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Microaggressions, Trigger Warnings, And The Fight To Redefine Free Speech: An Analysis Of The Judiciary's Response To Campus Speech Codes Through Liberal And Communitarian Perspectives, Madeleine G. O'Neill
Microaggressions, Trigger Warnings, And The Fight To Redefine Free Speech: An Analysis Of The Judiciary's Response To Campus Speech Codes Through Liberal And Communitarian Perspectives, Madeleine G. O'Neill
Senior Independent Study Theses
As campus speech codes enjoy a renaissance surrounding microaggressions and trigger warnings, understanding how and whether such speech codes can stand up to constitutional scrutiny is crucial. This project offers a historical overview of the evolution of free speech in U.S. history, with a particular focus on the jurisprudential history of hate speech and the “first wave” of litigation surrounding campus speech codes in the 1980s and ’90s. I use two theoretical frameworks, liberalism and communitarianism, to analyze the judiciary’s response to speech codes and to understand whether that response aligns with either framework. Lastly, I offer three proposals for …