San Jose State University gets the yellow streak for anti-“bias” policies

The Foundation for Individual Rights and Expression (FIRE) gives colleges' speech codes one of three ratings: green (no suppression of free speech), yellow (ambiguous wording that could be used to suppress free speech), or red (clear structural suppression). Along with myriad public CA'n universities, San Jose State gets a dismal yellow for prohibiting “[bias]ed” conduct. But who exactly gets to define what a bias-related incident is (and could that in itself be one sided)?

[Editor's note: In the two pages abstracted below, the FIRE rates San Jose State University's Policies on Bias and Hate Speech and Policies on Tolerance, Respect, and Civility as “yellow,” while excerpting which sections of those policies led to that rating.]

San Jose State University

Discrimination Incident Reporting Form

  • Speech Code Rating:Yellow

  • Speech Code Category: Policies on Bias and Hate Speech

  • Last updated: May 5, 2023

Relevant Excerpt

By reporting discrimination incidents, you are helping to maintain SJSU as an inclusive and safe campus environment. Once received, the Office of Diversity, Inclusion and Equity will review the information and may contact you for additional information....

Type of complaint (classify as best you can):(Required)

Discrimination

Dating Violence

Domestic Violence

Stalking

Multiple Complaints

Posters/Flyers with baised or hateful content

Classroom interaction with faculty or student

This article originally appeared in the Foundation for Individual Rights and Expression. Read the whole thing here.

San Jose State University

Student Organization Code of Conduct: Disorderly Conduct

  • Speech Code Rating: Yellow

  • Speech Code Category: Policies on Tolerance, Respect, and Civility

  • Last updated: May 5, 2023

Relevant Excerpt

(5) Disorderly Conduct

(A) Any offensive or disorderly act or display which interferes with the rights of others,

(B) Harassment, threats, physical abuse, intimidation or the threat of physical abuse, including bias-related incidents.

C) Excessive noise which is disruptive to the campus or surrounding community

This article originally appeared in the Foundation for Individual Rights and Expression. Read the whole thing here.

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Jax Oliver