ERIC Number: EJ894422
Record Type: Journal
Publication Date: 2008
Reference Count: N/A
Hate Speech, the First Amendment, and Professional Codes of Conduct: Where to Draw the Line?
Mello, Jeffrey A.
Journal of Legal Studies Education, v25 n1 p1-16 Win-Spr 2008
This article presents a teaching case that involves the presentation of an actual incident in which a state commission on judicial performance had to balance a judge's First Amendment rights to protected free speech against his public statements about a societal class/group that were deemed to be derogatory and inflammatory and, hence, cast suspicion on his ability to uphold the professional standards of the bench. This case can be used in courses to facilitate discussion related to public policy, discrimination, the Constitution, and ethics and professional codes of behavior. The specific uses of the case include: (1) exploration of the nature of free speech and whether this right should be absolute; (2) consideration of the social, political, and religious arguments related to discrimination based on sexual orientation; and (3) examination of the nature of standards or codes of ethics in professions, specifically the judiciary. A teaching note and debriefing of the case are included. (Contains 58 footnotes.)
Descriptors: Freedom of Speech, Antisocial Behavior, Speech Communication, Social Bias, Constitutional Law, Public Policy, Case Method (Teaching Technique), Ethics, Standards, Context Effect, Sexual Orientation, Courts, Homosexuality, Legal Education (Professions)
Publication Type: Journal Articles; Reports - Descriptive
Education Level: Higher Education
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: First Amendment