The University of Utah was forced to take down an ‘anti-racist’ code of conduct from its website after a free speech watchdog group alleged that it violated the rights of students and faculty.
The Anti-Racist Code of Conduct, approved in 2020, requires faculty to intervene when alleged hate speech occurs and “work intentionally to eradicate speech or actions that stereotype, inferentially identify, culturally discriminate against, or harm people of color.”
Faculty would also recognize “that racism often occurs in tandem with other systems of oppression (e.g., sexism, classism, ableism, homophobia, transphobia, among others)” and use an “intersectional approach” to responding to such incidents, according to the code.
University Quietly Scrubs Website Of Anti-Racism Code Of Conduct After Alleged Free Speech Violation: by Alexa Schwerha at CDN –
The University of Utah (U of U) Department of Communication appears to have removed its Anti-Racism Code of Conduct from… https://t.co/Xw1gv7Tgxs pic.twitter.com/54WbIn772g
— Conservative Daily News (@CDNPosts) March 27, 2023
The university explained that the Code of Conduct was created to help the university transition from a racist culture toward an anti-racist culture, according to their website.
“The primary goal of an Anti-Racist Code of Conduct is to help the department transition from a racist versus non-racist culture toward an anti-racist culture. A secondary goal of this Code is to support students, faculty, and staff members in the department who experience racial trauma as a result of White normativity and discriminatory actions such as microaggressions, microassaults, and microinsults,” the code read. “A third goal of this Code is to make clear what constitutes racially conscious, appropriate, and respectful treatment of people of color so as to guide thinking and actions in service of creating a departmental culture that is more humanizing and supportive and less injurious.”
While the university believes that the speech code is a way to promote ‘anti-racist’ values at the institution, free speech organizations have said that it is a violation of students’ rights.
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The Foundation for Individual Rights and Expression, or FIRE, said that the policy violated the First Amendment of the United States Constitution because it compelled faculty to adopt a particular ideology. FIRE also told officials that they cannot “eradicate protected speech.”
Overzealous commitments to ‘diversity’ have been debated in the Utah legislature this year as they consider banning diversity statements at public universities.
BREAKING: Utah legislators have introduced a bill to ban "diversity statements"—which function as loyalty oaths to left-wing racialist ideology—in the state's schools, universities, and government agencies. The war against the DEI bureaucracy is escalating fast. pic.twitter.com/NSNlQzKnHl
— Christopher F. Rufo ⚔️ (@realchrisrufo) February 13, 2023
The university relented after pressure from FIRE and other organizations and responded to the organization on March 24, “affirming its commitment to free speech and academic freedom” and “sharing that new leadership is currently evaluating statements on inclusive practices,” FIRE Program Officer Haley Gluhanich told the Daily Caller News Foundation.
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FIRE took credit for the University of Utah’s backtracking, saying that their letter to the university ‘brought attention’ to their violation of the First Amendment.
“While we cannot say for sure, we like to think that this is because of our letter and bringing attention to First Amendment violations in the [code,]” Gluhanich said.
FIRE has advocated for free speech on both sides of the aisle. It recently played a crucial part in fighting against the ‘Stop WOKE Act’ signed by Florida Governor Ron DeSantis.
Victory! A federal court has struck down key provisions of Florida's "Stop WOKE Act."
What does the victory mean for the "Stop WOKE Act" and free speech?
FIRE attorney Greg Greubel explains. pic.twitter.com/NUfhAxEml2
— FIRE (@TheFIREorg) November 18, 2022
FIRE said that in the case of the University of Utah’s Code of Conduct for diversity and inclusion, allowing faculty members to mediate cases where unfavored speech is used could intimidate students as they have to deal with someone in a position of authority.
“When a faculty member is dragged into one of these resolution matters by those with disciplinary authority, they may assume their conduct could result in punishment and will reasonably self–censor, as will other faculty when they see their colleagues punished for exercising their expressive rights.”
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