The term "hate speech" is not defined by law and it does not exist as an exception to First Amendment free speech rights. Even if speech is hateful or offensive, it is still protected by the First Amendment.
While hate speech is protected by the First Amendment, the First Amendment does not protect criminal conduct or conduct that violates University policy even if the conduct is motivated by an individual's beliefs or opinions or embodied in speech. Thus, hate crimes may be regulated by law and are not subject to protection under the First Amendment. Similarly, direct threats and discrimination or harassment based on race can be punished under university policy.
Although hurtful and divisive, certain speech deemed controversial and hateful may be tolerated, and even encouraged, on college and university campuses. Independent thought and the diversity of opinions are essential to universities, and freedom of expression is necessary for the university to fulfill its mission of producing and disseminating knowledge. Without the ability of its members to freely hear, express and debate different ideas and points of view, the university would lack the culture of free inquiry that lies at the foundation of the academic enterprise.
At the same time "hate speech" can have a corrosive effect on the campus community. Oftentimes the university will speak out to condemn hate speech that serves no purpose other than to antagonize and attack community members. UC Merced encourages every campus member to practice its Principles of Community when they engage in speech and expression and encourages civility and respect by and between UCM community members.
The Principles of Community serve as guidelines for how UC Merced community members should treat one another, but they are aspirational goals, and not rules, laws or policies. Even though speech may contravene the Principles of Community, the speaker cannot be punished for failure to adhere to the Principles, unless their speech falls into a conduct-related exception to the First Amendment. While speech may be hurtful and offensive, it may still be protected by the First Amendment.
Information about how to respond to controversial hateful speech may be found here.
