How do schools resolve the tension between freedom of speech and the need for discipline and control?

Preserving the speech rights of students and maintaining the integrity of public education are not mutually exclusive. Schools should model First Amendment principles by encouraging and supporting the rights of students to express their ideas in writing. On the other hand, students should not expect to have unfettered access to their classmates and should be prepared to abide by reasonable time, place and manner restrictions. Schools must continue to maintain order, discipline and the educational mission of the school as they seek to accommodate the rights of students.

Why shouldn’t public colleges be allowed some say in the type of research done by their professors or the funding sources if a line of inquiry might negatively affect the school?

To allow colleges to restrict a field of research, either by censuring a professor or by limiting funding, would be to suggest that no academic advances should be made in that field. Such an attitude would seem to run contrary to the purpose of institutions of higher education. Where a college blocks a professor’s efforts to research a particular issue, the implication is that the censors fear what might be found.

As government entities, public universities are just as precluded by West Virginia v. Barnette from deciding “what shall be orthodox” as Congress is. That means that although a school administration may question the methodology or classroom performance of a professor, it cannot prohibit a field of inquiry simply because the subject is controversial.

Category: Freedom of Speech

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