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The importance of free speech in universities
1st amendment
The importance of free speech in universities
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Factors that hold relevance to speech on public college campuses include whether the speech takes place on the campus itself, what specifically is being spoken or demonstrated, is the speech directed to someone or a group specifically or is the speech broad, at what point has the speech turned to action, is the speech considered hate speech, violent, disruptive, or threatening to any reasonable individuals’ ideals? These are just a few factors which must be asked when dealing with speech on public college campuses.
For instance: suppose an individual is on the University of Arizona’s campus and they are preaching about a contested subject. Many of the factors listed above will be used in determining whether the speech is constitutionally upheld by the First Amendment or if the speech is deemed unconstitutional and in violation of the University’s policy.
If the language is specifically targeting a group, the speech may still be allowed, however, if the speech turns to action in the form of violence, the administration may ban the speaker from speaking. The reason can be found in the Supreme Court case Chaplinsky, where the Court found that if speech was shown to "inflict injury or tend to incite an
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However, a year later a student is found to be saying similar things about a woman, but the words are written on a website nonrelated to the university, can the university then regulate the speech? The answer is ‘it depends’. The context, which site, the factors the exact phrasing and where the student posted the threatening speech. The Court would likely judge the situation individually, relating cases such as Chaplinsky or Black, but the ruling would most likely be vague again, only looking at the specific context and factors of the situation, leaving other similar situation up for
There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or "fighting" words those which by their very utterance inflict injury or tend to incite an immediate breach of the peace (Downs 7).
"Protecting Freedom of Expression on the Campus” by Derek Bok, published in Boston Globe in 1991, is an essay about what we should do when we are faced with expressions that are offensive to some people. The author discusses that although the First Amendment may protect our speech, but that does not mean it protects our speech if we use it immorally and inappropriately. The author claims that when people do things such as hanging the Confederate flag, “they would upset many fellow students and ignore the decent regard for the feelings of others” (70). The author discusses how this issue has approached Supreme Court and how the Supreme Court backs up the First Amendment and if it offends any groups, it does not affect the fact that everyone has his or her own freedom of speech. The author discusses how censorship may not be the way to go, because it might bring unwanted attention that would only make more devastating situations. The author believes the best solutions to these kind of situations would be to
It’ unanimous! With those two words, the U.S. Supreme Court declared that ‘fighting words’ were not protected under the constitution and etched out an exception to the First Amendment known as the Fighting Words Doctrine (Clark). The doctrine came out of the 1942 Chaplinsky v New Hampshire. New Hampshire State court found Chaplinsky guilty under its public law that “prohibited another person from expressing offensive, derisive and annoying words and names to anyone else in a public place” (Hudson) commonly referred to as ‘fighting words.’
Hall, K. (2002, September 13). Free speech on public college campuses overview. Retrieved from http://www.firstamendmentcenter.org/free-speech-on-public-college-campuses
And even though the First Amendment grants us the freedom of speech, including such hate speech, there are limits. The federal and all state governments, including public colleges and universities and private schools that accept federal financial aid, cannot unnecessarily regulate speech, with the following exceptions: “obscenity, figh...
When the individual gets attacked verbally because of their controversial statements, they claim that they had the right to speak their mind no matter how disturbing their words were. They use the First Amendment as a cover for their wrong-doings, and that is never okay. They need to be educated on what they can and cannot say. Just because the First Amendment guarantees a person the freedom of speech, does not mean that they are entitled to say whatever they please. The article “Freedom of Speech” explains if an individual were to use “fighting words” then they are automatically not covered under their First Amendment. The Supreme Court decided in the case Chaplinsky v. New Hampshire that “fighting words” were not constitutional, so they would not be protected under the First Amendment (2). Many people misunderstand that much of their opinions that they speak consists of words that are unclear. More than half of the time the words they use in their statements are considered to be fighting words, for they are rude and ignorant. There is no need for the obscene words that they use to be protected under the First Amendment. They must become aware of their lack of knowledge for what “fighting words” are; furthermore, they
How much we valuse the right of free speech is out to its severest test when the speaker is someone we disagree with most. Speech that deeply offends our morality or is hostile to our way of life promises the same constitutional protection as other speech because the right of free speech is indivisible: When one of us is denied this right, all of us are denied. Where racist, sexist and homphobic speech is concerned, I believe that more speech - not less - is the best revenge. This is particualrly true at universities, whose mission is to facilitate learning through open debate and study, and to enlighten. Speech codes are not the way to go on campuses, where all views are entitled to be heard, explored, supported or refuted. Besides, when hate is out in the open, people can see the problem. They can organize effectively to encounter bad attitudes, possibly to change them, and imitate togetherness against the forces of intolerance.
