A Different Look at the First Amendment and Speech Codes

There is a growing problem among universities. across the United States. The problem is how to combat hate-speech on campus without limiting students\u27 First Amendment constitutional right to free speech. A prominent solution that many universities are developing and have tried to implement is speech codes. However, many of the universities\u27 speech codes have been struck down by courts as unconstitutional due to their vagueness and over breadth. The purpose of this essay is: to analyze the First Amendment from a critical race theory perspective, and to argue for the implementation of speech codes on universities. First, I will address a few critical First Amendment court cases that have greatly impact the debate on speech codes. Secondly, drawing from a wide range oftheory base sources, I will argue that the First Amendment is not equally applied to minorities as it applies to the majority. Thirdly, I will argue that speech codes are needed: to give minority a legal mechanism to address their hurt that gives legitimacy to their hurt, voice and rights. In this essay I will not be arguing for a specific type of speech code or for any alterations in the current speech code models. Rather, I am advocating for the implementation of the idea of a speech code in general. I! eave the meticulous task of drafting a well written, narrowly drafted, and specifically tailored speech code for others