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Law Students Criticize Policy On Hate Speech

Some Fear Proposal Would Chill Debate

Professor of Law Alan M. Dershowitz, a memberof the committee, offered his interpretation, ofthe type of situation the guidelines were designedto regulate.

"We are trying to divide the sexual from thesexist.," Dershowitz said/ "We are focusing onsituations where a boss directs repeated racist,sexist or homophobic remarks at a subordinate,making that person too uncomfortable to continuein that position."

Dershowitz said the code would not apply incases of discriminatory remarks made from studentto student or from faculty member to facultymember. "This will only address vilification in ahierarchical situation," he said.

But third-year student Bill C. Waller, who ispresident of the Law School Republicans, saidDershowitz's explanation was not sufficientlyclear.

"What about discriminatory remarks made by athird-year to a first-year when both of them areworking on a student journal?" Waller said.

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And not all the committe members said theyagreed with Dershowitz and Levy. ProfessorElizabeth Bartholet said students should rememberthat Dershowitz's views did not represent theviews of the entire committee.

"I would say that this document spells out thelaw and makes it less vague," Bartholet said. "Ithink it is possible for students to get hurt evenwithin a class setting."

Waller was one of several students who said hedisagreed with the hate speech code. He saidHarvard was setting a bad precedent for otherinstitutions by imposing guidelines about hatespeech.

Waller also echoed Levy's concern that studentswould be discouraged from speaking their minds.

"Harvard is not exactly the most social place,and nobody wants to create enemies among the fewpeople one knows, so nobody really speaks up,"Waller said. "This type of regulation will onlyincrease the chilling [effect]."

But second-year student Lisa M. White '92 saidshe was happy with the Law School's decision to"finally take a stance."

"I experienced hate speech during myundergraduate years [at Harvard]... and it is timefor the Law School to stop saying its hands aretied and to say it will not tolerate this," saidWhite, who is Black. "Earlier, I felt marginalizedand unprotected."

In addition, ten students stood up to showtheir support for the hate speech ban.

But, in an interview after the meeting, Wallernoted that White experienced hate as anundergraduate, and not during her time at the Lawschool.

"Have there been that many cases [of hatespeech] here at the Law School that require such adocument?" Waller said.

But Dershowitz said that in considering theguidelines, people should remember what is bestfor the Law School.

"We don't have to follow the courts--we shouldfollow what is right for Harvard Law School, andshould be confident that the courts will follow,"Dershowitz said. "The harm at Harvard Law issilence, not speech.

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