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My field of education is higher education with an emphasis on student development and leadership. This resource is intended for student affair professionals who work with students in areas where freedom of speech is questioned. I chose this topic because freedom of speech can cause controversies on campus and professionals should be prepared in case of an event. My professional goals include managing student leaders so this perspective will be from a director level position.

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I spoke with Lanita Legan for an interview to discuss her professional experience and thoughts on freedom of speech. Ms. Legan is currently the Associate Director for Student Involvement in the LBJ Student Center at Texas State University.

https://www.lbjsc.txstate.edu/About/Meet-Our-Staff.html

She has worked in the field of higher education for over 30 years. One of the duties in her current role is to monitor free speech events or demonstrations on Texas State’s campus. Ms. Legan emphasized that college campuses are a place where differences of opinions and views are welcome. This diversity strengthens the student experience and even controversial opinions need to be respected. She explained that her job is to “teach and empower students to use their voice, even if their views are unpopular” (L. Legan, personal communication, February 21, 2022). Ms. Legan has experienced multiple student protests and controversial speeches during her higher education career. She shares that freedom of speech is a balancing act because “students have rights that protect their freedom but we must also consider and respect human dignity” (L. Legan, personal communication, February 21, 2022). To prepare for these types of controversial situations, I asked Ms. Legan about best practices related to freedom of speech:

1.     Know Your Rights- According to Ms. Legan, perhaps the most important practice to keep in mind is being knowledgeable about student rights. She humorously shared that the most prized possession in her office is the student code of conduct. “When a student brings up a freedom of speech issue, it brings me comfort that I can turn to the code of conduct and explain our policies” (L. Legan, personal communication, February 21, 2022).

2.     Check Personal Bias- When working with a large group of students, it is inevitable that our personal views will conflict with a student’s opinion at some point. As a seasoned student affairs professional, Ms. Legan shared the importance of being aware of our biases. She commended her current institution on their policy called “Bring it up Bobcats!” This protocol is a bias reporting system that allows the campus community to anonymously report a bias incident. “It [Bring it up Bobcats!] helps keep our community accountable during our day-to-day work duties” (L. Legan, personal communication, February 21, 2022).

3.     Professional Development- As student demographics in higher education change, new viewpoints and opinions are introduced on college campuses. Professional development can help student affairs professional keep up to date with current issues. “Professional development can help us anticipate possible controversies on campus” (L. Legan, personal communication, February 21, 2022).

An emerging issue related to freedom of speech is the concern for student safety. While students are allowed freedom of speech on campus, there are restrictions if someone’s speech turns into harassment. Ms. Legan values student safety above all and says “it is also our responsibility to protect students who feel targeted and unsafe in an environment created by someone’s freedom of speech” (L. Legan, personal communication, February 21, 2022). Ms. Legan says the university saw an increased number of protests over the past year and have had to rely more heavily on the support of not only campus police but the city police as well.

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The National Association of Student Personnel Administrators (NASPA) created a campus free speech guide for student affairs professionals (NASPA, 2020). This free guide includes information on leading dialogue related to controversial topics. It gives professionals a guide to use when leading a student forum and includes an example questionnaire.

References

National Association of Student Personnel Administrators. (2020). Free speech and the inclusive campus: How do we foster the campus community we want? https://naspa.org/files/dmfile/NASPA_FreeSpeech_IssueGuide_with_Questionnaire_FINAL.PDF

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Bauer-Wolf (2019) reports that free speech advocates and lawmakers across the U.S. are fighting to pass legislation that protect student and visitors’ free speech rights on college campuses.

This article highlights the following issues:

• Lawmakers continue to criticize higher education institutions because there has been an increased number of cases where student protests have prevented controversial speakers to speak on campus or have caused events to shut down.

• There seem to be no consequences for students who interfere in freedom of speech.

• Civil liberties advocates argue the proposed legislation is too harsh.

• The proposed sanctions will discourage students from protesting all together.

• Several states have enacted their own free speech laws that protect freedom of speech on college campuses.

References

Bauer-Wolf, J. (2019, September 16). Free speech laws mushroom in wake of campus protests. Inside Higher Ed. https://www.insidehighered.com/news/2019/09/16/states-passing-laws-protect-college-students-free-speech

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Mangan (2020) explains how the U.S. Department of Education is investigating multiple universities after incidents of free speech on campus.