Charles R. Lawrence III adresses the matter in his essay “The Debate over Placing Limits on Racist Speech Must Not Ignore the Damage It Does to Its Victims,” by providing the perspective of those on the reciving end. He explains that “racial slurs are particularly undeserving of First Amendment protection because the perpetuator’s intention is not to discover truth or initiate dialoge, but to injure the victim” (628). This argument is justified because some people do take their freedom of speech as far as offending someone because of their race, cultural, and social beliefs. As Cinnamon Stillwell proved in her essay, “Mob Rule on College Campuses,” some students do become bullies when their beliefs are challenged. Stillwell illistrates a situation that occurred at Columbia University when conservative Jim Gilchrist was invited to speak but was unable to because rioting students did not allow him. Stillwell then goes on to say that “Apparently in their minds, niether Gilchrist nor anyone else with whom they disagree has the right to express their viewpoints” (623). This can be applied to both sides because both of them seem to believe that the opposing belief has no right to speak especially when it is controversial. Lawrence mentions that “whenever we decide that racist speech must be tolerated because of the
College campuses have always been the sites where students can express their opinions without fear. There have been many debates about the merits of allowing free speech on campus. Some students and faculties support allowing free speech on campus, while others believe that colleges should restrict free speech to make the college’s environment safer for every student. Free speeches are endangered on college campuses because of trigger warning, increasing policing of free speech, and the hypersensitivity of college students.
Earlier this month in April, student protestors rioted at Berkley University because they did not want certain Conservative guest speakers to be able to give speeches at the university due to some of the speakers comments being inappropriate. According to the nonprofit organization committed to defending civil liberties named The Foundation for Individual Rights in Education (FIRE), "One worrisome trend undermining open discourse in the academy is the increased push by some students and faculty to 'disinvite' speakers with whom they disagree from campus appearances" (The Foundation for Individual Rights in Education). While the protesters were practicing their first amendment right to petition, the students were infringing upon the Conservative speakers freedom of speech which is unconstitutional. Just because the protesters may have disagreed with the speakers comments, does not mean that theys hould have prevented them from being able to express them. This is similar to the novel 1984 because the protestors controlled and censored what was able to be said at Berkeley University, just like how in the novel the Thought Police controlled what citizens said just because The Party disagreed with certain perspectives and didn’t want certain information to be
People can stop talking to someone who they consider offensive, they can walk away. Words don’t hurt people, despite the current popular opinion. Free speech should not be limited by anything it should just be free. Some people will say horrible things, but when they say such things to other people, people will think that they are horrible, and not listen to them anymore. Laws against saying certain thing don’t protect anyone, all they do is hide the true nature of people, until it is too late to do
In the Supreme Court the Students freedom was guarded by the first amendment and constitution. The First Amendments states “Congress shall make no law… abridging the freedom of speech.”(Streetlaw.org). However it doesn’t clarify what form of speech the amendment protects. The fourteenth amendment was involved when the rule extended out to state governments which the school system of Des Moines was a part of. The court challenged the
My public speaking class has already enhanced my knowledge and my ability to give speeches greatly. I know that with time and experience in public speaking, I will become a more skilled and professional public speaker. I will be sharing my first thoughts about my public speaking class, my strengths and weaknesses as a speaker, the speech I am most proud of so far, the speech that was the most difficult so far, and areas I know I need to improve on in order to be a skilled public speaker. Although I have had previous engagements with public speaking in high and middle school, none can be compared to the nervousness I felt about speaking in college level classes.
One instance of free speech controversy was when a fraternity member of the University Of Maryland had an email leaked of which he said very derogatory and racist remarks about women and shaming them on their appearance. When this email was leaked it created a widespread of controversy and anger among the country. The difficult part in this was that by popular opinion many would want to expel the student who wrote that email but lawyers suggest that by doing so would violate the student 's constitutional rights to freedom of expression. The problem with labeling this kind of behavior as hate speech and trying to suppress vulgar language is no matter how vile the language is it is protected under the first amendment of the constitution. Universities have come together in trying to diffuse this kind of behavior by adding codes of conduct that prohibit certain forms of speech from being permitted on campus. These initiatives have been challenged by civil liberty groups who feel that by prohibiting certain forms of speech the universities are restricting students on their first amendment rights and has to be cautious on what they say as one minor joke could be taken the wrong
The first amendment does not protect speech that incites people to violence/to commit illegal