CASE BRIEF: Iota XI Chapter of Sigma Chi Fraternity v. George Mason University (1991)

Iota XI Chapter of Sigma Chi Fraternity

v. George Mason University (1991)

Title and citation

Iota XI Chapter of Sigma Chi Fraternity v. George Mason University (1991),
773 F. Supp. 792, 795 (E.D. Va. 1991), aff’d 993 F. 2d 386 (4th Cir. 1993)


Facts

Student leaders implored the dean to sanction Sigma Chi after a student wore blackface and a black wig with curlers, as well as pillow stuffing in the breast and buttocks area, during a spirit week. The student leaders said the display was offensive and promoted racial and sexist stereotypes. The dean prohibited Sigma Chi from holding sports and social events for two years and, during that probationary period, required them to get approval from the university to hold other planned activities. In response, Sigma Chi sued the University, claiming that their free speech rights were being violated by this sanction.


Issues

1. Can a university sanction language for being offensive?


Held

1. No; it is not lawful to punish speech simply because it may be offensive to some people.

Reasoning

The court held that the students' speech or the use of blackface cannot be banned simply because some people find it offensive, especially since GMU did not even have a hate speech code to base their decision on.

Decision

The court ruled in favor of the plaintiffs, the Iota Xi Chapter of Sigma Chi Fraternity.

Significance

This case, with the two preceding cases in 1989 and 1991, set a precedent for universities, that in order to regulate hate speech a code cannot punish protected speech, must be very clear about what is prohibited or punishable, and cannot base punishment on content of speech.