REPORT: Nearly half of public colleges restrict student speech

a reply to: Grimpachi

But a public school is a publically funded institution, and if there is enough rationale there for that to bar and govern religious expression under the 1st, then it ought to govern speech for the same reasons. In this case, speech restrictions ought to be out.

Now, for a private school ... it would be up to them same way religion is.

a reply to: ketsuko

Let me explain this another way.

The first limits the government reprisals for speech.

Government reprisal would be in the form of jail, court fines, etcetera.


A school can kick you off campus or expelled you for not following their rules. They don't have the authority to arrest you for your speech.

ST. GEORGE, Utah, September 17, 2015—Dixie State University’s 8,570 students have a special reason to celebrate Constitution Day today after their university agreed to settle a First Amendment lawsuit filed earlier this year by three students. The settlement—finalized today—is the seventh consecutive victory for the Foundation for Individual Rights in Education’s (FIRE’s) unprecedented and undefeated Stand Up For Speech Litigation Project.

As part of today’s settlement, Dixie State agreed to revise the campus policies targeted by the lawsuit to meet First Amendment standards. These include the university’s unconstitutional flyer approval process, posting policies, club event policies, and “free speech zone” policy. The university has also agreed to provide training to administrators about the campus’ new speech policies and pay $50,000 in damages and attorney’s fees.

Lawsui t Settlement Restores Free Speech Rights

Attorneys Robert Corn-Revere, Ronald London, and Lisa Zycherman of the law firm Davis Wright Tremaine represented Smith. OU’s settlement comes on the heels of settlements with the University of Hawaii System and Citrus College in December 2014. So far, colleges have settled four of the seven Stand Up For Speech lawsuits coordinated by FIRE for a total of $242,000 in fees and damages. The other three lawsuits are still being litigated. With this victory at OU, the project has successfully protected the free speech rights of over 135,000 students.

Students, FIRE Go Four-for-Four as Ohio U. Settles Speech Code Lawsuit

Any policy—such as a harassment policy, a protest and demonstration policy, or an IT acceptable use policy—can be a speech code if it prohibits protected speech or expression.

Colleges clamp down on free speech for a valid reason, but they are not the only ones who do this. Many of the larger companies have similar policies dealing with free speech. Typically they will limited free-speech to a specific time and place, and requires approval. The government does the same thing for organized demonstrations.

This issue came up the other day, when some UCLA students were flag stomping with megaphones which caught the attention of ex military, which escalated pretty quick.

During the Clinton administration, Fed Gov passed Violent Crime Control and Law Enforcement Act (1994) pretty much subverted 1st amendment rights, and states have their own laws on the books concerning hate crime laws, and the DOJ requires colleges to report that info for enforcement and prosecution at the federal level. Obama passed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (2009) which expanded the laws further.

There are no longer 1st amend rights for any talk of race, religion, ethnicity, nationality, gender, sexual orientation, gender identity, and disability. I have to admit I don't know the details of the laws, but have heard they are being abused in various ways and that include the PC movement who are quick to play the race card for *anything* you might say, falls into the hate crime category. Social Media is a breeding ground for these hate crimes, and I would be willing to bet you will see .gov cracking down on this in the future. These law pretty much gives protected class status to groups of people which gives the legal remedy for being offended. How messed up is that?

originally posted by: xuenchen
An organization called the Foundation for Individual Rights in Education has been watching the higher education standards concerning free speech deteriorate.

They have noticed an onslaught of no-free-speech amplify beyond comprehension.

The organization claims to have won several court cases involving speech suppression.

It seems many schools are even a little belligerent when it comes to actually "seeing" the policies that govern speech.

Looks like many big schools are running their own countries and disregarding the U.S. Constitution.

Since I live far away from homebase, can anyone tell me if the crazy preacher from the University of Arizona lawn area is still going at it?
Miss those days yelling at him to correct him about his bibiclal falacies.


REPORT: Nearly half of public colleges restrict student speech

An annual report on speech policies at major colleges and universities finds that while some progress was made toward lifting speech restrictions this year, much work remains to be done.

In the 2016 edition of “Spotlight on Speech Codes,” published annually since 2009, the Foundation for Individual Rights in Education (FIRE) gives a “red light” label—signifying at least one substantial speech restriction—to 49.3 percent of the 440 schools it reviewed, representing a slight improvement over last year, when 55 percent of schools received the failing grade.

In order to earn a red light rating, a school must have “at least one policy that both clearly and substantially restricts freedom of speech, or that bars public access to its speech-related policies by requiring a university login and password for access.” FIRE further specifies that a red light policy must be both “clear,” meaning its consequences do not depend on how it is applied or enforced, as well as “broadly applicable to campus expression.”

Who *DO* these people think they are anyway?

What are school policy makers so afraid of?

The "Fear-Factors" apply

At my public college in Hawaii we have an area where students can reserve a table and do events and such. One of the students group was previously offering out pamphlets that the university did not like since it was about the university and the employees there (I have forgotten what the actual hot topic was). When the students applied again for their table the university denied them saying that they were in breach of the T&C by approaching students to hand out the pamphlets, the students denied it and got other students to testify this on their behalf, they ended up getting an area where students don't walk by. The students officially wrote in to the university stating that it was retaliation. And now the students are suing the university stating that their free speech rights aren't being allowed.

originally posted by: Grimpachi
a reply to: DBCowboy

The constitution says congress (notice the bold I have bolded it several times for a reason) shall make no law.

I have also stated that college is not congress. They are a public entity sort of like public utility. You can't go into a public utility and blab whatever you want, you would be removed. Colleges can make rules as well as high schools.

So, if the state commandeers a utility or commodity, they can remove anyone who objects?