Speaking of Virtue: A Republican Approach to University Regulation of Hate Speech
Suzanna Sherry · Minnesota law review · 1991
67 (E.D. Mich. 1989).2. For example, regulations that treat different viewpoints equally and restrict speech only in limited contexts might survive a first amendment challenge.See Farber & Nowak, The Misleading Nature of Public Forum Analysis: Content and Context in First Amendment Adjudication, 70 VA.L. REV.1219, 1237-39 (1984).Further, hate speech regulations limited to "fighting words" might also pass first amendment scrutiny.See Chaplinsky v. New Hampshire, 315 U.S. 568, 573-74 (1942).However, the Court has not upheld any statutes under the "fighting words" doctrine since the Chaplinsky case in 1942.First Amendment jurisprudence has undergone a radical change since that time and it is therefore quite likely that all or part of Chaplinsky is no longer good law.See, e.g.