Resident Handbook: Free Speech and Hate Speech

Relevant Excerpt

As a state institution, University of Massachusetts Boston (UMASS Boston) is mandated to uphold the protections guaranteed by the First Amendment to the Constitution of the United States, as well as the Constitution of the Commonwealth of Massachusetts. Under the First Amendment of the Constitution of the United States, all persons have the right to freedom of speech and the press.

The definition of hate speech has “...no meaning other than the expression of hatred for some group, such as a particular race, esp. in circumstances in which the communication is likely to provoke violence” as indicated in the Black’s Law Dictionary (10th ed., 2014). Within the United States Constitution, hate speech is not recognized as a crime by itself.

However, the right to freedom of speech is not considered absolute. It has been ruled by the United States Supreme Court that specific types of speech are not protected under the U.S. Constitution. Forms of speech and expressions that interfere with the well-being, safeness, and overall health of an individual is not protected. Additionally, speech language and expressions that promote/create an unwelcoming and/or dangerous environment, and/or that encourage an unlawful outcome is not permitted. Incitements (which is defined as any action provoking unlawful behavior) and fighting words (which is defined as language that is confrontational, and threatening terminology that triggers instant violence) are also prohibited. Bias/hate speech will not be tolerated within the residence hall and/or the UMASS Boston campus.

Victims of hate speech who would like to report a bias incident should find a campus administrator and/or faculty for support and to begin the process of making a formal complaint. Residents who are not satisfied with how their complaint was handled can contact an upper administrator (Dean, Chancellor, etc.), report their concerns directly to the Office of Civil Rights and Title IX at UMASS Boston, and/or involve outside resources (Boston police, etc.) All reported forms of bias/hate speech and language will be handled with care and thoroughly investigated under the appropriate office(s) and within the corresponding policies; as well as directly addressed within the residence halls if it happens to occur among UMASS Boston residential communities.