This article highlights the following issues:

• Universities face potential lawsuits because of complaints of bias on campus related to freedom of speech.

• The U.S. Department of Education has the authority to put universities on notice for federal investigation.

• Institutions have the right to place certain restrictions on freedom of speech laws on their own campuses.

• Critics argue that limiting these laws prevents both students and professors from expressing themselves fully.

References

Mangan, K. (2020, October 1). 3 universities face U.S. inquiries into free-speech controversies. The Chronicle of Higher Education. https://www.chronicle.com/article/3-universities-face-u-s-inquiries-into-free-speech-controversies

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Slide #6: Original Source of Law: Constitutional

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Slide #6: Original Source of Law: Constitutional

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Constitutional Law (Federal)

The First Amendment protects several basic freedoms, including freedom of speech (U.S. Const. amend. I).

• Public higher education institutions must uphold the First Amendment requirements of free speech on campus.

• There are certain instances where free speech is NOT protected by the First Amendment. This includes speech that is considered harassment, obscene, defamatory, or can lead to violence.

• Higher education institutions can place restrictions on free speech citing time, place, and manner.

References

U.S. Const. amend I.

https://www.senate.gov/civics/constitution_item/constitution.htm#amdt_1_(1791)

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Slide #7: Original Source of Law: Statutory 

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Slide #7: Original Source of Law: Statutory 

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Statutory Law (State)

Chapter 51 of the Texas Education Code (TEC) covers provisions related to protected expression on higher education campuses (Tex. Educ. Code § 51.9315).

• Freedom of speech is recognized as central to the mission of institutions of higher education.

• Ensures all persons may assemble peaceably on campus for expressive activities.

• Common outdoor areas are deemed traditional public forums.

• As long as the person’s conduct is not unlawful, students and outside visitors are permitted to use these public forums.

References

Protected Expression on Campus, 51. Tex. Educ. Code § 51.9315.

https://statutes.capitol.texas.gov/Docs/ED/htm/ED.51.htm#51.9315

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Slide #8: Original Source of Law: Administrative 

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Slide #8: Original Source of Law: Administrative 

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Administrative Law (Federal)

In 2019, then President Trump declared an executive order that required all colleges who receive federal funding to comply with free speech requirements (E.O. 13864 of Mar 21, 2019).

• This executive order was designed to promote free and open debate on college and university campuses.

• If institutions fail to protect free speech, they are at risk to lose federal funding.

• The executive order affects private and public institutions. Public institutions are already bound by the First Amendment but private colleges can have their own policies.

References

Exec. Order No. 13864 (Mar 21, 2019).

https://www.federalregister.gov/documents/2019/03/26/2019-05934/improving-free-inquiry-transparency-and-accountability-at-colleges-and-universities

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Slide #9: Original Source of Law: Judicial 

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Slide #9: Original Source of Law: Judicial 

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Judicial Law (State)

Speech First is a nationwide organization that defends student’s freedom of speech rights. Members of Speech First, who attended the University of Texas at Austin, filed a lawsuit against then UT Austin President, Gregory Fenves. The students argued their First Amendment rights and challenged the speech codes at the university (Speech First v. Fenves, 2020).

• Speech First claimed the universities’ overly broad speech codes made it too restrictive for student’s to openly practice free speech.

• Students were afraid of sharing their opinions or views on campus for fear of discipline by the university.

• Students argued their First Amendment rights were being violated.

• The court ruled in favor of the students and UT Austin agreed to a settlement with Speech First, Inc.

References

Speech First, Inc. v. Fenves, No. 19-50529 (5th Cir. 2020).

https://law.justia.com/cases/federal/appellate-courts/ca5/19-50529/19-50529-2020-10-28.html

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Section 7 of Texas State University’s policies and procedures address the procedures for sponsoring external speakers. The policy cites that Texas State upholds the first amendment and freedom of speech shall include the opportunity to invite and hear external speakers (Texas State University, 2021).

Regulations include:

• Students may not prevent or interfere with the opportunity for the external speaker to be heard.

• External speakers must be sponsored by a registered student or faculty/staff organization.

