Robert M. O'Neil

About the author: Robert M. O'Neil is a professor of law at the University of Virginia in Charlottesville, the director of the Thomas Jefferson Center for the Protection of Free Expression, and the author of the book Free Speech in the College Community, from which this excerpt was taken.

Many colleges have sought to regulate hate speech by adopting speech codes. However, these codes have several serious drawbacks. Speech codes are often imprecise, making it difficult to determine code violations. These regulations are also counterproductive because they can create a backlash against progressive opinions, punish the intended beneficiaries of the laws, and glorify racist speakers. In addition, the constitutionality of speech codes is unclear, although several court cases have ruled that these codes violate the First Amendment. However, the most powerful objection to...