• [ network ]
  • goatmatrix.net
  • gvid.tv
  • img.gvid.tv
  • games.gvid.tv
  • apps.gvid.tv
HomeUploadUpload URLHotlinkRandomAbouttheme toggle
Expand

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

Views:1102
@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
    918 views
    Thumbnail for Oh she will learn0:08
    Oh she will learn
    bestofvoatxyz
    916 views
    Thumbnail for The fire brigade return to Chaumont. | Escape to rural France7:58
    The fire brigade return to Chaumont. | Escape to rural France
    invidious
    143 views
    Thumbnail for Total fag CIA agent (former FBI) explains to undercover reporter how they fuck with people.7:48
    Total fag CIA agent (former FBI) explains to undercover reporter how they fuck with people.
    bestofupgoat
    485 views
    Thumbnail for Italian court rules COVID vaccine mandate unconstitutional, cites ‘fatal side effects’4:37
    Italian court rules COVID vaccine mandate unconstitutional, cites ‘fatal side effects’
    bestofvoatxyz
    824 views
    Thumbnail for Diwali Get-Together In California l Dr. Pal's Review | Dr Pal0:59
    Diwali Get-Together In California l Dr. Pal's Review | Dr Pal
    invidious
    234 views
    Thumbnail for We All Poop Here0:14
    We All Poop Here
    bestofvoatxyz
    875 views
    Thumbnail for The way it took him so long 😭 | Sam & Jess0:52
    The way it took him so long 😭 | Sam & Jess
    invidious
    306 views
    Thumbnail for The Next Pandemic Will Be Caused by the National Debt. It Will Crater the Economy.6:58
    The Next Pandemic Will Be Caused by the National Debt. It Will Crater the Economy.
    ReasonVids
    1005 views
    Thumbnail for Deez motherfuckers be drinkin' all dey and all nite0:57
    Deez motherfuckers be drinkin' all dey and all nite
    bestofvoatxyz
    618 views
    Thumbnail for Completing the most painful dares in GTA 5 | GrayStillPlays18:08
    Completing the most painful dares in GTA 5 | GrayStillPlays
    invidious
    425 views
    Thumbnail for In the shithole county of Canada, a man who burned a woman to death for no reason is found not criminally responsible. 1:18
    In the shithole county of Canada, a man who burned a woman to death for no reason is found not criminally responsible.
    bestofupgoat
    384 views
    Thumbnail for You Get What You Fucking Deserve0:16
    You Get What You Fucking Deserve
    AOU
    1958 views
    Thumbnail for lol Pajeets0:23
    lol Pajeets
    AOUisgay
    637 views
    Thumbnail for Woman With a Car vs. Washington D.C.'s Taxi Cartel4:44
    Woman With a Car vs. Washington D.C.'s Taxi Cartel
    ReasonVids
    1150 views
    Thumbnail for The Scythians | Steven Hager10:24
    The Scythians | Steven Hager
    invidious
    435 views
    Thumbnail for Watch California Cops Steal Every Penny from an Innocent Family3:57
    Watch California Cops Steal Every Penny from an Innocent Family
    IJvids
    1089 views
    Thumbnail for When in Rome0:56
    When in Rome
    bestofupgoat
    354 views
    Thumbnail for Rammstein - Ohne Dich Lyrics | Pixietron5:32
    Rammstein - Ohne Dich Lyrics | Pixietron
    invidious
    467 views
    Thumbnail for Beats niggerball any day.0:07
    Beats niggerball any day.
    AOUisgay
    535 views
    Thumbnail for PIC Simulation - A 2D plasma sheath formation | Julien Langlois4:03
    PIC Simulation - A 2D plasma sheath formation | Julien Langlois
    invidious
    404 views
    Thumbnail for Passed away 20th September 20230:23
    Passed away 20th September 2023
    AOUisgay
    552 views
    Thumbnail for Button Up For A Chillingly Delicious Mango Drink!🥭 #shorts #coraline #mangosmoothie #universal | cookingWITHfred0:28
    Button Up For A Chillingly Delicious Mango Drink!🥭 #shorts #coraline #mangosmoothie #universal | cookingWITHfred
    invidious
    251 views
    Thumbnail for Wait a Minute!0:15
    Wait a Minute!
    bestofupgoat
    110 views
    Thumbnail for Campaign for Liberty's Norm Singleton on Obamacare, Auditing the Fed, and the Libertarian Moment9:43
    Campaign for Liberty's Norm Singleton on Obamacare, Auditing the Fed, and the Libertarian Moment
    ReasonVids
    1084 views

points

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