University of Oregon bans 'offensive' Halloween costumes, gets slapped with legal warning

The University of Oregon is spooked by its First Amendment obligations to students who wear Halloween costumes it dislikes, according to a free speech group that sometimes sues public colleges for violating free speech rights.

The Foundation for Individual Rights and Expression told UO Thursday to "clarify to students that they will be neither investigated nor punished for wearing 'offensive' or 'unacceptable' costumes" as a campuswide message implied.

"Costumes that reinforce negative stereotypes of cultures and groups [or] that reinforce racism, sexism, homophobia, or classism are offensive and unacceptable," Division of Student Life Vice Presidents Angela Lauer Chong and Yvette Alex-Assensoh told students Oct. 29, according to FIRE's letter.

"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," and "we expect everyone at the UO to dress in ways that are respectful to all members of our community," they wrote.

This directive "impermissibly chills student expression and runs afoul of the University of Oregon’s obligation as a public university to protect free expression," FIRE Program Officer for Campus Rights Advocacy Aaron Corpora told the VPs.

"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," he wrote.

The wording of their missive, which implies costume choices violate university rules, carries an "implicit threat of discipline" as unconstitutional as punishing students for refusing to salute a flag or wear antiwar armbands, Corpora said. 

"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," such as "racially-charged emails" to a listserv and "offensive and sophomoric" stereotypical skits, he said.

Corpora told UO to respond by Nov. 4 that it has confirmed to students no one will be investigated or punished for their costumes.

"Every year, Halloween costumes become a target of overzealous officials," he said in FIRE's press release. "College students have a right to enjoy the holiday without being haunted by the specter of censorship."

UO did not immediately respond to a query from Just the News on what it intended to convey with its Halloween warning and its response to FIRE.