HomeUploadUpload DirectHotlinkRandomAbouttheme toggle
Expand

The Ten Rules of Free Speech and College Students: Free Speech Rules (Episode 7)

Views:1029
@ReasonVids

Free Speech Rules: The Ten Rules of Free Speech and College Students

Lots of recent free speech debates have come up at colleges. Here are ten rules for how the freedom of speech applies to college students.

  1. Students at public colleges may not be disciplined for their speech. (unless it falls into the narrow First Amendment exceptions such as  true threats of criminal attack, or face-to-face personal insults that are likely to start a fight). That's true even if the speech is seen as evil or offensive, whether racist, sexist, religiously bigoted, unpatriotic, supportive of crime, or whatever else. For instance, in Iota Xi v. George Mason University, a federal appeals court held that public university students can't be disciplined for putting on an "ugly woman" skit at a fraternity event, in which one of the students was in blackface.

  1. A public college can't limit broadly available benefits based on a group's viewpoint. It can't, for instance, deny bulletin board space to groups that spread religious views, anti-homosexuality views, racially offensive parodies, or any other views.

  1. This is also true for student-run newspapers, unless the college so controls the newspaper that it's viewed as being partly the university's own speech.

  1. Inside the classroom, though, the professor is in charge. Professors may orchestrate class discussions in a way that they think brings out important ideas and facts, and promotes student participation. That means they can cut off students who speak off topic, or who insult their classmates. Professors can also ask students to make the best argument for a particular viewpoint, and tell students that certain views—say, that the Earth is 6000 years old—are wrong. We expect professors to be broad-minded on many issues, and not unduly block student opinions just because they disagree with those opinions. But the First Amendment doesn't give students a right to speak in the classroom when the professor cuts them off.

  1. Grading of student exams and papers likewise can't be content-neutral, or even viewpoint-neutral. Professors shouldn't grade down students based on mere ideological disagreement, and colleges may forbid outright political discrimination by professors. But grading student work inevitably requires a judgment about the quality of that work. And in many disciplines that will be a subjective judgment, based on more than just objectively determinable facts.

  1. Colleges and college departments can express their own views—or can foster a selected set of views—without giving equal time to others. If a history department puts on a conference, for instance, it can choose the panelists based on their viewpoints, even if that means excluding some viewpoints and preferring others.

  1. People have no First Amendment right to shout down speakers, whether the speaker is a guest speaker in a class, or a speaker invited by a student group. Most speeches at colleges let listeners ask questions, including critical ones, during a Q&A at the end; and there's usually ample room to leaflet or protest on sidewalks outside the building. But it's perfectly constitutional to have content-neutral rules banning interruptions when a speaker has the floor, and that give invited speakers the opportunity to speak without sharing that opportunity with students or others.

  1. A public college has no First Amendment obligation to protect speakers against shouting down, or even against violence. But it would violate the First Amendment for the college to selectively refuse to protect speakers who express some views, while protecting others.

  1. Content-neutral fees and restrictions are likely constitutional, but a public college probably violates student groups' First Amendment rights when it charges high security fees for invited speakers who express controversial views.

  1. All this, of course, applies only to public colleges, because the First Amendment only applies to the federal, state, and local governments, not to private organizations (even private nonprofits that get tax exemptions and government subsidies). But many colleges voluntarily promise to uphold student free speech rights, as part of the college's commitment to academic freedom—and as a way of attracting students and donors. And in California, a state statute applies some First Amendment rules to private colleges as well as public ones.

Written by Eugene Volokh, who is a First Amendment law professor at UCLA.
Produced and edited by Austin Bragg, who is not.

This is the seventh episode of Free Speech Rules, a video series on free speech and the law. Volokh is the co-founder of The Volokh Conspiracy, a blog hosted at Reason.com.

This is not legal advice.
If this were legal advice, it would be followed by a bill.
Please use responsibly.

