• [ 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:1200
@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
    Movie Night
    Thumbnail for Stossel: Is Bitcoin Better Money?4:58
    Stossel: Is Bitcoin Better Money?
    ReasonVids
    1036 views
    Thumbnail for If We Do Nothing: President Obama on Ferguson6:47
    If We Do Nothing: President Obama on Ferguson
    AmericanRenaissance
    1084 views
    Thumbnail for Small deer takes on a 1.7-ton rhino at the Wroclaw Zoo in Poland0:27
    Small deer takes on a 1.7-ton rhino at the Wroclaw Zoo in Poland
    bestofupgoat
    81 views
    Thumbnail for Patriot Front - United We Stand (Full Album) (2021)39:07
    Patriot Front - United We Stand (Full Album) (2021)
    SmashTheJourgeoisie
    1050 views
    Thumbnail for Rugrats Go Wild1:00:26
    Rugrats Go Wild
    mattknezz888
    275 views
    Thumbnail for  Police Officer Makes Hilarious Video Mocking NBA Star LeBron James.0:57
    Police Officer Makes Hilarious Video Mocking NBA Star LeBron James.
    AOU
    1895 views
    Thumbnail for 🐍 The Ultimate Redpill on Jewish Genociders1:00
    🐍 The Ultimate Redpill on Jewish Genociders
    moviegoats
    892 views
    Thumbnail for DSP's E3 Coverage in a NUTShell: EA Whining11:11
    DSP's E3 Coverage in a NUTShell: EA Whining
    memology101
    1680 views
    Thumbnail for How They Kill Each Other in Chicago12:33
    How They Kill Each Other in Chicago
    AmericanRenaissance
    2189 views
    Thumbnail for Guys Literally Only Want One Thing0:14
    Guys Literally Only Want One Thing
    bestofvoatxyz
    788 views
    Thumbnail for Video of Arkansas grocery store shooter. 14 shot.  No gore.0:13
    Video of Arkansas grocery store shooter. 14 shot. No gore.
    bestofupgoat
    388 views
    Thumbnail for Easy things you can do to help with the border crisis0:38
    Easy things you can do to help with the border crisis
    bestofupgoat
    571 views
    Thumbnail for Schizophrenic New World Order Slaughter House16:08
    Schizophrenic New World Order Slaughter House
    bestofsaidit
    1099 views
    Thumbnail for Meet the Kids Going to Prison in South Carolina | HATE THY NEIGHBOR | VICE TV7:31
    Meet the Kids Going to Prison in South Carolina | HATE THY NEIGHBOR | VICE TV
    Invidious9
    490 views
    Thumbnail for When you complete "world hardest jump" on 3 attemps | Oikkelson0:36
    When you complete "world hardest jump" on 3 attemps | Oikkelson
    invidious1
    313 views
    Thumbnail for Chen's Amazing Horse (1080p) | Primantiss0:53
    Chen's Amazing Horse (1080p) | Primantiss
    invidious1
    410 views
    Thumbnail for Human fossil gets strings pulled LIVE for the whole world to see...this is DISTURBING | Memology 1011:00
    Human fossil gets strings pulled LIVE for the whole world to see...this is DISTURBING | Memology 101
    invidious1
    398 views
    Thumbnail for Muh we care about you goyim go get zee jabbernancinated 0:57
    Muh we care about you goyim go get zee jabbernancinated
    bestofupgoat
    246 views
    Thumbnail for One Lifetime (feat. Sebastian Reyman)4:07
    One Lifetime (feat. Sebastian Reyman)
    Darude.topic
    181 views
    Thumbnail for My Streets My Eats: Free Chicago's Mobile Vendors from Anti Competitive Laws3:05
    My Streets My Eats: Free Chicago's Mobile Vendors from Anti Competitive Laws
    IJvids
    1200 views
    Thumbnail for Mobile Vendors in El Paso Texas Can't Operate Within 1,000 Feet of Brick-and-Mortar Competitors2:13
    Mobile Vendors in El Paso Texas Can't Operate Within 1,000 Feet of Brick-and-Mortar Competitors
    IJvids
    1247 views
    Thumbnail for Forced to do stupid quests - Fishing | Viva La Dirt League3:01
    Forced to do stupid quests - Fishing | Viva La Dirt League
    invidious1
    415 views

points

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