Liliana M. Garces, B. Johnson, Evelyn Ambriz, Dwuana Bradley
{"title":"Repressive Legalism: How Postsecondary Administrators’ Responses to On-Campus Hate Speech Undermine a Focus on Inclusion","authors":"Liliana M. Garces, B. Johnson, Evelyn Ambriz, Dwuana Bradley","doi":"10.3102/00028312211027586","DOIUrl":null,"url":null,"abstract":"Guided by legal, sociolegal, and higher education concepts, we use an embedded case study of university administrators at a public institution to examine how they negotiate and institutionalize principles of freedom of expression and inclusion in responses to the proliferation of on-campus hate speech following the 2016 U.S. presidential election. Our findings reveal that an institution's legal context and administrators’ interpretations of law and law-related pressures shape their understanding of hate speech–related incidents, and the permissible responses, in ways that make it nearly impossible to consider and implement inclusion-focused practices. We advance the concept of “repressive legalism” to explain these dynamics and discuss implications for policies and practices that support both open, robust expression and inclusion for students of color.","PeriodicalId":48375,"journal":{"name":"American Educational Research Journal","volume":"21 1","pages":"1032 - 1069"},"PeriodicalIF":3.5000,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"6","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"American Educational Research Journal","FirstCategoryId":"95","ListUrlMain":"https://doi.org/10.3102/00028312211027586","RegionNum":1,"RegionCategory":"教育学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"EDUCATION & EDUCATIONAL RESEARCH","Score":null,"Total":0}
引用次数: 6
Abstract
Guided by legal, sociolegal, and higher education concepts, we use an embedded case study of university administrators at a public institution to examine how they negotiate and institutionalize principles of freedom of expression and inclusion in responses to the proliferation of on-campus hate speech following the 2016 U.S. presidential election. Our findings reveal that an institution's legal context and administrators’ interpretations of law and law-related pressures shape their understanding of hate speech–related incidents, and the permissible responses, in ways that make it nearly impossible to consider and implement inclusion-focused practices. We advance the concept of “repressive legalism” to explain these dynamics and discuss implications for policies and practices that support both open, robust expression and inclusion for students of color.
期刊介绍:
The American Educational Research Journal (AERJ) is the flagship journal of the American Educational Research Association, featuring articles that advance the empirical, theoretical, and methodological understanding of education and learning. It publishes original peer-reviewed analyses that span the field of education research across all subfields and disciplines and all levels of analysis. It also encourages submissions across all levels of education throughout the life span and all forms of learning. AERJ welcomes submissions of the highest quality, reflecting a wide range of perspectives, topics, contexts, and methods, including interdisciplinary and multidisciplinary work.