February 23, 2010
Chancellor Marye Anne Fox
University of California, San Diego
9500 Gilman Drive # 0005
La Jolla, CA 92093-0005
Dear Chancellor Fox:
I am writing to follow up on my letter of yesterday. I have now reviewed materials posted at
www.battlehate.ucsd.edu, which address many important issues but also raise serious concerns
that UCSD is violating the First Amendment by chilling protected speech.
It is appropriate for UCSD to proclaim its “message against racism and hate” and take concrete
steps to provide “support for individual students … ensure students’ safety … continu[e]
discussions with students … identify best practices to address campus climate” and promote
diversity on campus. We appreciate the statement that “among the highest of academic values is
our right to free expression.”
However, we are deeply concerned that UCSD has “launched aggressive investigations … for
violations of the Student Code of Conduct,” both of “the off campus party” and “the racist
message found on campus,” that apparently implicate protected speech. It is troubling that the
administration has raised the prospect of a letter of censure or expulsion, noting that sanctions
“may be more severe if the violations are connected with, arise from, or are motivated by bias or
hate,” and even referring to possible criminal prosecution.
Without a clear statement that UCSD will not investigate or impose sanctions for protected
speech, these veiled threats exert a clear chilling effect on First Amendment rights. Intentionally
or not, the university is sending a message to students to think twice before speaking out on any
controversial issue, for fear that giving offense to any group will lead to investigation and
possible discipline. That chilling effect will inevitably lead to self-censorship, which is precisely
what the First Amendment exists to prevent.
As the university has said, the proper response to offensive speech is more speech, not less. We
encourage yo