Discriminatory harassment and hate speech are both harmful and may overlap in some cases. However, they are distinct concepts with different legal implications. Discriminatory harassment may include hate speech. However, some forms of hate speech do not rise to the level of discriminatory harassment and are protected.
Discriminatory harassment is defined and addressed through anti-discrimination laws and workplace or educational policies, which prohibit discrimination based on protected characteristics and provide remedies to victims (see WSU’s Policy Prohibiting Discrimination and Harassment). Discriminatory harassment has a specific definition and includes conduct that is so severe or pervasive, and objectively offensive, that it causes or has the potential to cause specific types of harm.
Hate speech also refers to speech, conduct, or expression that offensively targets individuals or groups based on characteristics. Hate speech may rise to the level of discriminatory harassment or criminal harassment in some cases, but it may also be considered protected speech where the conduct does not constitute discriminatory or criminal harassment, or fall into some other category that is not protected. Protecting some forms of hate speech is an attempt to balance first amendment rights with the prevention of harm and the protection of marginalized groups.
If there is a bedrock principle underlying the First Amendment, it is that government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.
Texas v. Johnson (1989)
Determining what constitutes hate speech and where the line should be drawn between protected speech and harmful expression is a complex and often contentious issue with legal and ethical repercussions. WSU community members with concerns about hate speech or discriminatory speech can contact Compliance and Civil Rights at ccr@wsu.edu, 509-335-8288, or Online Reporting Form. Compliance and Civil Rights is the central intake office for complaints of discrimination and harassment, including sexual harassment and sex-and-gender based violence, and can facilitate supportive measures or formal grievance processes leading to discipline and sanctions.
Regardless of whether speech constitutes hate speech or discriminatory harassment, WSU recognizes the power of speech to harm individuals. Where speech cannot be addressed under university policies, WSU can facilitate support and resources for the individuals impacted, express a counter-viewpoint, organize alternative speech events, or facilitate education and training.