Free Speech and the Educational Mission
Public colleges and universities are bound by the First Amendment. Their private counterparts are not (though a state might choose to apply the requirements of the First Amendment to them, as California has largely done). But if private universities choose to follow the First Amendment, they will make life a lot easier, and also a lot better, for faculty, administrators, and students alike.
One reason is that First Amendment principles make most cases easy.
The First Amendment does not protect plagiarism, sexual harassment, or true threats (“I will hurt you if I see you in the dining room again”). At the same time, the First Amendment protects a wide range of viewpoints, including those that many consider, or that just are, offensive, hurtful, insulting, or humiliating.
If someone on campus says, “Capitalism is racism,” or “Israel should never have been created,” or “Democrats are communists,” or “January 6, 2021 should be a national holiday,” or “Russia all the way,” or “Affirmative action is the worst form of race discrimination,” the First Amendment doesn’t allow regulation.
Still, there are plenty of hard cases. Many of the hardest arise when a college or university claims that restrictions are justified by its educational mission.
In some cases, such restrictions really can be so justified. A university can direct a history professor to teach history, not physics, in a history class. That’s a form of content discrimination, and it’s okay.
A university can deny tenure to a law professor whose published work consists entirely of science fiction. That’s also a form of content discrimination, and it’s also okay. A university can tell students that they have to write pa
Article from Latest
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.