Sara Racchi Professor Vinecour Civil Liberties & Multiculturalism INSERT DATE INSERT TITLE While speaking about the University of Virginia, Thomas Jefferson once said, “This institution will be based on the illimitable freedom of the human mind. For here we are not afraid to follow truth wherever it may lead, nor to tolerate any error so long as reason is left free to combat it.” ( ) What Jefferson understood, along with the other founding fathers, is college is meant to be a forum for diverse ideas and challenging one’s preconceived beliefs. That’s why for many Americans, the First Amendment is the most important of all the rights guaranteed by the constitution. Moreover, it preserves our natural desire to express our thoughts and …show more content…
These charges brought against Brandenburg came forward after he phoned a reporter from a television station based out of Cincinnati, requesting for them to cover one of his KKK rallies on their program. The reporter accompanied alongside one camera man accepted the invitation to the rally which was being held on a farm in Hamilton County (Justia). The footage documented exposed twelve men dressed in full Klan regalia, some of which possessing firearms including a shotgun, a rifle, a pistol, ammunition as well as a bible. The ruling on the case came on June 9, 1969 and sided with Brandenburg and stated the Ohio law for criminal syndicalism was defined in too broad of terms and could not prove he was promoting violence. As a result, the state of Ohio was in violation of Brandenburg’s First Amendment right (oyez.org). In what has become known as the “Brandenburg test” the ruling has set a standard for how courts will determine if speech is meant to incite violence or not (Pew). The qualification for promoting lawless action is the message of the speaker must support an “imminent” action of violence (Pew).This case set a clear standard for the protection of one’s freedom of speech no matter how in conflict it may be with other’s beliefs and opinions. It also clarified how to interpret the intentions of any speech without the speech maker fearing arbitrary accusations of advocating lawlessness. II. Healy vs. James The
As American universities and colleges grow their demographics, diversity and ideas there is a continued and an accelerated debate regarding freedom of speech within these higher education institutions. College campuses are struggling to simultaneously provide a learning environment that is inclusive to traditionally unrepresented students while also providing an environment that allows for ideas to be challenged and debated no matter how offensive or controversial.
Colleges and universities are places of higher education and learning. Part of this learning comes from listening and understanding opposite views from your own. Positively, these zones have allowed students to avoid any ideas they may not want to hear; however, avoidance is not the way around life. Another positive outcome of free speech on campuses is that students are able to bind together
Regardless of how the phrase and the autonomy of the First Amendment is challenged, religion and the need to maintain separation of church and state has been a great contest of the United States legal systems. The court system typically will remove itself from decisions within the higher education institution and leave such decisions to the administrators themselves to make the best decision for the organization, unless those topics in question legitimately violate a federal statute or clause related to the Constitution directly (McFarlane, 2012). Therefore, we will examine the application of the First Amendment within higher education.
College is a time when most individuals are experiencing major changes and begin to explore new perspectives. The transition in becoming more independent, creating new insights and peer influence are key factors in changing the perspective of an individual. Students are faced with new ideas from their professors, family and fellow peers. Through that acquired knowledge many students decide that they either agree or disagree with the perspectives that they are taught. Allowing the right of ‘Free Speech’ on public college campuses has become an important issue that many public colleges are starting to address. In college students are capable of
“Free Inquiry? Not on Campus” by John Leo is an important essay that shows exactly how important it is to protect people's political views and opinions. In Leo's essay, he elaborates how times have changed and how we live in more of a liberal left-wing society and because of this everyone has to be more politically correct. Leo talks about the social change universities and colleges on how they used to promote free speech, but now are more like the speech police telling us what's opinions you should have on any given subject and any other opinion is considered wrong. Leo gives an example of this and writes “in October 2007, for instance, a student mob stormed a Columbia University stage, shutting down speeches by two members of the Minutemen, an anti-illegal immigration group.The students shouted they have no right to
Lawrence sheds light upon the very turbulent issue of the First Amendment right to the Freedom of speech in contrast to the inequality caused by its misuse through racially bias speech. The author states that the University officials should endorse some sort policy that will protect the rights of those who are victimized by this “racial nuisance,” while at the same time not censoring our constitutional right of free speech, “I am troubled by the way the debates has been framed in response to the recent surge of racist incidents on college and university campuses and in response universities attempts to regulate harassing speech” (Lawrence,65). Continually, Lawrence defines the set of ideals that the First Amendment was based on, particularly; equality. He goes on to show the audience that this very balance is
In his book, Unlearning Liberty (2014) Greg Lukianoff, President of the Foundation for Individual Rights in Education (FIRE) asserts that violations of free speech— whether by students, faculty, or administration—will have devastating effects in greater society. Lukianoff supports his assertion by describing cases he has seen throughout his career at FIRE. From administration punishing students to professors getting fired for clearly protected speech. Lukianoff’s purpose is to point out the misguided lessons about freedom that are being taught on campus and to encourage his audience to stand up for freedom on campus. Lukianoff writes in an earnest tone to an audience who recognizes the importance of freedom in America society.
