But in addressing the issue of controversial displays, the Faculty of Arts and Sciences (FAS) has taken a broad, philosophical approach, and has attempted to agree upon guidelines that discourage hate speech within the boundaries of the First Amendment.

In February 1990, the Faculty of Arts and Sciences passed rules defining "disruptive speech" at campus events and recommended penalties for those who engage in it. But at the same meeting, the Faculty tabled a three-page philosophical preamble to the free speech report authored by Professor of Government Joseph S. Nye.

The tabled preamble said that "curtailment of free speech undercuts the intellectual freedom that defines our purpose."

But more controversial was the assertion that "behavior evidently intended to dishonor such characteristics as race, gender, ethnic group, religious belief or sexual orientation is anathema to the pursuit of inquiry and education."

"Such grave disrespect for the dignity of others can be punished under existing procedures because it violates a balance of rights on which the University is based," the report read.

In the course of debate on the report, President Derek C. Bok questioned whether the proposed guidelines might give students in the Yard less freedom of speech than tourists in the Square have under the U.S. Constitution.

Eventually, a modified Nye report passed, with the addition of a sentence saying that University policy will be "consistent with established First Amendment standards."

In the recent past, Harvard has tended to err on the side of allowing more, rather than less, speech. While nominally restricting paper posters to those approved by duly constituted student groups, the University has no such restrictions on flags and banners. In fact, Holworthy East has long been used by student groups to post banners promoting concerts, fundraisers and formals.

Dean of the College L. Fred Jewett '57 has said that he may need to consider regulations restricting banners if the flags become much more common. But Jewett said he would be reluctant to move in that direction, citing the usefulness of Holworthy East's prominent displays.

Other Universities have been more heavy-handed in their restriction of "hate expression." Cornell University, for example, three years ago imposed a ban on all flags and banners hanging on its buildings. The ban was imposed in response to a student who hung a Confederate flag.

The Cornell ban was recently repealed following requests by students flying American flags to show their support for U.S. troops in the Persian Gulf.

At other colleges, regulations restricting speech deemed insensitive has met with severe criticism. Tufts University instituted a policy of "free speech zones" that prompted fierce criticism. At Emory University, students are required "to respect the interests of the University." And an unusually broad and restictive code at the University of Michigan was struck down in 1989 by the U.S. Supreme Court.

Set for a Showdown?

Townsend removed her swastika earlier this week in what she called an effort to avoid a rift between Blacks and Jews, but the two Confederate flags remain.

House masters met Wednesday to discuss the matter, and a march scheduled for today promises to keep the controversy in the public eye--for a little while, at least.

But while administrators refuse to legislate the problem away, and Kerrigan and McCormack enjoy the increased attention to their anti-PC activities, protesters and banner-hangers may find themselves stalemated in a long, symbolic game of capture the flag.

One Confederate Flag in Kirkland. Then another in Cabot. Finally, a swastika banner sets the stage for a heated debate about hate speech and the limits of the First Amendment.