—–

Music: "Lobby Time," by Kevin MacLeod (Incompetech.com)
Licensed under Creative Commons: By Attribution 3.0 License
http://creativecommons.org/licenses/by/3.0/

libertarian
,
reason magazine
,
reason.com
,
reason.tv
,
reasontv
    Thumbnail for Stossel: Is Bitcoin Better Money?4:58
    Stossel: Is Bitcoin Better Money?
    ReasonVids
    848 views
    Thumbnail for Jim Cramer admitting to how he manipulated the short selling market back in 2006. This needs to be seen by all!10:42
    Jim Cramer admitting to how he manipulated the short selling market back in 2006. This needs to be seen by all!
    bestofnab
    2115 views
    Thumbnail for nikki haley is a strong, beautiful jewish street-shitter - all upper-caste indians are jews, including vivek0:34
    nikki haley is a strong, beautiful jewish street-shitter - all upper-caste indians are jews, including vivek
    AOUisgay
    465 views
    Thumbnail for Should We Abolish the Sex Offender Registry? A Debate.1:15:34
    Should We Abolish the Sex Offender Registry? A Debate.
    ReasonVids
    743 views
    Thumbnail for Big jiggle girl0:59
    Big jiggle girl
    AmericanMuskrat
    152 views
    Thumbnail for The Museum of the Great Madness6:51
    The Museum of the Great Madness
    AmericanRenaissance
    1571 views
    Thumbnail for Wake the F*ck Up! - A Rebuttal (NSFW!)1:23
    Wake the F*ck Up! - A Rebuttal (NSFW!)
    ReasonVids
    1004 views
    Thumbnail for Is this satire or is this an actual person?0:56
    Is this satire or is this an actual person?
    bestofupgoat
    524 views
    Thumbnail for Russ Roberts: Why Keynesians Always Get it Wrong (and Most Economists Too)6:09
    Russ Roberts: Why Keynesians Always Get it Wrong (and Most Economists Too)
    ReasonVids
    955 views
    Thumbnail for Who Let The Jews Out / Passover | wholetthejewsout1:20
    Who Let The Jews Out / Passover | wholetthejewsout
    invidious
    352 views
    Thumbnail for 🔴 REAL MADRID VS ATLETICO MADIRD PARTIDO EN VIVO / LIGA ESPAÑOLA | VERDOLAGA TV5:18:46
    🔴 REAL MADRID VS ATLETICO MADIRD PARTIDO EN VIVO / LIGA ESPAÑOLA | VERDOLAGA TV
    invidious
    197 views
    Thumbnail for A Man And His Dog Together Forever #funfact | Doug Sharpe0:42
    A Man And His Dog Together Forever #funfact | Doug Sharpe
    invidious
    50 views
    Thumbnail for Iron born!0:36
    Iron born!
    publicfreakouts
    2981 views
    Thumbnail for The Complicated Truth About the Boogaloo Movement11:42
    The Complicated Truth About the Boogaloo Movement
    ReasonVids
    999 views
    Thumbnail for IJ's Jeanette Petersen Explains Three Reasons You Can't Get a Cab1:40
    IJ's Jeanette Petersen Explains Three Reasons You Can't Get a Cab
    IJvids
    889 views
    Thumbnail for FEE's Lawrence W. Reed5:29
    FEE's Lawrence W. Reed
    ReasonVids
    852 views
    Thumbnail for Timmy is based 0:58
    Timmy is based
    bestofupgoat
    586 views
    Thumbnail for "Refugee" Invasion is European Suicide10:02
    "Refugee" Invasion is European Suicide
    AmericanRenaissance
    1711 views
    Thumbnail for Brooks goal not enough against ten-man Seagulls | AFC Bournemouth 1-2 Brighton2:02
    Brooks goal not enough against ten-man Seagulls | AFC Bournemouth 1-2 Brighton
    invidious
    137 views
    Thumbnail for Global Warming Scam Explained by Scientist — He schools CNN announcer — It's just money & fairytales2:18
    Global Warming Scam Explained by Scientist — He schools CNN announcer — It's just money & fairytales
    bestofsaidit
    906 views
    Thumbnail for Top 10 GREATEST MEN Of All Time! Is It Right? #shorts #men #great #history #top10 #guessinggame | Makeshift Project0:59
    Top 10 GREATEST MEN Of All Time! Is It Right? #shorts #men #great #history #top10 #guessinggame | Makeshift Project
    invidious
    159 views
    Thumbnail for Inside the Mises Caucus Takeover of the Libertarian Party30:43
    Inside the Mises Caucus Takeover of the Libertarian Party
    ReasonVids
    1165 views
    Thumbnail for Joe Biden’s Endless River of Debt and Regulation3:37
    Joe Biden’s Endless River of Debt and Regulation
    ReasonVids
    973 views
    Thumbnail for Taylor Proves Helen Keller Was A (Jewish) Fraud14:48
    Taylor Proves Helen Keller Was A (Jewish) Fraud
    AOU
    1618 views

points

Permalink
Reply
libertarian
,
reason magazine
,
reason.com
,
reason.tv
,
reasontv
TOS  •  Add Keywords  •  Donate  •   Analytics  •   DMCA  •   Puzzle