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 …show more content…
The Fourteenth Amendment extended this citizen protection to state law by affirming, “no state shall…abridge the privileges or immunities of citizens of the United States” (US Const, Amend XIV,§1). While the Fourteenth Amendment’s extension of its protection to state law and the right to free speech are seemingly straightforward, they have proven difficult for courts of law to manage. Free speech has not been given a true legal definition and, as will be discussed in the following paragraph, is more accurately defined by its boundaries and limitations.
Courts have struggled for the past century to determine what speech is protected under the First Amendment. Rather than identifying every one of those rights, the Supreme Court ruled the types of speech that are considered unlawful. These include fighting words (which provoke violence), any speech that shows a clear and present danger to the government (such as terrorist threats), and perhaps most importantly hate speech (Langhauser). Hate speech is a slightly more controversial issue because of its overall loose definition. Hate speech is often defined as statements “offending any group based on race, gender, ethnicity, religion, or sexual orientation” (American Bar Association). However, many times courts have found that the simple utterance of hate speech is protected, while the
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.
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
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.
Notwithstanding Chris Cantwell’s speech, “Free Speech Week” must be permitted to proceed as UC Berkeley, a government institution, demonstrates a commitment to the First Amendment. While allowing this event may be considered by many displeasing, it is in line with both the campus’s designation as a limited public forum, and the ruling from Supreme Court case Lamb’s Chapel
Derek Bok argues that American dedication to democracy is embodied in the Frist Amendment and that the freedoms granted in this Amendment are the building blocks of dialogues that contribute to cohesive communities born out of differences. The problem, however, according to Bok, is the difficulty of balancing the protection of these freedoms on campuses and universities where reasoned expression of diverse ideas is encouraged. Bok offers the suggestion that rather than attempt to stifle expression by imposing penalties for what might be considered offensive speech, “speak with those who perform insensitive acts and try to help them understand the effects of their action on others” (69). While this suggestion might imply a reasoned and
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
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 First Amendment states “Congress shall make no law… abridging the freedom of speech.” The Fourteenth Amendment extends this rule to state governments as
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
While speaking about the University of Virginia, Thomas Jefferson once said, “This institution will be based on the illimitable freedom of the human mind. For here we are not afraid to follow truth wherever it may lead, nor to tolerate any error so long as reason is left free to combat it.” ( ) What Jefferson understood, along with the other founding fathers, is college is meant to be a forum for diverse ideas and challenging one’s preconceived beliefs. That’s why for many Americans, the First Amendment is the most important of all the rights guaranteed by the constitution. Moreover, it preserves our natural desire to express our thoughts and
In the historical year of 1787, the United States Constitution was signed. The very first amendment giving United States citizens freedom of speech. The founding fathers understood that free speech was the most important aspect of the country. They believed every citizen should be able to express his or her beliefs without fear of prosecution or punishment. Two hundred and thirty years later, in 2017, the most important constitutional right is being challenged by the so-called “College Left.” The challengers are Free Speech Zones. According to the Foundation for Individual Rights in Education (FIRE), Free Speech Zones force anyone with an opinion to fill out a form ten days in advance, wait for his or her opinion to be approved, then speak only in the Free Speech Zone. If a student dares say his or her opinion outside of the zone, if the college deems it “hateful,” he or she could be expelled. Free Speech Zones have done nothing to help the nation and have only hurt its people, causing political splits, brainwashing, and created even more tensions in the country; therefore, all of the Free Speech Zones that remain on campuses today must be removed.