Santa Rosa, CA asked in Civil Rights and Education Law for California

Q: Is it illegal for students to say racist slurs to staff and other students?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: I do not have enough context or details to determine if a specific instance of students saying racist slurs would be illegal. However, some general considerations on this complex issue:

- Schools and workplaces typically have codes of conduct that prohibit harassment, bullying, and hate speech. Using racist slurs could potentially violate those policies and lead to disciplinary action.

- In some cases, repeatedly using racist slurs towards specific individuals in a threatening or intimidating way could potentially cross the line into illegal harassment or hate crimes, depending on the specific circumstances and applicable laws.

- The legal repercussions often depend on the ages of the students, their relationship (e.g. are they classmates?), the setting, the pattern of behavior, and whether the speech incites imminent violence or unlawful acts.

- There are also free speech considerations - the First Amendment protects even offensive and hateful speech in many contexts. But this protection is not absolute, especially in specialized environments like schools.

Overall the issue involves balancing free speech, anti-discrimination policies, anti-harassment laws, school codes of conduct, and more. There are often gray areas that come down to the specific context and facts. The law seeks to distinguish between offensive ideas and actions that tangibly threaten or violate the rights of others.

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