In September of 2024, a DePauw University student reported that members of a campus fraternity verbally assaulted and intimidated members of the House of Opulence. The House of Opulence is a campus group dedicated to the empowerment and celebration of the “rich Queer history of black and brown people.” On the night in question, the House of Opulence members were attending a fraternity party when they reported being followed by members of the fraternity who shouted transphobic slurs at them and ordered them to “get out.” A House of Opulence member wrote about the incident on social media, and members of the fraternity in question are now under investigation for violations of university policy on hate speech.

This case raises difficult questions about hate speech on college campuses. Often, this type of speech is directed against members of the LGBTQ+ community. If you are an LGBTQ+ student experiencing hate speech or other issues with the university, call the Lento Law Firm at 888.535.3686 or leave your details online so that we can contact you. The Lento Law Firm is nationwide—we can represent your student regardless of location.

Free Speech on Campus

The First Amendment to the US Constitution provides important protections for freedom of speech. Any restriction on speech on campus must not violate the constitutional rights of the speaker, and limits placed on speech must be narrow.

Definition of Hate Speech

Hate speech is speech intended to humiliate or incite mistreatment of a person because of race, gender identity, sexual orientation, sex, or other protected class. Most colleges have some limitations on hate speech. Public colleges must be more protective of free speech rights, while private colleges are freer to define and ban hate speech.

Speech Not Protected by First Amendment

While colleges, especially public institutions, must be careful to respect free speech rights, the First Amendment does not protect some types of speech, including:

• True Threats: The First Amendment does not protect speech that communicates a serious intent to commit an act of violence.
• Harassing Speech: The First Amendment does not protect harassing behavior, but the bar is set high. At universities or colleges, the behavior must be severe, pervasive, and offensive such that it undermines the victim's educational experience. This speech must be targeted toward a specific individual or group.
• Speech Intended to Incite Violence: The First Amendment does not protect speech intended to incite others to violence—the Fighting Words doctrine. To constitute fighting words, the speech must be directed at an individual or a group in face-to-face interaction and include a physical threat or intimidation.

In the DePauw case, following, cornering, and threatening a group of trans students or acting in a physically intimidating fashion may constitute a threat of violence, harassment, or fighting words. In any event, DePauw is a private institution with a policy against the type of transphobic slurs used by fraternity members, and these members face investigation by the university because of this.

How the Lento Law Firm Can Help

The Lento Law Firm represents LGBTQ+ students who have issues with their college or university. We also represent students defending themselves from accusations of harassment. Contact the Lento Law Firm immediately if your student faces harassment, discrimination, or disciplinary action. Call 888.535.3686 or provide your details online, and we will contact you.