Ethical Codes and Speech Restrictions: New Scenarios and Constitutional Challenges to Freedom of Teaching at University—The Italian Perspective

Universities all over the world are adopting rules aimed at protecting sensitive individuals from topics that may cause emotional distress or produce discrimination. Some of these rules even require teachers to warn students of political or religious beliefs expressed in course materials, and to point out “no go areas”. In Italy, this new turn in the ethic of care still only seems a distant possibility, although a number of University ethical codes have been adopted and many guidelines already require the use of a gender-fair language. Are these policies compatible with freedom of teaching under Article 33 of the Constitution? This chapter examines the issue through the Italian case-law.