This document discusses hate crimes on college campuses and the challenges around balancing free speech rights with preventing hate speech. It provides examples of recent hate crimes like racist videos and threats targeted at students' race, gender or sexuality. While public universities must protect free speech, private schools can restrict speech through codes but these are often unconstitutional. The document recommends anti-bias education, free speech areas, and administrative leadership to thoughtfully address issues of hate rather than emotional shouting matches.

1. Hate Crimes on Campus:Hate Crimes on Campus:
Blurring the Line BetweenBlurring the Line Between
Free Speech and HateFree Speech and Hate
SpeechSpeech
Adam Kindschy & Mark LitwaAdam Kindschy & Mark Litwa
Legal Aspects of Higher EducationLegal Aspects of Higher Education
Loyola University ChicagoLoyola University Chicago

2. What Are Hate Crimes?What Are Hate Crimes?
Vandalism
Harassment
Violence
Victim is targeted
Criminal Offenses

3. Reported Cases on CampusReported Cases on Campus
 1,312 in 19971,312 in 1997
 2,067 in 20012,067 in 2001

4. Some Recent ExamplesSome Recent Examples
 Racist video posted to YouTube by Texas A&MRacist video posted to YouTube by Texas A&M
studentsstudents
 ““N word” written on windshield of black student at PaceN word” written on windshield of black student at Pace
UniversityUniversity
 U. Maine student yelled anti-gay slurs and threats atU. Maine student yelled anti-gay slurs and threats at
another student and physically attacked himanother student and physically attacked him
 Homemade pipe bomb set off in dorm room of twoHomemade pipe bomb set off in dorm room of two
black students at a college in Utahblack students at a college in Utah
 3 white students at a university in Maine left an3 white students at a university in Maine left an
anonymous racist voice message on black student’sanonymous racist voice message on black student’s
answering machineanswering machine

5. Title IX ImplicationsTitle IX Implications
 Student victims ofStudent victims of
harassment andharassment and
discrimination based ondiscrimination based on
gender identity orgender identity or
sexual orientation dosexual orientation do
have some protectionhave some protection
 GLBT students onlyGLBT students only
protected againstprotected against
harassment based onharassment based on
sex (not sexualsex (not sexual
orientation)orientation)

6. Freedom of Speech:Freedom of Speech:
Public vs. PrivatePublic vs. Private
 Students at Publics
guaranteed freedom of
speech under First
Amendment (with a few
limitations)
 Private students have no
free speech protection
(unless their institution or
state extends it to them)

7. Controlling Hate Speech withControlling Hate Speech with
Speech CodesSpeech Codes
 Speech codes areSpeech codes are
written policieswritten policies
banning certain kindsbanning certain kinds
of oral and writtenof oral and written
speechspeech
 Found to be largelyFound to be largely
unconstitutional atunconstitutional at
Publics but PrivatesPublics but Privates
are free to use themare free to use them

8. Faculty and Hate SpeechFaculty and Hate Speech
 Inside vs. Outside ClassInside vs. Outside Class
SpeechSpeech
 Public vs. PrivatePublic vs. Private
FreedomFreedom
 Cases:Cases:
– University of New MexicoUniversity of New Mexico
– University of Texas-University of Texas-
AustinAustin
– Holy CrossHoly Cross
– UCLAUCLA
– University of ColoradoUniversity of Colorado

9. Technology & Hate CrimeTechnology & Hate Crime
 Online CommunitiesOnline Communities
(e.g., Facebook,(e.g., Facebook,
MySpace)MySpace)
 University of ColoradoUniversity of Colorado
Football PlayerFootball Player
 Loyola MuslimLoyola Muslim
StudentStudent

10. Recommendations forRecommendations for
AdministratorsAdministrators
 Positive and continuousPositive and continuous
anti-bias preventativeanti-bias preventative
educationeducation
 Free speech areasFree speech areas
 Public, Limited Public,Public, Limited Public,
Non-Public ForumsNon-Public Forums
 Police trainingPolice training
 College administratorsCollege administrators
should interveneshould intervene
authoritativelyauthoritatively

11. To the Loyola Community,
I want to make every one at Loyola aware of a recent incident that
happened in a residence hall on our Lake Shore Campus and our response
to it. Just before Thanksgiving break, a resident student found a note
that was threatening and derogatory in a religious nature. The note was
directed towards a Muslim student.
While this incident appears to be an isolated case, there may be other
incidents of which the University is not aware. This is a good time to
call your attention to the fact that as a Jesuit Catholic University, we
will not tolerate incidents that are disrespectful or hurtful to anyone
in our community or beyond. We take this issue extremely seriously and
remain committed to creating a community of mutual respect for all
regardless of gender, race, or religious affiliation.
Meetings were held on Monday, November 27, with all the students in the
residence hall where the note was found to discuss the seriousness of
the incident and provide students an opportunity for discussion.
Loyola University Campus Safety is working in partnership with the
Chicago Police Department on the investigation to determine who wrote
the note. At this time, no one has been identified.
I hope the outcome of this incident will be a time of reflection and
renewed commitment to respect and caring for others.
R. P. Salmi, S.J.
Vice President for Student Affairs
(Email to Students: Tuesday, November 28, 2006)

12. ConclusionConclusion
Without proper leadership from collegeWithout proper leadership from college
administrators, issues of hate will continue toadministrators, issues of hate will continue to
spark intensely emotional shouting matchesspark intensely emotional shouting matches
rather than thoughtful dialoguerather than thoughtful dialogue

13. ReferencesReferences
Austin Peay State University (2006). Free Speech Area Guidelines. Retrieved November 30, 2006 from
http://www.apsu.edu/mtg/free%20speech...
Associated Press. (2005, December 11). Buffs player suspended for sending racist email. The Associated
Press. Retrieved November 29, 2006, from http://sports.espn.go.com/ncf/news/story?id=2256084
Bloomquist, T. (2006, November 21). A Hateful Hoax: LUC Student Cleared of Charges. The Phoenix.
Chicago, IL
Beckham, J.C. (2000). Freedom of expression outside the classroom: The first amendment, student
organizations and the public forum doctrine. Clearwater Beach, FL: 21st Annual Law & Higher
Education Conference.
E. Crim (personal communication, November 27, 2006)
Epstein, D. (2006, June 15).The Many Faces of Facebook. Retrieved November 28, 2006, from
http://www.insidehighered.com
Hatred in the hallways: Violence, and discrimination against lesbian, gay, bisexual, and transgender students in
U.S. schools. (2001). Human Rights Watch: New York. Retrieved November 30, 2006, from
http://hrw.org/reports/2001/uslgbt
O’neil, R.M. (1997). Free speech on the private campus. In O’neil’s Free speech in the college community
(pp.
218-239). Bloomington, IN: Indiana University Press.
Pavela, G. (2006, December 1). Only speech codes should be censored. The Chronicle of Higher Education.
Washington, D.C.
Responding to bigotry and intergroup strife on campus: Guide for college and university administrators (2006).
Anti-Defamation League: Washington, D.C. Retrieved November 29, 2006, from
http://www.adl.org/campus/guide/default.asp

14. Questions?Questions?