Public school administrators may in some cases deny recognition to student organizations, such as if the organization would actually and not theoretically cause disruption or if the organization would have been deemed illegal in any other way (Kaplan & Lee 515).
g. hate speech codes
No case involving hate speech specifically on school campuses has reached the Supreme Court (Kaplan & Lee 2007 p. 493). However, case law informs how hate speech is dealt with on campus to provide the balance between freedom of speech protection and the protection against violence or discrimination on campus. Hate speech has been defined by its being inherently humiliating and derogatory and not communicative or educational in any way (Kaplan & Lee 493). Vagueness and broadness of campus free expression rules have been deemed problematic, and campuses generally must define the parameters of hate speech. Certain "nonspeech" expressions such as overt intimidation or true threats can also be restricted on campuses (Kaplan & Lee 2007, p. 502).
h. gay rights
Gay rights are implicitly protected by the First Amendment and therefore on all public institution campuses in the following ways. First, student organizations dedicated to gay rights must be officially recognized and entitled to freedom of speech and expression. Second, gay rights are ensured by the freedom of speech and press clauses in the First Amendment, guaranteeing for instance a column on gay student...
Gay rights are also protected under hate speech regulations but ones that distinguish between true threats and artistic expression.
i. sexual-harassment
Sexual harassment is not protected by First Amendment rights and in many cases may be prohibited. Students are entitled to seek monetary compensation from the institution.
j. commercial speech
The campus can be conceived of as a public forum in which freedom of expression and freedom of speech are protected, including commercial speech. However, universities are designated with the mission of education and if commercial activity interferes with the educational mission then campus administrators may restrict commercial speech on campus.
3.Are academic issues non-justiciable?
Most academic issues are non-justiciable, in so far as those issues are protected by constitutional rights to free expression and the establishment clause of the First Amendment.
4.What institutional rights are involved?
Public institutions are bound more by their obligation to protect student constitutional rights than they are offered leeway to create campus rules and regulations that may violate those rights. Institutions may, however, designate specific instances of hate speech or restrictions on student expression based on potential disruptions to the campus environment or mission.
