Freedom Of Speech: Students’ Speech

Name: Professor’s Name: Course: Due Date: Freedom of Speech In the United States, free speech is something that often leads to numerous debates. People debate over the meaning of free speech and what should be considered as free speech. In the recent past, university students have been involved in a tussle against their schools with the former trying to make sure the latter respects its right of free speech. However, schools appear to wield a lot of power over their students because it is reported that a majority of higher education institutions in the U.S. restrict speech. A 2018 article from The Fire reports that “the vast majority of students at America’s top colleges and universities surrender their free speech rights the moment they step onto campus.” Of the 466 American colleges, 89.7% are said to “maintain policies that restrict – or too easily could restrict – student and faculty expression.” These are numbers from one of the countries that is believed to be sensitive to matters freedom of speech. But, is it right to restrict speech among university students? Another question that needs to be asked is what should be allowed or what constitutes free speech for university students? Well, to answer the first one, it is not right to restrict or gag free speech among students. Students need to be allowed to say what they want, but this has to be within the set rules and regulations of the schools. However, if the school’s rules and regulations are discriminative towards particular precepts or stances, then students should be free to question and inquire further. So, with a focus on the 1st amendment, this paper seeks to support the notion that students’ speech should not be restricted in any way and that they should be allowed to speak and question what they want but within the set rules and regulations. Background Free speech comes from the 1st amendment. It was among the first ten amendments that were included in the U.S. Constitution. The Bill of Rights, which constitutes all the ten amendments, was first introduced in 1789. However, it was not until 1791, when the Bill of Rights was adopted. Numerous debates have raged on regarding the intent of the writers of the constitution who thought it best to include free speech as the 1st amendment. The First Amendment reads: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. The original intent of free speech had been a matter of debate for a long time now, and there have been different interpretations that seek to drive towards particular ends. The first interpretation is that free speech means that the government has no power over what people choose to say. However, many have said that this is the literal meaning of the first amendment because people can use speech to fuel hate and initiate violence. So, there indeed need for restrictions. So, what exactly does free speech mean? Well, Campbell from Richmond Law offers an explanation into the above issue. First of all, he notes that “the First Amendment says only that Congress cannot abridge “the freedom of” speech or the press; it doesn’t say that Congress cannot restrict speech or the press at all. By itself, the text is unclear.” The above is true. The First Amendment is indeed unclear because to abridge means to limit or to trim. So, it has been left in the hands of judges and other legal interpreters to come up with explanations of what the constitution means. With regards to students, there have been several interpretations that have shaped how schools and students approach what free speech entails. In 1969, in a court case dubbed Tinker v. Des Moines, the Supreme Court ruled in favor of students who were protesting the war in Vietnam by wearing black armbands (ACLU). The students had been suspended and then decided to take the school to court. This ruling set precedence in public schools because it became clear that it is within the First Amendment for students to protest. Another interpretation that shaped free speech in public schools involves the Hazelwood v. Kuhlmeier case in 1988. In this particular case, students from the Hazelwood East High School in Missouri had sued their principal over what they termed as gaging their First Amendment rights. The students had written certain peer experiences in the school’s newspaper. After two appeals and with the case finally at the Supreme Court, it was ruled that “the paper was sponsored by the school and, as such, the school had a legitimate interest in preventing the publication of articles that it deemed inappropriate and that might appear to have the imprimatur of the school” (United States Courts). These interpretations continue to shape what free speech entails in public schools today. Students are still trying to have their say, but with the precedence already set, it remains to be seen whether anything different will suffice. Freedom of Speech in Universities Universities must ensure freedom of speech. Thomas Jefferson saw universities as a place where individuals are “not afraid to follow the truth” (Lasson 41). Educational institutions must further the search of truth and ensure the advancement of their members. It ...