A Critical Race Theory Perspective on Assaultive Speech in U.S. Campus Communities

ABSTRACT

US college and university administrators are reluctant to regulate racialized assaultive speech by members of their campus communities, even when the effect and objective of such speech is to demean, degrade, ostracize, and threaten Black, Indigenous, and other people of color. My critical race theory analysis reveals how two US Supreme Court cases commonly used to defend assaultive speech in campus communities, have been misapplied. Both cases were about students expressing political speech—a different legal realm from hate speech that has no educational value and, in my view, merits regulation because of its harmful effect. In this theoretical article, I urge institutional leaders and researchers who are committed to equity in education to challenge the white legal logic that for too long has protected assaultive speech in educational settings at the expense of marginalized communities. I recommend that institutions of higher education establish robust, unapologetic standards and policies for incidents of assaultive speech to compellingly affirm the dignity and inclusion of all campus members.

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1. Justice John Marshall Harlan’s dissent in Plessy v. Ferguson (1896), which introduced the concept of color-evasive constitutionalism through the “Constitution is colorblind” phrase, is another prominent example of vexing snippets of famous case law that decontextualize legal texts and thereby undermine racial justice efforts.

Additional information

Notes on contributors

LaWanda W. M. Ward

LaWanda W. M. Ward, JD, PhD, is an assistant professor in the Department of Education Policy Studies and a research associate in the Center for the Study of Higher Education at Pennsylvania State University. She is a critical race Black feminist qualitative scholar who names and critiques US law as an inherent oppressive tool used to address race-conscious admissions, free speech theory interpretations, and tenure and promotion denial lawsuits filed by Black and other racially minoritized faculty.