Constitution:

First Amendment to U.S. Constitution
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

 

Statutes:

• Higher Education Act Student Speech Provisions

• Sixth Circuit Court of Appeals, Dambrot v. Central Michigan University

• Third Circuit Court of Appeals, DeJohn v. Temple University

• Northern District of Texas, Roberts v. Haragan
• Middle District of Pennsylvania, Bair v. Shippensburg University
• Eastern District of Michigan, Doe v. University of Mich.
• District of Delaware, Murakowski v. University of Delaware
• Northern District of California, College Republicans at San Francisco State University, et al. v. Reed et al.
• Fourth Circuit Court of Appeals, Iota Xi Chapter of Sigma Chi Fraternity v. George Mason University, 993 F.2d 386 (1993)

NACUA Publication:

• Free Speech in Higher Education (2008), edited by Derek P. Langhauser, Robert M. O'Neil and William E. Thro

NACUA Outlines:

• Pete Kushibab, Regulating Student Speech--An Overview (March 2005 CLE)
• Charles R. Calleros, Regulation of Racial, Sexual, and Ethnic Harassment; Campus "Speech Codes"; and the First Amendment Summary: (March 2005 CLE).
• Jonathan Alger and William Thro, Campus "Speech Codes" and Institutional Response to "Offensive" Speech on Campus (2006 Annual Conference)
• David Aronofsky, Patricia Brady, Scott Varady Student Speech: Protected Speech, Threats, Fighting Words, and Other First Amendment Case Developments (2007 Annual Conference)

JCUL:

• Wasserman, Howard M. Cheers, Profanity, and Free Speech (2005)
• Coleman, Arthur L. and Jonathan R. Alger,  Beyond Speech Codes: Harmonizing Rights of Free Speech and Freedom from Discrimination on University Campus, 23:91 (1996)
• Page, Richard Kirk and Kay Hartwell Hunnicutt,  Freedom for the Thought That We Hate: A Policy Analysis of Student Speech Regulation at America's Twenty Largest Public Universities, 21:1 (1994)
• Hodulik, Patricia B., Prohibiting Discriminatory Harassment by Regulating Student Speech: A Balancing of First-Amendment and University Interests, 16:573 (1990)

Agency Resources:

• Letter, U.S. Department of Education, Office of Civil Rights. (July 28, 2002 )

Other Resources:

• Lawrence White, When Does Provocative Student Expression Become Too Threatening?  http://chronicle.com/weekly/v55/i16/16a02801.htm
• Foundation for Individual Rights in Education:  http://www.thefire.org/ 
• Legal Experts Weigh Implications of Temple U. Speech Case http://chronicle.com/daily/2008/08/4173n.htm
• Hate Speech and Campus Speech Codes http://www.firstamendmentcenter.org/Speech/pubcollege/topic.aspx?topic=campus_speech_codes