ACLU-NC to NC State Officials: Don't Implement 'Speech Codes'

On the morning after Election Day 2008, four North Carolina State University students spray-painted racist graffiti in the “free expression tunnel” located on the NC State campus. Specifically, the statements found in the free expression tunnel on the morning of November 5, 2008 included “Hang Obama by a Noose” and “Let’s shoot that ni--er in the head.” Ku Klux Klan symbols were also found. Many African-American students were very frightened by the writings and were afraid to wear buttons supporting President-elect Obama to school on the day after Election Day, for fear that the statements were meant as a rallying cry for violence against African-American students. In response to the incident, the North Carolina Conference of the NAACP (NAACP NC), demanded the expulsion of the four students involved and also demanded the implementation of hate speech codes on all UNC-system campuses in North Carolina. We received requests for assistance from students concerned about the possibility of implementation of speech codes. Consequently, we sent a letter to President Bowles on the afternoon of November 25, 2008. On January 15, 2009, we spoke about our position before the UNC Study Commission formed to review student codes of conduct as they relate to hate crimes. Jennifer Rudinger attended another Commission hearing on January 26, 2009. On March 31, 2009, the Commission issued its findings, which recommended that “a University-wide policy be developed addressing hate crimes and acts of violence or intimidation.” The Commission further agreed that the recommendation should include protections of the constitutionally guaranteed rights of free speech and expression.