E. Gordon Gee (Committee Member)
David Williams, III (Committee Member)
Carla Edlefson (Committee Member)
279 p.

Recommended Citations

Citations

  • Dickinson, S. J. (1996). Campus hate speech regulation can survive strict judicial scrutiny because campus hate speech impairs equal educational opportunity [Doctoral dissertation, Ohio State University]. OhioLINK Electronic Theses and Dissertations Center. http://rave.ohiolink.edu/etdc/view?acc_num=osu1241181028

    APA Style (7th edition)

  • Dickinson, Sandra. Campus hate speech regulation can survive strict judicial scrutiny because campus hate speech impairs equal educational opportunity. 1996. Ohio State University, Doctoral dissertation. OhioLINK Electronic Theses and Dissertations Center, http://rave.ohiolink.edu/etdc/view?acc_num=osu1241181028.

    MLA Style (8th edition)

  • Dickinson, Sandra. "Campus hate speech regulation can survive strict judicial scrutiny because campus hate speech impairs equal educational opportunity." Doctoral dissertation, Ohio State University, 1996. http://rave.ohiolink.edu/etdc/view?acc_num=osu1241181028

    Chicago Manual of Style (17th edition)