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The Summer 1990 issue of Law and Contemporary Problems addressed the issue of academic freedom on university and college campuses. In an article entitled Academic Freedom, Hate Speech, and the Idea of a University, Professor Rodney A. Smolla examined First Amendment theory and jurisprudence regarding hate speech on campus. Professor Smolla was particularly concerned with answering two questions: “Do the free speech rules prevailing in the general marketplace apply with equal force on university campuses? Or are there [F]irst [A]mendment principles that either require or permit a different response to hate speech on campus than current [F]irst [A]mendment doctrines allow in other contexts?” In attempting to answer these questions, Smolla compared what he called the two ideas of the university. The first of these ideas is the university as a place of “unfettered expressive freedom” that truly resembles a marketplace of ideas and a place of comfort for First Amendment absolutists. The second of these ideas is the university as a community of scholars and “an island of equality, civility, tolerance, and respect for human dignity; a place where the contemplative and rational faculties of man should triumph over blind passion

law and contemporary problems

The University as an Industrial Plant: How a Workplace Theory of Discriminatory Harassment Creates a "Hostile Environment" for Free Speech in America's Universities