The Hidden Speech Codes in Colleges In the article “Speech Codes: Alive and Well at Colleges” by Harvey A. Silverglate and Greg Lukianoff the authors talk about how speech codes are still used in universities but not called speech codes. Silverglate goes on to speak how speech is restricted by way of creating “speech zones” and policies that are “artfully written” to conceal their intentions to limit public speaking. I found myself asking why we need to defend ourselves from expressing our viewpoints even if they are constitutionally protected by the first amendment. FIRE, The Foundation for Individual Rights in Education, fights for students and faculty that are censored for their views in college campuses. FIRE defines a speech code as
“Congress shall make no law…abridging the freedom of speech.” (Jacobus 93). Just like the Freedom of Religion there are limitations placed on the Freedom of Speech so that other people’s rights aren’t compromised. For example, people are not allowed to present true threats, or “fighting words” to another person. This restriction was put into play in the court case of Chaplinsky vs. New Hampshire. The Court ruled that “fighting words, by their very utterance inflict injury or tend to incite an immediate breach of the peace and may be punished consistent with the First Amendment.” (Ruane 3-4). In this case if someone was to use “fighting words” which is their perceived freedom of speech, it would not only violate the law, it could violate someone’s freedom of pursue life, liberty, and happiness. With this, we can see that freedom is not always as it
Over time the Supreme Court has decided that certain aspects of freedom of speech are more important than others. For example, if someone used their First Amendment rights to lie about things they knew were false, threatened to commit a crime, insult another person, or used overly explicit content, the courts have moral grounds to prosecute those persons. It makes sense that if someone’s freedom of speech lessened another person’s right to freedom of religion or freedom of opinion by instilling fear, that is an unfair use of the First Amendment. These parameters, although not specifically outlined in the Bill of Rights are very important to protect everyone’s right to feel safe believing the things that they do.
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
The First Amendment, in substance, does not provide absolute protection for all forms of speech, press, assembly, petition and association. It is not absolute. As a balance for interest of speech against competing government interest, an evolution of balancing tests were created and modified by the Supreme Court hence the Free Speech Clause.
To begin, the very first amendment to the United States Constitution grants citizens with the freedom of speech. The freedom of speech is generally the right to express your own opinion without restrictions. This typically includes the right not to speak if you do not want to, the right to advertise goods, products, and services, and even the right to use certain derogatory words and/or phrases to transfer political beliefs. However, citizens often get confused about what is actually granted within the right and what is not. For example, if you are in a public place with a good
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.
Throughout the years, the first amendment of the United States constitution has protected the right of freedom of speech,giving our community the privilege of express our thoughts without fear of being punished. The United States first amendment gives the people the privilege to express their thoughts without fear of punishment. The first amendments has brought a massive controversy in the society and between countries. Freedom of speech gives the people liberty, but in some instances should be limited because individuals have used it as an excuse to freely discriminate races, religions and others sexual orientation; however, it should not be limited in certain cases like people protesting for their rights in a positive way, without prejudice
The First Amendment of the constitution is the most significant political statement in the history of the United States. The ability to speak freely is a value that is cherished by most American citizens. In many countries around the world, people are sent to prison, or even executed, for expressing opinions not shared by the government. In the United States, any government official, no matter how powerful, must abide by the opinions of the people, even when those opinions are brutal, or even unfair. Free speech is probably the best known and most revered of our constitutional rights in the U.S., but it not always easy to define what exactly is speech. As humans, we have many ways of expressing our thoughts, opinions, and beliefs. Especially, since we are part of an innovative society that is constantly evolving.
The United States Constitution grants American citizens the freedom of speech. This single line in the First Amendment has been a staple of American culture since its ratification on December 15, 1791 (Constitution Center, 2018). The Founders recognized the significance of this freedom and the power it had to shape a young nation. It was George Washington who declared-“If freedom of speech is taken away, then dumb and silent we may be led, like sheep to the slaughter” (Global Research, 2016). The legal definition of this vision is “the right to express information, ideas, and opinions- free of government restrictions based on content and subject only to reasonable limitations” (Merriam-Webster Dictionary, 2018). Consequently, this sole clause
The United States Constitution grants American citizens the freedom of speech. This single line in the First Amendment has been a staple of American culture since its ratification on December 15, 1791 (Constitution Center, 2018). The Founders recognized the significance of this freedom and the power it had to shape a young nation. It was George Washington who declared-“If freedom of speech is taken away, then dumb and silent we may be led, like sheep to the slaughter” (Global Research, 2016). The legal definition of this vision is “the right to express information, ideas, and opinions- free of government restrictions based on content and subject only to reasonable limitations” (Merriam-Webster Dictionary). This sole clause has been the subject
The most important story to me was “Speech Codes: Alive and Well at Colleges”. I believe that everyone should exercise their first amendment rights how ever that want, other than violence. One should exercise their first amendment rights, wherever they want in the area, as long as they ask permission first. In the story “Speech Codes: Alive and Well at Colleges” stated that students can protest, but it has to be in a remote location at the school (speech zones).
The First Amendment declares free speech to all types of speech by all of its people. The issue arises in a college setting where “hate speech” does not fall under free speech and is therefore enforced with speech codes. The biggest controversy is determining what is considered hate speech and what is not. So when did it become the governments job to determine a student’s acceptance or disapproval of another individual(s) train of thought? Implying speech codes on a college campus only poses a threat to ones own freedom of expression and thought. Free speech in the form of hate speech should not be regulated on a college campus because it is often times understood differently by others, it also challenges our freedom of assertion and although
Everyone ultimately in America does have the right to say what comes to mind, according to the First Amendment in the United States Constitution. But does freedom of speech fit into place if the words being used are harassment, slander, and fighting words towards someone or something? Speech codes can help regulate, restrict, or even ban speech that goes beyond your average freedom of speech.