In a quiet but dangerous move, the Baraboo School Board recently passed a revised version of its controversial “Anti-Hate Speech” policy, but instead of addressing its glaring constitutional issues, they simply swapped out “hate speech” for “disrespectful communication.” The change is superficial. The threat to free expression is exactly the same.
Despite facing criticism from ֭, the district’s new policy still suffers from the same core problems: vague language, subjective interpretation, and a chilling effect on constitutionally protected speech.
Under the revised policy, students can still be punished for expression that officials consider “disrespectful”—even if it happens off-campus or involves controversial political opinions—if officials decide it would “endanger” others. Employees are still at risk of discipline for off-duty speech that has nothing to do with their jobs. The policy gives administrators broad discretion to censor speech based on how it makes others feel, rather than whether it causes substantial disruption or violates clear legal standards.
Let’s be clear: renaming a speech code doesn’t make it constitutional. A vague, overbroad policy—whether it targets “hate speech” or “disrespectful communication”—still violates the First Amendment.
Baraboo’s students and staff deserve better than a free speech bait-and-switch.
Email the board. Demand that they revoke or revise this dangerous policy. Say it loud: the Constitution isn’t optional.
