Panel discusses challenges of free expression on college campuses. Highlights Mahoney case where cheerleader's post sparked debate on free speech in schools. Explores evolving nature of campus speech battles and threats to academic freedom. Discusses sensitivity around phrase 'both sides' and challenges in fostering diversity of viewpoints. Speaker shares personal experience facing opposition in classroom.
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Quick takeaways
The panel highlighted the importance of educating young people about the First Amendment through the Mahoney case, which upholds the Tinker standard that speech can only be restricted if it causes material disruption or invades others' rights.
The panel emphasized the dangers of equating offensive ideas or words with bullying behavior, as it hinders students' educational and personal growth, undermines the pursuit of truth, and limits their ability to become engaged citizens in a democratic society.
Deep dives
Panel on First Amendment on Campus
The third panel at the National First Amendment Summit focused on the First Amendment on campus. It featured experts such as Will Creeley from Fire, Jeannie Sue Gerson from Harvard Law School, and Nadine Strosim from NYU. They discussed the Mahoney case, where the Supreme Court upheld the Tinker standard that speech can only be banned if it causes material disruption or invades the rights of others. The panel highlighted how Mahoney provides an opportunity to educate young people about the importance of the First Amendment and why it matters in their lives.
Debating Bullying and Free Speech
The panel also addressed the trend of using anti-bullying language to restrict speech and its implications on free expression. While acknowledging the need to address harm caused by speech, the panel emphasized the dangers of equating offensive ideas or words with bullying behavior. They argued that shielding students from uncomfortable or upsetting ideas hinders their educational and personal growth, undermines the pursuit of truth, and limits their ability to become engaged citizens in a democratic society.
Suppressing Speech as Violence
The panel discussed the growing pressure on campuses to suppress speech by labeling it as violence. They highlighted the dangers of this trend, noting that it stifles academic freedom and hampers the pursuit of truth. They argued that shielding students from challenging or controversial ideas ultimately harms their emotional well-being and psychological resilience. The panel emphasized the importance of fostering resiliency and self-confidence in students, rather than shielding them from ideas that may be upsetting or offensive.
Challenges to Free Speech for Professors
The panel addressed the challenges faced by professors in exercising their free speech rights. They mentioned cases where professors have been punished or fired for expressing dissenting or controversial views. Examples included Professor Steven Kirschner at SUNY, who discussed the morality of age of consent laws, and Professor Laura Burnett at Collin College, whose criticism of Vice President Pence led to her termination. The panel emphasized the importance of protecting academic freedom and promoting viewpoint equality, allowing professors to explore diverse perspectives and engage in meaningful debates.
The National Constitution Center, in partnership with a coalition of leading free speech organizations, convened a National First Amendment Summit on September 13, 2023, to discuss the increasing threats to freedom of expression and to celebrate the opening of the Center’s new First Amendment gallery. The third panel of the event, “The First Amendment on Campus and Online,” examined the increasing conflicts involving free speech on campuses and online in an age of social media, artificial intelligence, and other new technologies. Speakers included Will Creeley, legal director at FIRE, the Foundation for Individual Rights and Expression; Jeannie Suk Gersen, professor at Harvard Law School; and Nadine Strossen, emerita professor at New York Law School and former ACLU president. The program was moderated by Jeffrey Rosen, president and CEO of the National Constitution Center.