For the most part, freedom of speech is permitted at college campuses. Many colleges, especially secular schools, allow students and faculty to say pretty much whatever they want on campus. There are certain derogatory or hatred-based terms and phrases that may get a student kicked out if using such phrases persists or a faculty member fired if any use occurs. This is similar to how other organizations and businesses work, with colleges tending to more lenient than most organizations and businesses. Nevertheless, there are certain restrictions on the freedom of speech that are stricter than the freedom of speech rights that are guaranteed under the 1st Amendment.
As our culture and society evolves, our colleges face specific issues about what sorts of speech are tolerable on campus or even made on social media. After the terrorist attack of September 11th, a number of colleges reprimanded students and faculty for speaking out against U.S. foreign policy and war in general (Bird and Brandt 442). This is problematic because it seems to suggest a sort of censorship that is allowable, not only in states of emergency, but in the aftermath of dramatic events. The reaction to September 11th seems to have diminished freedom of speech to some degree on college campuses in general.
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In Hazelwood School District v. Kuhlmeier, the Supreme Court ruled that public schools, both colleges and high schools, could significantly impose restrictions on the content of student speech (Martin 176). Such restrictions include reasonable measures to restrict student speech for pedagogical reasons, limiting the use of incendiary language in non-free-speech zones, and any speech that may cause disruptions on campus or in classrooms (Martin 174). The restrictions on faculty speech are even more rigorous and extended than those on students (Martin 179). This largely results from the fact that college is viewed more from a business perspective as it concerns faculty and the faculty members are viewed strictly as employees who must conform, at least partially, to the standards and missions of the colleges. This suggests that school officials do have the right to restrict many types of speech on campuses, but it does not follow that all or even most schools will restrict speech as deeply as they can.
Even though Hazelwood gives colleges some bases for restricting freedom of speech, the more general trend of the Supreme Court and college campuses all around the country is one that is very lenient in what students can say on campus (Langhauser 481). In fact, most colleges in the country have some area that is designated for free and largely unrestricted speech (Langhauser 487). A study of campuses across the country showed that many had very few policies restricting comments made by students on campus or over the internet that were not patently disruptive, threatening in nature, or obstructive to instruction (Langhauser 486). It seems, then, that freedom of speech is well preserved in college campuses across the country, in public schools at least.
Compared to other organizations and businesses, public colleges seem to have few restrictions to speech outside of the same restrictions of criminal law. In fact, research suggests that college campuses in general are quite unrestrictive in their policies concerning speech on campus. The obvious exceptions include speech that disrupts pedagogical motives, speech that may be incendiary, and speech that is clearly discriminatory in nature. As far as non-incendiary and non-discriminatory speech, it seems that colleges do not mind it as long as it is not disruptive. In general, then, freedom of speech is alive and well on college campuses across the nation.
- Bird, R. Kenton, and Elizabeth Barker Brandt. “Academic freedom and 9/11: How the war on terrorism threatens free speech on campus.” Communication Law & Policy 7.4 (2002): 431-459.
- Langhauser, Derek P. “Free and Regulated Speech on Campus: Using Forum Analysis for Assessing Facility Use, Speech Zones, and Related Expressive Activity.” JC & UL 31 (2004): 481-507.
- Martin, Karyl Roberts. “Demoted to High School: Are College Students’ Free Speech Rights the Same as Those of High School Students.” BCL Rev. 45 (2003): 173-204.
