The University of Oregon recently sent out an email to the student body urging students to select costumes in keeping with “community standards,” including by not depicting other cultural identities.
“We also want to remind everyone to choose costumes that are respectful to others and that are in keeping with our community standards,” the letter stated, which was obtained by The Oregonian. “Costumes that reinforce negative stereotypes of cultures and groups that reinforce racism, sexism, homophobia, or classism are offensive and unacceptable.”
“It is unacceptable to ‘dress up’ as Native American, in Black face, as an immigrant, or inappropriately depict any other cultural, social, religious, or political identity,” the letter continued. “As active and respectful community members, we expect everyone at the University of Oregon to dress in ways that are respectful to all members of our community.”
The University of Oregon’s memo was critiqued by a First Amendment advocacy group, the Foundation for Individual Rights and Expression (FIRE), in an open letter sent to school administrators on Oct. 31.
“While dressing in costumes that depict other cultures or invoke stereotypes may be considered offensive by some, or even many, the right to engage in this form of expression is undoubtedly protected by the First Amendment,” FIRE’s letter states. “We therefore urge you to clarify to students that they will be neither investigated nor punished for wearing ‘offensive’ or ‘unacceptable’ costumes.”
“It is well established that freedom of expression ‘does not end at the spoken or written word’ but includes conduct ‘intend[ed] to convey a particularized message’ likely to ‘be understood by those who viewed it as expressive,’” the letter continues. “At UO, students have the expressive right to dress in costumes for Halloween, whether as a joke, to express a sincere opinion, or for any other expressive purpose-regardless of whether others find it offensive.”
“The Supreme Court has repeatedly, consistently, and clearly held that expression may not be restricted on the basis that others find it offensive-or even hateful,” FIRE continued.
The Supreme Court has protected offensive speech under the First Amendment in numerous instances, including in Brandenburg v. Ohio (1969) and Tinker v. Des Moines Independent Community School District (1969).
In its letter, FIRE urged that University of Oregon respond to its note by Nov. 4 with confirmation that no students will be “investigated or punished” for wearing so-called “offensive costumes.”
Campus Reform has contacted the University of Oregon for comment. This article will be updated accordingly.
This article was originally published at campusreform.org
