Free Speech On Campus

Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean—both constitutional scholars who teach a course in free speech to undergraduates—argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can’t do when dealing with free speech controversies.

The academy is in crisis. Students call for speakers to be banned, books to be slapped with trigger warnings and university to be a Safe Space, free of offensive words or upsetting ideas. But as tempting as it is to write off intolerant students as a generational blip, or a science experiment gone wrong, they’ve been getting their ideas from somewhere. Bringing together leading journalists, academics and agitators from the US and UK, Unsafe Space is a wake-up call. From the war on lad culture to the clampdown on climate sceptics, we need to resist all attempts to curtail free speech on campus. But society also needs to take a long, hard look at itself. Our inability to stick up for our founding, liberal values, to insist that the free exchange of ideas should always be a risky business, has eroded free speech from within.

If the University had a constitution, would it contain a free speech provision such as exists in the U.S. Constitution? The author develops in some detail the idea of the University as a special social institution that has as its goal the dissemination and advancement of knowledge.Free Speech on Campus examines the arguments, pro and con, concerning appropriate standards of discourse and expression that are particularly germane to the campus context, public or private, whether or not they are constitutionally enforceable. Students and teachers in every discipline will find this book engaging and illuminating; it is especially relevant for ethicists and philosophers of education.

In Free Speech on Campus, political philosopher Sigal Ben-Porath offers a useful framework for thinking about free-speech controversies surrounding trigger warnings, safe spaces, and speech that verges on hate. Everyone with a stake in campus debates will find something valuable in her illuminating discussion of these critical issues.

Freedom of speech is a fundamental aspect of American democracy, and university campuses have historically been central to the free speech debate through serving as protectors of this constitutional right. In recent years, campuses have returned to the center of this debate as our notion of what kinds of speech are acceptable and how speech should be controlled continues to develop. With the rise of trigger warnings, designated free-speech zones, and controversial speakers being disinvited from lecturing at universities, the question of whether campuses continue to represent the future of free speech or symbolize its repression has become progressively urgent.

Many colleges and universities are struggling to strike a balance between protecting free speech as a way of supporting their goal of academic freedom and promoting civility as a way of creating an environment where students can learn and faculty members can teach and conduct research. There have been numerous recent incidents of audiences shouting down speakers, burning books, and demanding that specific students be expelled or faculty members be terminated. In this highly fractious environment, schools are wondering “What works?” when seeking to attain the twin goals of permitting unrestricted speech but insisting on rules of decorum for debate and the exchange of perspectives. This book explores what schools have actually attempted, in some cases successfully and in some cases not successfully, to address these issues. It concludes that there are three primary strategies that tend to be effective: treating challenges to free speech and campus civility as “teachable moments”; exploring hypothetical scenarios with students, faculty members, and administrators before there is a serious incident; and approaching free speech and campus civility across the curriculum. The book also surveys United States case law on the topics of free speech, academic freedom, the right to protest, and similar subjects so as to provide faculty members and administrators with a concise resource filled with practical and accurate information.

"This is an engaging and highly readable discussion of the intricacies of First Amendment jurisprudence as it is applied to the college campus." -- The Law and Politics Book Review "Lucidly written, the book can be read and understood by many audiences from student organizations to board members.... Essential for all college and university libraries." -- Choice "A pragmatic, libertarian-minded, and well-informed legal handbook for the First Amendment on campus..." -- Kirkus Reviews "... the most comprehensive and thorough examination of campus speech available today." -- Harvard Educational Review "Bob O'Neil has produced the seminal work on First Amendment freedoms on our university campuses. He has brought scolarship, clear thinking and clean prose to a book of critical importance to all of us." -- Bruce W. Sanford "Robert O'Neil has long been one of the brightest stars in the complex and controversial arena of freedom of expression. And he has never shined brighter and with more incisive clarity than with his new work, Free Speech in the College Community." -- Richar A. Roth, Trustee of the Thomas Jefferson Center for the Protection of Freedom of Expression "This is the first integrated discussion of the fascinating free speech issues that pertain to teachers and students. It is an unusually informative, vivid and balanced treatment and an absolute must read for all academics and students." -- Norman Dorsen, former president of the American Civil Liberties Union "Free Speech in the College Community is a very timely book written by a dedicated scholar of the First Amendment. Challenging and readable it should be studied by all academicians, students, legislators and lawyers." -- Nancy Kassebaum Baker, United States Senator (retired) All of today's "hot-button" issues are dealt with in this timely book, from Holocaust denial to claims of racial determination of intelligence to hate speech. Former college president Robert O'Neil dramatically illustrates the many types of problems that confront university administrators, frequently using representative fictional characters and discourse to present the situations. Free Speech in the College Community illustrates the many problems that now confront universities by questioning whether or not speech on campus should be freer than speech on the streets. Join the Web debate about free speech on campus: http://www.indiana.edu/~iupress/freespeech

Ban it! the initial arguments for campus speech codes -- Wayne dick's plea: the critics fight back -- See you in court: the campus hate speech cases -- Hostile environment takes a front seat -- The attack on hostile environment -- And the verdict is -- The debate: 1998-2008.