Derek Bok And The Frist Amendment

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.

With a wide variety of people on colleges campuses, it is almost impossible to please everybody; whether it comes to class times, bus schedules, or grading rules, somebody is upset. As well as these smaller issues, more controversial arguments come into play. One of these arguments is against free speech zones on college campuses. These zones restrict speech to a specific area on campus, however, still allowing any type of group to express their beliefs to anybody passing. Some claim these zones as unconstitutional because it restricts a student’s right to free speech. However, others view the zones as helpful in controlling protests and current tensions on campus. Open speech across campus is incredibly difficult to monitor because of the enormous size of current day campuses and the immense amount of different views. In the past, there have been situations relating to violent protesting and negative speech across campuses. Because of this, campuses have begun enforcing free speech zones in which students and faculty may verbally express their beliefs.

This year’s election alone has brought about many emotions and deep rooted feelings that have not come out in years. Hate speech and actions carried out because of hate speech has cause a deep division in American culture. Groups like “Black Lives Matter”, “All Lives Matter”, and “Alt-Right” are all under fire for things that have been said or done in the names of these groups. There has been terrorist attacks in the names of religious groups whom believe that a newspaper or group has insulted their religion, beliefs, and gods. Not to mention our own President Elect of the United States, Donald Trump, has been accused of fueling much of the hate speech we see today. This begs the question, should freedom of speech have any restrictions or be limited in any way, or is that unconstitutional? To look at this we must first identify what “Freedom of Speech” is as defined in the constitution and how it relates to current issues in the world and in America, then I will talk about some situations where regulation is already put in place in America, lastly we will look at some situations where I believe freedom of speech could use some clarification or restriction.

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

Former president of Harvard University, Derek Bok, in his essay, “Protecting Freedom of Expression on the Campus” published in the Boston Globe, addresses the topic of protection and regulation of freedom of expression on college campuses and argues that rather than prohibiting the expression of offensive speech, it would be better to ignore it. He fails to support his claim by dismissing the emotional discomfort that people might find themselves in, in response to someone’s offensive expressions, and by not being a credible source of information on the topic, but he successfully appeals to the reader by offering logical reasons as to why

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

Free speech is the fundamental right, almost assumed as a divine ordinance on humans. Preliminary development of free speech starts at universities. Though considered an integral part of academic institutions and student intellectual growth, in the recent past there is growing intolerance for free speech ‘opinions’ expressed through different mediums. This paper compares two texts, “Free speech is flunking out on college campuses” by Catherine Rampell, and “Restoring free speech on campus” by Geoffrey R. Stone and Will Creeley. This paper argues that any text, without provisioning a counter narrative for the core argument, is lacking in its sense of completeness and ability to pre-resolve reactionary dissent.

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.

“Over the years, courts have ruled that college officials may set up reasonable rules to regulate the ‘time, place and manner” that the free speech can occur, as long as the rules are “content neutral,’ meaning they apply equally to all sides of issues” (Fisher, 2008). Speech codes and free speech zones on campus do exist for many reasons: many of the causes or topics that students or others looking to interact with students take up are controversial and can frequently take on less of an academic or social justice overtone and more of a hateful one. Hate speech is the greatest threat to freedom of speech on college campuses, and the limitations colleges and universities put on student’s verbal freedoms are largely in place as efforts to avoid it. Religion, in particular, is a hot topic on campuses and it has an unfortunate tendency to become more aggressive and argumentative than universities would like. However, under the First Amendment, individuals do have a right to speech that the listener disagrees with and to speech that is offensive and hateful. It’s always easier to defend someone’s right to say something with which you agree. But in a free society, you also have a duty to defend speech to which you may strongly object.

The freedom of speech has never been free to everyone. Many Americans grow up with this saying and feel it to be true. Suzanne Nossel wrote her article “How we communicate is changing. So should the way we think about free speech”, published in August of 2017 in The Washington Post, and she argues that “students who seek to shut down speech that offends - through calls to disinvite speakers, punish offensive remarks or shout down opponents - have been dismissed as coddled, unenlightened, entitled, anti-intellectual, dogmatic and infantile.” (Nossel, 2017, p. 1). Nossel builds her credibility with facts and reputable sources, citing convincing facts and statistics, and successfully employing emotional appeals.

In the pursuit of education, students strive to learn and develop their understanding of the world that surrounds them. Accordingly, it is the responsibility of the school administration to provide the means to that end. Yet, there is a polarized divide among schools and their interpretation of freedom of speech. This occurrence is experienced primarily at the university level but can be seen at all levels of education. At the epicenter of this dispute is the notion of censorship, specifically whether or not it is feasible to restrict what can and cannot be said by faculty and students alike. Advocates of freedom of speech assert that censorship violates our First Amendment right, a liberty that is inalienable. Proponents also argue that

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)

Hate crimes are an epidemic that plagues college campuses across the United States. Often, the instigators of hate crimes hide behind their rights allotted to them in the First Amendment of the Constitution of the United States of America. In fact, this argument has actually been found to be a valid one in the eyes of many court systems. The policies put in place by institutions to prevent hate crimes, actually have been found to encourage them. These policies have been found to be a tricky slope for universities. At what point are Constitutional Rights being infringed upon? At what point does one go in order to protect others and encourage inclusion and unity? The surge and reduction in hate crimes on college campuses can often be traced back

Speech that attacks a person or group of people on the basis of race, gender, or sexual orientation is regarded as hateful. It has the potential to incite violence or prejudicial action against or by a protected group of people. In Millian Principles, Freedom of Expression, and Hate Speech, Mill makes the claim that essentially all speech, including hate speech, should be allowed. This claim holds its validity as long as no harm is done to an individual. Here, I will show that low value speech fails to engage deliberative views that underlie central first amendment fundamental liberties. Subsequently, I will support these claims by comparing the aspects of hate speech to low value speech. Lastly, I advocate for the prohibition against the use of hate speech in a university setting.