This article focuses on the First Amendment implications of the hate speech problem, comparing the free speech values that may be endangered by attempts to regulate hate speech with the equality values that may be endangered if hate speech is left unchecked. I will also concentrate on processes that universities may devise to resolve these crucial value questions. My goal is to add order and balance to the differing points of view concerning hate speech, and to bring a measure of practicality and concreteness to what has often been a rather theoretical and abstract debate. In short, my focus will be on this specific question: What may, and what should, university communities do about the hate speech problem, and how should they go about doing it?
William A. Kaplin, ‘Hate Speech’ on the College Campus: Freedom of Speech and Equality at the Crossroads, 27 LAND & WATER L. REV. 243 (1992).