‘ Speech perceived as harsh, cruel, or insulting’ is protected under First Amendment, FIRE attorney says
Legal experts have raised concerns about the legality of specific diversity, equity, and inclusion aims at North Dakota State University, including a” speech of equality” opposing “violence in speech or in activity”.
The statement’s obscure dialect, which says “violence in language” may be interpreted in a variety of different ways, raised concerns for counsel Zach Greenberg, a colleague with Foundation for Individual Rights and Expression.
This may raise issues with free talk if it were interpreted as offensive speech and the statement was imposed to suppress it. According to Greenberg, the interpretation and enforcement of the speech will depend on how it is done.
The diversity, equity, and inclusion speech from the common school’s College of Business aims to help students “feel secure” and offer” area to be their own person”.
The declaration emphasizes that the university works to make certain “diversity” and “inclusion” are designed both in and out of the class. Additionally, it” condemn]s ] acts of hate and bigotry as antithetical to the College’s core values”.
” We stand opposed to violence in language or in motion, and we see hatred as a risk to the goal of the College of Business, as we are committed to intellectual and cultural development of our students, staff, and community”, the statement reads.
But, the College of Business did not specifically define what might constitute “violence in speech” or what might conflict with its guiding principles. Additionally, it did not respond to The College Fix‘s inquiries regarding the statement.
The Fix reached out to Kay Hopkins, the page chairman for the College of Business, and the school’s media calls group for explanation of what is deems to be “violence in speech”. Over the past two weeks, neither of them responded to numerous emails and a phone call.
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Meanwhile, Greenberg at FIRE told The Fix colleges can punish students for “unprotected true” threats or harassment, but they cannot punish” speech perceived as violent, hateful, or offensive”, because that would violate the First Amendment.
While the university can make its own statement about speech it dislikes, Greenberg said,” It should make clear that students and professors can express violent language.”
In addition to its DEI statement, the College of Business’s strategic goals to promote” Diversity, Inclusion, and Tolerance” also prompted concerns from another legal expert.
One of the objectives is to “measure baseline enrollment rates for female business students and develop strategies and programs to bring enrollments up to the University average for CoB programs” ( ).
The College Fix contacted Edward Bartlett, president of Stop Abusive and Violent Environments, to inquire as to whether a college can legally aim to increase the number of students of one sex. SAVE advocates for fairness and due process on college campuses.
According to Bartlett, the college recruitment strategy for female students violates Title IX, which “bans all forms of sex discrimination in schools.”
When asked if there are legal ways for a university to encourage more female students to enroll in a particular program, Bartlett stated to The Fix,” The Fourteenth Amendment assures equal protection to all persons, both male and female.
” Overall, NDSU should be more focused on recruiting male students, rather than achieving arbitrary gender quotas for just female students, “he said.
Other objectives of the college include promoting DEI through events and special guest speakers, as well as creating a” DE I Statement” that highlights the work our College already does in this crucial area and communicates our work to the community.
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IMAGE: North Dakota State University/Facebook
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