Document Type


Publication Date

Summer 2004


Regulation of hate speech, Freedom of speech, Content-based discrimination, Viewpoint-based discrimination, Hudnut, Tom Paulin, David Rosenberg, Holocaust denial


Education Policy | First Amendment | Law and Society


The regulation of hate speech on public and private university campuses is a fiercely contested and divisive issue. Professor Bradley Wendel defends the middle ground in this debate. This Essay argues that concerns about abuses of power by those in positions of authority are unfounded when an institution possesses greater expertise in a domain than the citizens who are affected by the institution’s decision, provided that the institution is acting on the basis of reasons that are shared by the affected individual.


This article pre-dates the author's tenure at Cornell Law School.

Publication Citation

Published in: Harvard Journal on Legislation, vol. 41, no. 2 (Summer 2004).