• Speakers may be prohibited in the event that their speech constitutes a clear and present danger to the campus community.

References

Texas State University. (2021). External Speakers Using University Facilities, UPPS § 07.04.04. Retrieved from https://policies.txstate.edu/university-policies/07-04-04.html

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As a higher education professional, I will follow the Council for the Advancement of Standards in Higher Education. Principle IV highlights the ethical principle of “Justice”. This relates to freedom of speech specifically because it states “We operate within the framework of laws and policies” and “We respect the rights of individuals and groups to express their opinions” (CAS, 2006). Both of these statements will be beneficial regarding freedom of speech on campus. Even when controversies arise, we must always abide by federal and state laws. We must also not forget that everyone’s opinion deserve respect.

References

Council for the Advancement of Standards. (2006). CAS Statement of Shared Ethical Principles. https://www.naspa.org/images/uploads/main/CASethicsstatement.pdf

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In the Summer of 2020, Black Lives Matter protest all over the U.S. began. Many higher education institutions organized their own events in support of this movement. At this time, I was working as an academic advisor for undergraduate students. The institution I was working for allowed a peaceful protest with discussions and testimonials. Multiple of my students expressed their concerns to me either in favor of the protest or not. Because of the liberties awarded by freedom of speech, my students were able to openly voice their opinions during this protest. As a higher education professional during this situation, ethical principles played a role. No matter my stance on this movement, I openly listed to students from both points of views.

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Slide #13: Recommendations/Best Practices for Compliance 

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Slide #13: Recommendations/Best Practices for Compliance 

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• Professional Development: As Ms. Legan mentioned in our interview, professional development is one of the best practices to use when working with freedom of speech issues on a college campus (L. Legan, personal communication, February 21, 2022). There are many online tools used for professional development in this area. For example, the American Association of College for Teacher Education has a list of resources for educators to use when discussing free speech (AACTE, n.d.).

• Teach Students: College is the place, sometimes even the first place, where students have the opportunity to interact with people with differing opinions. By teaching them to voice their opinions and respectfully debate with others, we “assist them in their identity development as well as connect them to their civic responsibilities” (Kneubuehl, 2017).

• Campus Safety: As history has shown, freedom of speech expressions have the potential to escalate into dangerous situations. A good practice for higher education professionals is to prepare for situations that require heightened campus security.

• Bias Awareness: It is human nature to have biases. When dealing with freedom of speech and controversial speakers, we are more than likely going to have a bias that leans one way or the other. Being aware of our own bias, especially unconscious bias, is important so that we can make better decisions. Harvard University developed the Implicit Association Test (IAT) that helps test our unconscious bias (Harvard, n.d.). By taking these IATs we can be more aware of how we treat others, especially in situations that might involve legal and ethical issues.

• Mandatory Training: Many times, students are not aware of their constitutional rights and/or why free speech is important on campus. There is also confusion as to what is acceptable free speech. Kelley (2018) shares “just as colleges require freshmen understand codes of conduct for sexual harassment, plagiarism, and intoxication, they could require freshmen to understand the differences between free speech and hate speech.” This training could be implemented during New Student Orientations or as an online mandatory course.

• Mental Health: While free speech is permitted on campus, educators must also anticipate the needs of those vulnerable student populations. Just because freedom of speech is legal, it does not mean that certain speech does not hurt. My final recommendation involves checking in on the mental health of students who are affected by certain free speech. By listening to students’ concerns we can provide appropriate resources.

References

American Association of Colleges For Teacher Education. (n.d.). Freedom of Speech and Civil Discourse. Retrieved from https://aacte.org/2019/12/freedom-of-speech-and-civil-discourse/

Harvard. (n.d.). Project Implicit. https://implicit.harvard.edu/implicit/takeatest.html

Kelley, S. (2018, May 2). Psychologists: ‘There is no alternative to free speech’. Cornell Chronicle. https://news.cornell.edu/stories/2018/05/psychologists-there-no-alternative-free-speech

Kneubuehl, E. (2017, December 4). Maintaining freedom of expression in higher education spaces. National Association of Student Personnel Administrators. https://www.naspa.org/blog/maintaining-freedom-of-expression-in-higher-education-spaces