Speech On Freedom Of Speech

In order to uphold the integrity of our democracy, constitution and higher education standards, there must be an effort to preserve free speech on college campuses. However, in equal measure as illustrated in the First Amendment, students should also be protected from hate speech and provided an equal chance of receiving a safe education. Perhaps it is beneficial to also consider however, that a ‘safe’ education should not be misinterpreted as an entirely un-offensive one. In order to assist in the political discussion and recommended courses of action regarding free speech on college campus, political philosophers’ John Stuart Mill and John Rawls texts’ will be referred to and analyzed in this essay.

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

“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.

Harvey A. Silvergate stated in his article, “Muzziling Free Speech”, that “Our entire Country is a free speech zone, and that our campuses of higher education, of all places, cannot be an exception.” Free speech, in the form of hate speech, should be not regulated on American college campuses. Should hate speech be discouraged? Of course! However, developing policies that limit hate speech runs the risk of limiting an individual’s ability to exercise free speech. The University of California System’s response to banning hate speech, speech codes in universities, law cases Doe v. University of Michigan and Sigma Chi Fraternity v George Mason University, and the view points of law professor Greg Margarian, proves why we should protect hate speech, even though it may seem wrong.

In the past couple of decades till now, there have been countless numbers of hate speech cases on college campuses across the country. Due to hate speech taking on many forms such as written, spoken, and symbolic, the number of incidents have skyrocketed. While many colleges have attempted to regulate hate speech on campus, other colleges have found that they have limited too much speech and that their regulations are starting to go against the first amendment. Three incidents of hate speech on college campuses in the years 1993-1995 occurred in the college campuses of Penn, UCR, and Caltech respectively.

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)

The Federal Government should restrict hate speech on all college campuses. This is due to a variety of reasons. Under the first point of analysis, one can observe that hate speech codes have a tendency to foster a more tolerant environment by teaching a difference between right and wrong (Sommers 1). Often times, college students do not realize the impact that their words may have on others (2). The problem is rarely identified in primary and secondary schools, and it worsens as the students approach the college level (1).

Many people come to the United States looking for freedom and liberty and where their essential rights are protected under the Constitution. However, freedom should not be taken for granted as for every rule there may be limits. The First Amendment of the United States’ Constitution states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances” (Corwin 48). In other words, the First Amendment granted freedom of religion, speech, press, peaceful assembly, and petition. The First Amendment is clear enough for anyone to comprehend and process easily; however, people sometimes misunderstand their rights by doing what their First Amendment right does not protect, especially when it comes to freedom of speech. Seven of the most important law cases in the United States’ history are what shaped the American’s society and allowed people to hopefully know and recognize their limits and restrictions when it comes to their speech whether it was a literal speech or a symbolic speech.

The First Amendment protects any person’s freedom of speech from Congress, state government and local public officials. However, this does not allow individuals to be free in saying anything that they want to say. One example of speech that is not protected by the First Amendment are crimes involving speech. If a form of speech is used to commit a crime such as perjury, harassment or extortion, it will not be provided protection by the First Amendment. Another example is Conduct Regulations. Our government has the right to make laws in regards to the specific conduct used in the speech such as stating when, where and how the speech can be provided. These regulations can be upheld by courts as long as they considered content-neutral and are not constraining the expression of ideas. For example, they are allowed to limit the size of collateral used for speech and are also able to limit the level of sound in speech that can be heard at distinct times.

The University of North Carolina at Chapel Hill opened in 1795 as the first public college in the United States. Since then, free speech and the formation of independent ideas and opinions have been seen as integral parts of a student’s educational experience. Unfortunately, through the categorization of public college campuses as designated public forums and the implementation of restrictive student conduct codes and debilitating free speech zones, universities are denying students the expression they deserve. While these policies were originally created to protect students, they are now leading to a rising number of student tensions, lawsuits, and constitutional arguments. Every university is unique in its ability to define campus

In his essay, “The Campus: An Island of Repression in a Sea of Freedom”, Chester Finn details the growing movement for political correctness at the collegiate level. He quotes the regents of Massachusetts, “There must be unity and cohesion in the diversity which we seek to achieve, thereby creating an atmosphere of pluralism” (Finn 58). However, that pluralism does not parallel the First Amendment. In this situation, the issue is not freedom of expression, but the steps taken to limit it. An article written by Maegan Vazquez for Fox News details a stipulation to the speech code at Indiana University Southeast. The code states that students are restricted to expressing their opinions in “free speech” zones. However, Robert Shibley, Senior Vice President for the Foundation for Individual Rights in Education, fires back “It's not just Indiana University Southeast. Colorado College, in Colorado Springs, prohibits ‘any act of ridicule...or embarrassment,’ and Northeastern University, in Boston, prohibits the use of university computer resources to transmit or make accessible material, which in the sole judgment of the University is offensive." He sums up the damage that this situation is causing with his final statement. “You're teaching [college students] that they're not equipped to live in a free society” (Vazquez). Therefore, those parents who worry about the indoctrination of their college-age children are justified in that fear as this problem is widespread and

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.

One of the most valued amendments written in the U.S. Constitution is the First Amendment, which guarantees Americans freedom of speech. Individuals view the restriction of this right to be “unamerican”. Unfortunately, over the years colleges and universities have experienced an increase of hate speech. Victims of this type of crime may suffer from emotional and psychological distress. Due to this, restrictions have been placed on the ability to speak freely (Garrett). An ongoing debate has been placed in the hands of many people regarding whether Americans should be entitled to speak in an expressive way or if schools should focus on the safety of their students (Darden). Colleges should restrict hateful speech on campus regardless of

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 founders of the United States government tried to protect our liberty by assuring a free press, to gather and publish information without being under control or power of another, in the First Amendment to the Constitution. We are not very protected by this guarantee, so we concern ourselves on account of special interest groups that are fighting to change the freedom of expression, the right to freely represent individual thoughts, feeling and views, in order to protect their families as well as others. These groups, religious or otherwise, believe that publishing unorthodox material is an abuse of free expression under the First Amendment. As we know, the Supreme Court plays an important role in the subject of free speech and