Responses

Erin Discussion:

While freedom of speech has come along way in respect to academia, it still has it's limitations. While each institution is different, it is very common and almost expected that institutions communicate their expectations when it comes to free speech and how these limitations will be managed in regards to disciplinary actions. The First Amendment states that the government cannot interfere with free speech or freedom of expression ("Do Student Protesters Have First Amendment Rights? - Intellectual Freedom Blog", 2019). 

Students who attend a public school can expect to have their rights to free speech protected by the First Amendment. In 2007, at a school funded event, students decided to bring along a large banner that referenced illegal drugs. When the principal of the school confiscated the banner after repeatedly asking that it be put away, the school claimed that they did not violate the students rights because the banner advocated for illegal drugs. The Supreme Court agreed with the principal in the case of Morse v. Frederick, noting that there was special government interest in stopping student drug use, therefore the case did not fall under protection of the First Amendment (UNC Charlotte, 2019). 

Unfortunately the First Amendment becomes less clear in regard to private schools. Because private schools do not recieve public funds, they are not governed by the government, making the rules of the First Amendment less strict. When students are off of school property, they are, of course, protected by the First Amendment, but while on school property such as campus, the protections become less clear. Fortunately, most institutions provide clearer guidelines and restrictions in their handbook. For example, religious schools may restrict any speech that goes against the church or specific religion that is practiced on campus ("Do Student Protesters Have First Amendment Rights? - Intellectual Freedom Blog", 2019). 

Do Student Protesters Have First Amendment Rights? - Intellectual Freedom Blog. (2019). Retrieved 3 December 2019, from  https://www.oif.ala.org/oif/?p=13411

Relevant Case Law on Academic Freedom in the Classroom | Office of Legal Affairs | UNC Charlotte. (2019). Legal.uncc.edu. Retrieved 20 November 2019, from  https://legal.uncc.edu/legal-topics/classroom-policies-and-practices/academic-freedom-classroom

Michele Discussion:

Students that attend a public university have their free speech rights protected by the First Amendment. Because the First Amendment states “Congress shall make no law” the courts state that the government cannot deny a person their free speech right. However, private institutions are not under the same restrictions therefore the courts cannot prevent censorship (Student Press Law Center, 2019).

In 1943 Supreme Court Justice Robert Jackson wrote about the role of schools: “That they are educating the young for citizenship is reason for scrupulous protection of Constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes.” Ironically Justice Jackson was referring to grade school students, but this applies to all ages. He stated that this should be a core mission of any college or university (ACLU, 2019).

The First Amendment does not protect students if their behavior creates a hostile environment for vulnerable students. The problem that institutions face is determining when poor conduct crosses the line. Bigoted speech or slightly offensive language is not considered crossing the line. Establishing when conduct crosses the line is a legal matter and is assessed on a case-by-case basis (ACLU, 2019).

Institutions are to provide an environment where there is tolerance and mutual respect among the campus community. Free speech is to include all groups. If there are laws that silence a group, then that could mean these laws can be used to silence anyone. Some believe that it is more important to let students confront speakers than to have institutions shut them down when they are discussing controversial or bigoted views (ACLU, 2019).

Reading through several colleges mission statements it is clear regardless of whether they are a private or public institution most encourage freedom of speech. As Justice Jackson stated this should be the core of an institution’s mission.

References

ACLU. (2019). Speech on Campus. Retrieved from https://www.aclu.org/other/speech-campus.

Student Press Law Center. (2019, March 27). Guide for the private school press. Retrieved from https://splc.org/2012/12/legal-guide-for-the-private-school-press_1201/.