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(Dee Speaking) | ||||||
MAIN PATH: John | |||||||
As you know, I believe that a code forbidding a very narrow range
of face-to-face verbal harassment may have some value. But that
value would be quite limited. It would eliminate the pain felt
in the immediate situation by the specific victims. I think it
leaves the major problems of racism and the major problems of
African American students untouched.
More importantly, I am really concerned about your view, Malik.
In essence, you are going back to what the courts once called
a pernicious tendency test. Under such a test, once we have determined
that speech causes harm, it can be regulated just like anything
else. The concept of a right to speak is lost.
It has taken us most of the 20th century to get away
from that kind of a test. I agree with you that speech harms African
Americans in many ways; but I am pleading for solutions that do
not regulate speech in any but the narrowest ways.
The important question then becomes "What can we do to reduce the problems of race and sex on campus that does not involve regulating speech beyond very narrow rules against harassment?"
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