Infringement Upon the Right of Free Speech
One of the most notable rights stated in our constitution is the right to free speech. That right is engrained in the minds of every American since the creation of America itself, but currently the right to free speech is being tossed aside in the fear of conflict with opposing ideas or offensive content. College universities specifically have taken steps to impede upon this right through speech codes and other acts that restrict the right to speak freely. American’s growing infringement upon the right of free speech in universities is creating a threat to American culture and the principles that it was founded upon; In order for our citizens to withhold their individuality, opinions, and culture free speech must be actively protected.
A speech code is any regulation that bans speech beyond the strict legal limitations of free speech. Universities across America have placed speech codes and restriction upon their students that are intended to protect students from offensive content or offensive opinions but these restrictions often interfere with the first amendment. According to survey done by the Foundation for Individual Rights in Education forty nine percent of all colleges in the U.S. utilize speech codes. Colleges in America use these speech codes as a part of their student conduct rules and regulations, breaking a speech code can result in serious discipline. An example of a speech code placed upon college students
Erwin Chemerinsky describes the main opposing views on this issue in his book Free Speech on Campus, “One derides all efforts to protect students from the effects of offensive or disrespectful speech as “coddling” and “politically correctness.” The other side
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.
“Free speech” often has negative connotations because the negative outcomes are publicized more than the positive outcomes. ‘Free Speech’ is a time for individuals to express their beliefs and topic on an important issue. People chose to present themselves in a vast majority of ways such as, holding signs, making t-shirts, shouting, etc. People who chose to present themselves in disrupting ways such as, foul language, inappropriate attire are more likely to be noticed than another student that is holding a simple and respectful sign. Schmidt states, “Universities cannot censor or suppress speech, no matter how obnoxious in content, without violating their justification of existence” (2). There is no definition of what type of ‘free speech’ should be censored and not allowed. With that said, there should not be a limit on ‘free speech’
“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
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.
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.
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.
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 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
Our most basic right, the freedom of speech, is being threatened. Nat Hentoff’s “Speech Codes on Campus” clearly explains the situation unfolding on college campuses and elsewhere across the United States. A speech code is defined as a limitation on specific words that might be found offensive to anyone. This limitation can create some major problems elsewhere that can be overlooked. Some might even argue that speech codes offend the very people that it is trying to protect.
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)
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
Freedom of speech is more than just the right to say what one pleases. Freedom of speech is the right to voice your opinion on certain topics or dilemmas around you. This basic right given to us in the First Amendment is being challenged by colleges who encourage “freedom of speech” with certain restrictions.