Current Events: Freedom of Speech and Peaceful Assembly on College Campuses

Freedom of speech and the First Amendment are fundamental rights in the United States, protecting an individual’s right to peacefully assemble and protest without government censorship or interference. Recently, these rights have come to light on college campuses, where students have been engaging in protests and demonstrations throughout the nation. These events are sparking discussions about free speech, especially in educational settings.

The First Amendment applies differently on a public university campus versus private college campuses. Public institutions are government-funded and must uphold students’ First Amendment Rights of free speech and assembly. However, private institutions have more say in what they will allow and how they will regulate expression on their property. The First Amendment protects people from government infringement on liberties but does not apply to most other interactions. This difference between public and private universities can lead to varying approaches to handling protests and controversial speech on college campuses.

Various court cases and legal challenges further interpret and uphold free speech in education. Supreme Court rulings, such as Tinker v. Des Moines Independent Community School District (1969), Healy v. James (1972), and Hazelwood School District v. Kuhlmeier (1988), established examples regarding students’ free speech rights in schools. These cases emphasized the tension between protecting free speech and maintaining a safe learning environment in an educational setting.

This Current Event examines the complexities of free speech rights in educational settings throughout history.

Essential Questions:

What are the fundamental rights protected by the First Amendment?
How does the First Amendment apply differently on public versus private college campuses?
What historical precedents and movements have shaped attitudes toward free speech on college campuses?
Should universities regulate certain types of speech, such as hate speech or speech that incites violence? How are such forms of speech distinguishable?
How do modern social media platforms influence freedom of speech on college campuses?
What are the potential consequences of restricting or censoring certain forms of speech or expression on college campuses, and how can these challenges be addressed while upholding constitutional principles?