Overview

Opponents of speech codes often argue that liberal academics use the codes to advance an agenda of political correctness. But Jon B. Gould's provocative book, based on an enormous amount of empirical evidence, reveals that the real reasons for their growth are to be found in the pragmatic, almost utilitarian, considerations of college administrators. Instituting hate speech policy, he shows, was often a symbolic response taken by university leaders to reassure campus constituencies of their commitment against intolerance. In an academic version of ""keeping up with the Joneses,"" some schools created hate speech codes to remain within what they saw as the mainstream of higher education. Only a relatively small number of colleges crafted codes out of deep commitment to their merits. Although college speech codes have been overturned by the courts, Speak No Evil argues that their rise has still had a profound influence on curtailing speech in other institutions such as the media and has also shaped mass opinion and common understandings of constitutional norms. Ultimately, Gould contends, this kind of informal law can have just as much power as the Constitution.

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Speak No Evil is an interesting inquiry into the debate and practice of hate speech regulation on college campuses and beyond. This fascinating study surpasses the usual legalistic and policy questions to look at how hate speech has developed and thrived in American institutional settings. It is original, compelling, and most convincing. - Michael McCann, coauthor of Distorting the Law

Author Information

Jon B. Gould is assistant director of the Administration of Justice program and assistant professor in the Department of Public and International Affairs at George Mason University, where he is jointly appointed in law and women's studies.

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