Word: prohibition
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Dates: during 1990-1999
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This section would prohibit any from of speech that constitutes harassment "by personal vilification." The section also would ban speech that stigmatizes through remarks or epithets which "unreasonably interfere" with another person's work or academic performance...
...care about the firs Amendment as much as you do," Fallon said. "We can prohibit hate speech in easy cases, but there are hard cases where the circumstances are not that welldefined. The question...
...draft guidelines surrounding "Harassment by Personal Vilification," are perhaps easier to apply, but are philosophically very troubling when analyzed closely. These guidelines prohibit any speech that has all of the following four properties...
...only those insults that are based on race, color, religion, gender, sexual orientation, disability age or national origin? What about insults that are based on a student's physical appearance, academic performance, wealth or lack thereof, intelligence, social ineptitude, etc." Why should these kinds of insults not also be prohibited, if the Law School's goals is to promote a less intimidating, demeaning, degrading, hostile and seriously offensive environment? Why not also prohibit all nasty or even mildly insulting language? What about redness and unfriendliness...
There is no need to prohibit with sanctions even the ugliest of words. After all, they are just words. And selfcensorship and discretion normally prevent most intelligent students from uttering hateful words. When they do not, these students usually suffer rebuke and loss of respect from others. In an intellectual environment, perhaps more than anywhere else, an enormous amount of faith must be placed in people's ability to from the free marketplace of ideas and words. The alternative of censorship is ultimately far more sinister and dangerous words that might be spoken in a university without speech codes...