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BLU EPR I N T FOR R EFOR M Free Speech on Campus Although I dispraise not the defence of just immunities, yet love my peace better, if that were all. Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties. John Milton, Areopagitica - A speech for the liberty of unlicensed printing to the Parliament of England. Why free speech is important the speech being silenced might be true—and we have no chance to hear it. Second, the speech may University students are America’s future leaders be mostly in error, but contain a seed of truth or an in business, science, politics, philanthropy, and important consideration that would further our education. It is essential that universities provide understanding of the debate as a whole. Third, even for them an environment where the pursuit of false speech has a purpose—it forces those who are truth and open inquiry are uninhibited. They right to comprehend and better articulate their must be exposed to differing ideas, engage in arguments, refined by the fire of vigorous and civil debate, and learn to appreciate America’s earnest debate. Finally, the challenges and tradition of respect for free expression and arguments that are part of free speech ensure that we peaceful dissent.1 The pursuit of truth requires hold our most important and self-evident truths that all spaces are open for conversation, that the more dearly. quest for knowledge is unbridled, and the path to truth is free from the hurdles of speech codes Free speech is threatened on and restrictive policies. campus In his moral and intellectual defense of free Over the last decade, the campus intellectual climate speech titled On Liberty, John Stuart Mill has deteriorated. Free speech issues are at the outlines four dangers of censoring speech. First, _____________________________ 1. To read more from the Martin Center about the importance of free expression, visit: https://www.jamesgmartin.center/tag/ free-speech/ 1 Blueprint for Reform forefront of campus politics, with threats to speakers.5 free speech increasing worldwide. Public universities and colleges are bound by first In some cases, universities have even encouraged amendment protections of free speech. And students to police each others’ speech via “bias many private institutions make bold response teams.”6 In some cases, professors have promises of unfettered free expression. been forced to retire over past speech.7 A 2018 survey at Pomona University showed that only Despite these obligations, many speech 35 percent of non-liberal students were restrictions persist at both public and private comfortable expressing their political opinions to universities, including: their professors and a mere 21 percent felt comfortable discussing among peers.8 o Harassment and bullying policies that use vague, arbitrary, and subjective standards to punish“offensive” or Recommendations “inappropriate” speech. o Limitations on the personal social media and online expression of staff and The Martin Center recommends that states or students.2 universities adopt policies that take the following o Language restrictions and guidelines that steps to protect freedom of speech and stifle expression (e.g. telling students to expression on campus. (They should also take avoid using gendered words such as steps to protect and promote viewpoint diversity, “mankind” or “founding-father").3 which are outlined in the Martin Center’s o Policies on tolerance, respect, and Blueprint for Reform: Viewpoint Diversity.) civility that restrict constitutionally- protected speech. Universities should: o Broad policies on “bias” and “hate speech” that are often strategically o Designate the entire campus as a “free enforced to punish constitutionally- speech zone;” protected political and religious o Protect the right of students, faculty, and opinions. staff to engage in lawful expression; o Ensure that any restrictions on the time, Sometimes, restrictions on speech come from place, and manner of expression are the students themselves. The Foundation for content-neutral; Individual Rights in Education (FIRE has o Protect students and student groups from documented 449 instances of speakers being disciplinary action because of their lawful disinvited from campus for holding views that expression, including belief-based some segment of the campus population found organizations; objectionable.4 And universities have routinely ________________________ allowed students to shout down unpopular 5.Kruth, Susan. (2014). “The ‘Year of the Heckler’: FIRE President ________________________ Greg Lukianoff’s Review,” Foundation for Individual Rights in Education. 