Free Speech on College Campuses Universities are considering adopting speech codes that would put a ban on offensive, demeaning, and provoking speech. The developments of these speech codes are not necessary. Sheltering students from speech that might offend them is patronizing to say the least. Do college officials really believe the students are too weak to live with the Bill of Rights? The fact of the matter is that speech codes on college campuses are threatening students’ freedom of speech and the free exchange of ideas and therefore have no place in higher education. The First Amendment of the United States Constitution is part of the Bill of Rights. The first amendment states, “Congress shall make no law respecting an …show more content…
The Supreme Court has clearly ruled in favor of free speech (Bok 124). In 1969, a landmark decision made by the U.S. Supreme Court in Tinker v. Des Moines Independent Community School District ruled that students are permitted to have a right to express themselves. The 7-2 ruling encouraged the right of three students to wear black armbands to show their support for a Christmastime cease-fire in the Vietnam War. Justice Abe Fortas, relating the majority opinion, said, “School officials do not possess absolute authority over their students. . . . In the absence of a specific showing of constitutionally valid reasons to regulate their speech, students are entitled to freedom of expression of their views” (qtd. In Jost, “Student Rights” 504). In another major ruling, in 1989, the Supreme Court defended the right to burn the American flag. The Court also added that this was an expression of disagreement with government policies and shall be protected by the amendment (ACLU.org). Silverglate explains the case of Cohen v. California in 1971 as follows:
In that case, an antiwar protester wore a jacket in the Los Angeles County Courthouse that used a vulgar profanity to express his objection to the draft. The State of California prosecuted the protestor for “maliciously and willfully disturbing the peace or quiet of any neighborhood or person…by…offensive conduct.” The Court rejected California’s
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.
armbands at school, the Court established that students do not shed their Constitutional rights at
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
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
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.
A few college campuses across America have attempted to craft speech code regulations that restrict speech based on a fighting words approach, meaning they’ve tried to make hate speech on campuses punishable by applying the fighting words law into the college campus setting. As Timothy Shiell says in Campus Hate Speech on Trial they base this argument on three points: “1. The First Amendment does not protect fighting words. 2. Some campus hate speech constitutes fighting words. Thus 3. Campus hate speech codes punishing and preventing fighting words do not violate the First Amendment.” Two of the universities that have used this logic to create speech restrictions include the University of Wisconsin and Stanford University. While both speech codes have been struck down in court, these two codes were constructed with past cases and failed codes in mind, so that they’ve indisputably come the closest to being codes that the Supreme Court deems constitutional. Despite the ruling that these codes are unconstitutional, many advocates think that flaws were not in the speech codes, but rather, in the court’s decision.
The First Amendment is part of the Bill of Rights. The Bill of Rights is our rights as citizens living in the United States of America. In this paper I will look at three provisions to the First Amendment, highlighting one case for each provision. Included are one case to discuss freedom of speech, one case to discuss separation of church and state and one case to discuss freedom of association.
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
John Tinker, Mary Beth Tinker and Christopher Echardt all attended the same public school. They decided to wear black armbands to school to protest the Vietnam War. They were asked by the school to remove the armbands but the kids refused to do so. This resulted in the suspension of all three students. Through their guardians, the scholars sued the school region for infringing the scholar’s right of expression and looked for a directive to keep the school from suspending them. The Tinkers took to court. The Tinkers claimed that they were suspended for essentially expressing their views on the war. They thought this move made by the school
The American Association of University Professors (AAUP) made a statement “On Freedom of Expression and Campus Speech Codes,” 1994, which states, “In response to verbal assaults and use of hateful language some campuses have felt it necessary to forbid the expression of racist, sexist, homophobic, or ethnically demeaning speech, along with conduct or behavior that harasses…”
Universities that have been trying to quash free speech have encountered some court reversals of their attempts. But campus leftists have not given up. The newest university gambit to limit speech mirrors the Equal Employment Opportunity Commission guidelines concerning sexual harassment in the workplace, (creating a hostile environment) or they attempt to base their speech code on the "fighting words" doctrine enunciated by the Court in Chaplinsky v. New Hampshire
In December 1965 a few students in Des Moines planned to wear black armbands throughout the holiday season and they planned to fast on December 16th and New Year’s Eve to support a truce in the Vietnam War. The principal and other school officials learned that the students hatched this plan and immediately adopted a no armband policy and students would be suspended if they wore armbands. On December 16th Mary Beth Tinker and Christopher Eckhardt wore their armbands to school and were sent home. The following day John Tinker wore his armband to school and the same result occurred. They were suspended until they wouldn’t wear the armbands anymore. The students sued for violating their first amendment right of free speech. How should individual rights and the common good be balanced when they come into conflict? The common good should be put before individual rights because we have to think of the big picture not this little tiny problem. I think the school was wrong to censor the student’s free speech because they didn’t cause a substantial disruption of education.
Recently, there has been a lot of discussion regarding free speech on college campuses. Our first amendment gives us the right of Free Speech but many groups retain the ability to censor it within their own organisation, such as in the workplace and in both public and private lower education. I believe that the ability should be extended to colleges and universities (both public and private). Students should have the right to be at school while feeling physically safe. An example of this right being violated because of someone else’s “free speech” was last spring at American University in which bananas were strung up on nooses around campus with AKA (a historically-black sorority) labeled on them the day after AU’s first black female student
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
The First Amendment of the Constitution of the United States of America states, "Congress shall make no law respecting an established religion, or prohibiting the exercise thereof'; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This amendment, founded on the strong and open minds of the Founding Fathers, made certain that free speech be incorporated into America's free and democratic society.