Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

PDF

Constitutional Law

Theses/Dissertations

2016

Communitarianism

Articles 1 - 1 of 1

Full-Text Articles in Entire DC Network

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 Jan 2016

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 …