OCR regulations do not require speech codes
Office of Civil Rights letter regarding speech codes and the First Amendment:
OCR has consistently maintained that schools in regulating the conduct of students and faculty to prevent or redress discrimination must formulate, interpret, and apply their rules in a manner that respects the legal rights of students and faculty, including those court precedents interpreting the concept of free speech. OCR’s regulations and policies do not require or prescribe speech, conduct or harassment codes that impair the exercise of rights protected under the First Amendment.
See also a deeper analysis of the letter from
Eugene Volokh.
