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Changes Made to School Code

Speech Rules Would Ban Harassment; Faculty to Vote on Issue

By Ishaan Seth

In response to student accusations that it was trying to impose a speech code, a Law School faculty committee has changed a proposed sexual harassment policy that had earlier included broad restrictions on hate speech.

The final version, released on Thursday, no longer makes reference to verbal harassment on the basis of race, color, religion, disability, age or national origin.

But the document still contains restrictions on face-to-face insults on the basis of gender or sexual orientation that have "the purpose or...effect of unreasonably interfering" with work or creating a hostile environment.

The first draft had prohibited any form of speech that constituted harassment by "personal vilification" and also banned remarks or epithets which "unreasonably interfered" with another person's work or academic performance. Among other faults, the draft was criticized by law students for its "vague" wording.

Die-hard free speech supporters say the policy still infringes on First Amendment rights, while some students say the policy obstructs the free exchange of ideas that is vital to an academic environment, according to the Boston Globe.

According to the Globe, faculty committee chair Professor Richard H. Fallon said that in the wake of criticism, the members had decided to focus more closely on their guidelines regarding sexual harassment.

The guidelines exclude speech made with an educational purpose and speech protected by state civil rights laws and the First Amendment, the Globe said. The policy also says that isolated insults would usually not be punishable and calls them, and the free expression of possibly hateful ideas, "a cost of liberty."

A final faculty vote on the guide- lines is scheduled for Friday, the Globe said.

Professor Alan M. Dershowitz, a committeemember, endorsed the guidelines in a writtenstatement, in which he called the rules a "narrowspeech code" that would prevent other bars to freespeech.

According to the Globe, a dissent came fromcommittee member Professor Elizabeth Bartholet,who said the guidelines fail to go far enoughsince they only deal with hate speech directedagainst individuals.

In a written statement, she said that "hostileconduct directed against an entire class thatmakes life miserable for the entire class is notin my view less of a problem than individuallytargeted conduct.

Professor Alan M. Dershowitz, a committeemember, endorsed the guidelines in a writtenstatement, in which he called the rules a "narrowspeech code" that would prevent other bars to freespeech.

According to the Globe, a dissent came fromcommittee member Professor Elizabeth Bartholet,who said the guidelines fail to go far enoughsince they only deal with hate speech directedagainst individuals.

In a written statement, she said that "hostileconduct directed against an entire class thatmakes life miserable for the entire class is notin my view less of a problem than individuallytargeted conduct.

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