Fara Cohen, Griesing Law
Prominent social and political figures have been asked to speak at colleges and universities for decades. Even though these speeches have been occurring for years, there is no doubt that the current political climate has resulted in increasingly polarized viewpoints and heightened uproar over the invitation of certain individuals to campus. From alt-right leader Richard Spencer at Michigan State University to California Attorney General Xavier Becerra and Assembly leader Ian Calderon at Whitter College in California, protests against speakers on college campuses have been headlining the news. Unfortunately, the various ways in which colleges and universities are responding to these incidents has resulted in confusion regarding the law as it relates to free speech. As a result, the confidence of students’ security in the First Amendment has dropped significantly. A recent Gallup survey of 3,014 U.S. college students is telling; of those surveyed, 73 percent of students believed freedom of speech was secure in 2016 compared to 64 percent now; and, in 2016, 81 percent of students believed freedom of the press was secure, down to only 60 percent now.
Given today’s social media influence, inviting controversial speakers to campus now has entirely new implications as student and faculty reactions to a campus speaker can go viral almost instantaneously. Because of this, it is important for colleges and universities to publish policies that clearly articulate the school’s stance on free speech, and the expectations of students and faculty when a potentially contentious speaker comes to campus. Institutions of higher education must write and implement policies that clearly and effectively balance the tension between free speech and the exchange of ideas against the potential for violence or protest that could result when a polarizing individual is asked to speak. So how can a college or university go about doing this most effectively to protect itself against bad press, or even a lawsuit? At least part of the answer to this question requires an understanding of the law as it pertains to the First Amendment.