2.Office for Inclusive Excellence, University of Utah. 6.FIRE (2017). “Bias Response Team Report 2017,” 3.The Writing Center, Gender Inclusive Language Guide, UNC- Foundation for Individual Rights in Education. Chapel Hill. 7.Rojas, R. (2019) "‘Show Us You Are Not Racist’: Students 4.FIRE (2020). “Disinvitation Database,”F oundation for Demand Answers After Dean’s Resignation," New York Times. Individual Rights in Education. 8."Perceptions of Speech and Campus Climate: 2018 Gallup Survey of Pomona Students and Faculty," 2018 Gallup Survey of Pomona Students and Faculty. 2 Blueprint for Reform o Institute disciplinary sanctions for anyone Policymakers should: under the jurisdiction of the institution who interferes with the free expression of o Designate all publicly accessible outdoor areas others; of campuses of public colleges and universities o Include information about students’ free as traditional public forums; speech rights and responsibilities in first- o Require the trustees of all public colleges and year student orientation programs; universities to adopt policies protecting free o Require that university administrators, expression (see above); staff, campus police, etc. understand their o Require public colleges and universities to duties regarding free expression on campus; report annually on free speech issues prior to o Incorporate questions about classroom free the legislature’s appropriations process; expression issues into students’ end-of- o Tie state funding of public universities to semester evaluations;9 actions safeguarding free expression, perhaps o Encourage faculty to add a section to through performance funding mechanisms. course syllabi encouraging free expression and constructive dialogue;10 o Allow alleged victims to bring a cause of Model Legislation action for violation of their free speech rights; Campus Free Expression Act12 (Foundation for o Adopt a statement in support of free Individual Rights in Education model expression11 (e.g. The Chicago Principles). legislation) Campus Free Speech Act13 (Goldwater Institute Model University Policy model legislation) Model Student Code of Conduct (The Forming Open and Robust University Minds Foundation for Individual Rights in Education) (FORUM) Act14 (American Legislative Exchange Council model legislation) OP 91.304: Policy on Free Speech and Assembly (Mississippi State University) Illinois New Voices Act (Student Press Law Center model legislation) _____________________________ _____________________________ 9.Larson, J., McNeilly, M, & Ryan, T.J. (2020). “Free 12.Versions of the Campus Free Expression Act have been Expression and Constructive Dialogue at UNC Chapel Hill,” adopted in Colorado, Florida, Missouri, South Dakota, Utah, Report. and Virginia. 10. Ibid. 13.Versions of the Campus Free Speech Act have been adopted 11. See the Martin Center’s Blueprint for Reform: in North Carolina, Georgia, Arizona, and Louisiana. Viewpoint Diversity for a list of statements in support of free 14.Versions of the FORUM Act have been adopted in Arkansas, expression. Iowa, Oklahoma, and Texas. 3 Blueprint for Reform Further Reading For More Information Campus Free Speech Guide - PEN America For supplemental data or additional research on this topic, please contact the Martin Center by FIRE’s Campus Disinvitation Database phone or email. You can reach us at 919-828-1400 or List of academic petitions, deplatforming, and [email protected]. open-letter campaigns To read more from the Martin Center about the FIRE’s Guide to Free Speech on Campus importance of viewpoint diversity, visit: First Amendment Voice: Four troubling facts https://www.jamesgmartin.center/tag/free-speech about freedom of speech on college campuses Alliance Defending Freedom: State Laws on About the Martin Center Student Free Speech – How Does Your State Measure Up? The James G. Martin Center for Academic Free Speech on Campus Audit Australia Renewal is a private nonprofit institute dedicated Ranking of UK Universities on Free Speech to improving higher education policy. Our mission is to renew and fulfill the promise of Establishment of a Higher Education higher education in North Carolina and across the Restructuring Regime in Response to country. COVID-19 - Dept of Higher Ed, UK. We advocate responsible governance, viewpoint diversity, academic quality, cost-effective education solutions, and innovative market-based reform. We do that by studying and reporting on critical issues in higher education and recommending policies that can create change— especially at the state and local level. 353 E. Six Forks Road Suite 200 Raleigh, NC 27609 919.828.1400 Fax: 919.828.7455 www.jamesgmartin.center 4 Blueprint for Reform