Defending Campus Free Speech In A Polarized Age, with Paul Alivisatos and Tom Ginsburg
Sep 22, 2023
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Renowned UChicago law professor Tom Ginsburg and President Paul Alivisatos discuss the significance of free expression in universities, challenges to academic freedom and freedom of speech, and the importance of defending campus free speech. They also explore the University of Chicago's new initiative, the Chicago Forum on Free Inquiry and Expression, and how universities can promote free expression and create environments for dialogue across difference.
Universities have a central role in society and should prioritize free expression on campus.
There are threats to free expression at universities from donors, governments, and student demands for comfort.
Deep dives
The Importance of Free Expression on College Campuses
Free speech on college campuses is a highly polarizing topic. The University of Chicago's President emphasizes that universities have a central role in society and, therefore, how free expression plays out in universities is a significant concern. This raises complicated issues like whether professors should have unlimited speech, how to handle speech that some students find harmful, and the acceptability of controversial outside speakers. The University of Chicago has a reputation for prioritizing free speech, which led to the launch of the Chicago Forum on Free Inquiry and Expression. The forum aims to practice and exemplify free expression within the university and share that commitment with a broader audience.
The Threats to Free Expression at Universities
There are three main threats to free expression at universities. Firstly, some donors and influential individuals may pressure universities to restrict certain viewpoints. Secondly, governments can pose a threat through legislation that limits speech and critical discussions, such as the anti-CRT laws in certain states. Lastly, there is a concern that students themselves may demand safety and comfort at the expense of confronting uncomfortable and differing ideas. These threats have already resulted in more professors facing consequences for their speech compared to past periods like the McCarthy era.
Academic Freedom and Constraints on Speech
The distinction between academic freedom and freedom of speech is important. Academic freedom provides professors with the ability to discuss subjects freely within their area of expertise. Content discrimination, differentiation of ideas based on quality, and compelled speech are practices that contradict the principles of the First Amendment but are necessary for universities to maintain their integrity and fulfill their purpose of advancing knowledge. However, there are challenges in determining which topics should not be open for discussion, as settled issues should still be constantly reviewed, and orthodoxy can impede progress. Balancing freedom of expression with students' rights and sensitivities is also an ongoing consideration.
Debates around External Speakers and the Nuances of Free Expression
Different rules and considerations come into play when it comes to external speakers. While public universities cannot restrict speakers based on their viewpoint, private universities have more flexibility. The University of Chicago, although a private institution, follows First Amendment-like rules and generally upholds the principle of allowing diverse viewpoints. However, the presence of provocateurs who seek controversy and the belief that certain ideas are harmful have led to debates about platforming speakers. The crucial point is that the decision-making power of defining acceptable viewpoints should not be assigned to a single entity, as it can lead to undesirable outcomes and potential abuse of power.
Free speech is probably one of the most polarizing public topics of debate. And those arguments only become more intense when it comes to free expression on college and university campuses. Should professors be allowed to say whatever they want? What about speakers being invited to campus? Who gets to say what is acceptable and unacceptable?
The University of Chicago has had a unique and long history of defending free expression, and this year is building upon that commitment by launching The Chicago Forum on Free Inquiry and Expression. That forum is being led by renowned UChicago law professor Tom Ginsburg. He joins our podcast along with President Paul Alivisatos to talk about why universities must have a commitment to free inquiry—and how this new forum plans to promote free and open discourse, while addressing present-day challenges.