INTRO: Prompt: What should “diversity on campus” mean and why? Hook: Does diversity help liberate narrow-mindedness? What exactly is diversity? To say that diversity is approached on school campuses is an understatement to the level of understanding in this increasingly globalized world. By its definition, “diversity” requires inclusion. Are school’s really working toward the inclusion of everyone? This means including color, national origin, socio-economic status, and sexual orientation. Looking at court cases and polls shown in the short articles, “Introduction from Place, Not Race: A New Vision of Opportunity in America” and “The Trouble with Diversity: How We Learned to Love Identity and Ignore Inequality,” their approach to strengthening
Benjamin Franklin once said, “Without freedom of thought, there can be no such thing as wisdom; and no such thing as public liberty, without freedom of speech.” Indeed, free speech is a large block upon which this nation was first constructed, and remains a hard staple of America today; and in few places is that freedom more often utilized than on a college campus. However, there are limitations to our constitutional liberties on campus and they, most frequently, manifest themselves in the form of free speech zones, hate speech and poor university policy. Most school codes are designed to protect students, protect educators and to promote a stable, non-disruptive and non-threatening learning environment. However, students’ verbal freedom
Freedom of speech is a fundamental American freedom and a human right, and there’s no place that this right should be more valued and protected than in colleges and universities. A college exists to educate and to advance a student 's knowledge. Colleges do so by acting as a “marketplace of ideas” where ideas compete. It is important to be able to compare your ideas with everyone else as it helps to open your mind to other people’s views and can give you a different perception on things. In the article “The Coddling of the American Mind,” Jonathan Haidt and Greg Lukiankoff talked about how too many college students engage in “catastrophizing," which is in short, the overreaction to something. They also said that “smart people do, in fact, overreact to innocuous speech, make mountains out of molehills, and seek punishment for anyone whose words make anyone else feel uncomfortable.”(Haidt) Many colleges have the belief that prohibiting freedom of speech will resolve such issues. But instead, colleges should take a different approach on the matter by teaching students how to properly utilize their Freedom of Speech which will help to resolve future conflicts and misunderstandings.
Free speech on college campuses has been a widely debated topic in recent years. Because of this, the opinions held on this subject vary. In the editorial, “Defending Free Speech on College Campuses”, the Editorial Board of the Chicago Tribune defends the idea of education and free speech. The Editorial Board states that students today are not receiving as useful of an education because of the barriers put on free speech. In addition, they argue that in not allowing students to feel uncomfortable, they are not receiving a true education. [A little more summary here would be helpful—how does the author support these claims?] The editorial, “Defending Free Speech on College Campuses,” introduces a valid logical argument on education through describing instances in which students experience uncomfortable learning situations, and the ways in which they were handled. [Hannah, your reasons here are about content, not about rhetoric—what rhetorical reasons is the argument strong?]
The university has worked to distance itself from its confederacy past in order to “create, evaluate, share, and apply knowledge in a free, open, and inclusive environment of intellectual inquiry,” states the university’s mission. The first principle of justice includes the notion that, “each person has the same indefeasible claim to a fully adequate scheme of equal basic liberties,” (Rawls 42) which include: freedom of basic rights and liberties (i.e., thought and conscience); freedom of movement and choice of occupations, the ability to hold positions of authority, the right to an income and wealth, and access to the social
According to some theories, this should limit the ability of these institutions to restrict the First Amendment rights of their students because these institutions are technically branches of the government and it would be unconstitutional for the government to limit freedoms of speech or the press. Private colleges and universities should theoretically should have more power to limit the rights of their students because they are not a government entity (Sarabyn, n.d.). The Hazelwood, Kincaid and Hosty cases, however, show that this is not true because these cases all involve public
For centuries Universities have been a place to freely voice your opinion and debate with others. These institutions have been relatively safe harbors for debating social issues and exercising the individual's civil rights. However, current students seem to be the exact opposite, and the constitutional principle of free speech seems under siege. “Colleges and universities in the United States have retreated from strong historical support for free speech, including the dis-invitation of speakers, promulgation of speech codes that prohibit what is deemed "offensive speech," and students protesting the participation of politically unpopular speakers on campus” (Eliott)
In the article “Universities are Right to Crack Down on Speech and Behavior,” Eric Posner uses science, logic, reason, and morality to challenge the idea that college students are mature young adults who deserve the right to control their own behavior and to exercise unfettered free speech on campus. Furthermore, Posner contends that speech and sex codes have not always been lax but they changed drastically in the 1960s in response to the circumstances of the era. Consequently, the changes have brought about unwelcome freedoms that students themselves are currently rejecting. According to Posner, both parents and students agree that it’s time to for college administrators to resume a more conventional role in managing the speech and behavior