Free Expression on College Campus

Essay 5: Understanding the Protections and Limits of
the First Amendment or Free Expression on College Campus (300 points).
Due Date: Submit essay on Canvas by midnight TH 7/29, 8-10
pages research-argument paper with correct heading, typed, double-spaced, MLA
Style Documentation, a minimum of 10 documented sources (you must include all
of our assigned readings in your paper), Works Cited page. Submit essay on
Canvas in docx format. Do not submit as pdf. file.
The Issue
This
paper is an opportunity to engage in Socratic Reasoning by examining
assumptions about what freedom of speech really means, as well as to deepen an
understanding of the current accepted interpretation of speech rights under the
First Amendment. The paper should reinforce the robustness of the First
Amendment protections of speech. Inclusion and free speech on college campuses
are complementary concepts and non-negotiable rights. Both are important to a
democracy. Tolerance for different viewpoints is a challenge not only on
college campuses but also in our national political discourses. The future of
democracy requires us to understand what’s happening and why. Higher education
is grappling with the issue of where – or whether – to draw the line on free
speech. How do we balance the demand by some students to be protected from
offensive speech while guaranteeing freedom of speech to others? How concerned
should schools be about violence and student safety when managing efforts
around campus inclusion, civility, free speech and political correctness? Are
microaggressions on campus and now on-line harmful? Can schools devise
hate-speech policies that are also First Amendment-friendly? The
Essay Prompt

Policy Question:
Should colleges be able to prohibit certain speech that may include hate
speech, micro-aggressions, and controversial or offensive public speakers?

Constitutional Question: Does the First Amendment
protect hate speech on college campuses? Does the same amendment protect the
speech rights of controversial or “offensive” public speakers on college
campuses? Does – and should – the First Amendment treat private colleges
differently than government-run colleges (public colleges)? While college campuses may generally agree
that the First Amendment to the Constitution protects the freedom of speech,
there are disagreements over when, where, how and if campus speech should be
ever limited or restricted.

For
Your Consideration: Applying Interpretations of the First Amendment to
Campus Speech. Why is it important to protect unpopular or offensive speech on
college campuses? Based on their understanding of the First Amendment, can the
government ever draw reasonable limits? One idea is that speech is considered a
fundamental liberty under American law and that even inflammatory speech, such
as racist language by a leader of the Ku Klux Klan, should generally be
protected unless it is likely to cause imminent violence (Brandenburg v. Ohio,
1969).
Background “When men have
realized that time has upset many fighting faiths, they may come to believe
even more than they believe the very foundations of their own conduct that the
ultimate good desired is better reached by free exchange in ideas – that the
best test of truth is the power of the thought to get itself accepted in the
competition of the market, and that truth is the only ground upon which their
wishes safely can be carried out. That at any rate is the theory of our
Constitution. It is an experiment, as all life is an experiment. Every year if
not every day we have to wager our salvation upon some prophecy based upon
imperfect knowledge. While that experiment is part of our system, I think that
we should be eternally vigilant against attempts to check the expression of
opinions that we loathe and believe to be fraught with death.” – Supreme Court Justice Oliver Wendell
Holmes’s Free Speech Lesson Written over 100 years ago, Holmes’s excerpt
presents a “lesson” on understanding the protections and limits of the First
Amendment. Holmes encourages the reader to examine their assumptions about
freedom of speech as well as gain a deeper understanding of the meaning of
freedom of speech. Holmes states his belief that free speech IS the marketplace
of ideas, “the best test of truth is the power of the thought to get itself
accepted in the competition of the market”. Finally, Holmes counsels the reader
to reject the impulse to censor. Holmes offers a valuable lesson for our own
times as well. Over the course of roughly the last 50 years the U.S. Supreme
Court has set our nation on a remarkable “experiment,” often construing the
First Amendment in a manner that strenuously defies the natural and logical
impulse to censor. In scores of decisions, the Supreme Court has interpreted
the First Amendment in a manner that to most of the world seems positively
radical. Those decisions are numerous and cover a vast and various terrain. To
repeat – while Americans generally agree that the First Amendment to the Constitution
protects the freedom of speech, there are disagreements over when, where how
and if speech should be ever limited or restricted.
Required Readings (Found on Canvas “Files” & Modules)
·A
First Amendment Junkie, by Susan Jacoby (1978)
·Protecting
Freedom of Expression on the Campus, by Derek Bok (1991)
·On
Racist Speech, by Charles Lawrence (1989)
·RAV
v. the City of St. Paul (1992)
·Model
Freedom of Expression Resolution based on University of Chicago Statement, by
FIRE (April 3, 2018)
·Free
Expression and Constructive Dialogue at the University of North Carolina at
Chapel Hill (March 2, 2020)
·The
Coddling of the American Mind, by Gregg Lukianoff & Jonathan Haidt (2013) +
Wiser Societies ·Free Speech and the
Paradox of Tolerance, by Julia Serano (2017)
·The
Pro-Speech Way to Fight Fake News, by Suzanne Nossel (2017)
·Colleges
Grapple with Where – or Whether – to Draw the Line on Free Speech, by Alina
Tugent (June 5, 2018)

Support Material for Paper
·Campus
Speech Introduction (P)
·The
Irvine 11 (P)

Instructional Objective
One of the instructional objectives of this paper the use of
Information Literacy, including Finding, Evaluating & Managing Sources.
Model for Organization of the Research-Based Argument
Paper
Introduction:
Presentation of the issue and then statement of your position in a
well-shaped and interesting thesis statement.

Body: Presentation of supporting arguments for your
position. Presentation of counterarguments. Presentation of rebuttal of
counterarguments
Conclusion: Answers to possible objections to your
supporting arguments.
Essay Evaluation Criteria
Organization:
Issue and position dominating the beginning of the essay, arguments to
support the position and statements, and disarming of counterarguments are
presented in a logical sequence. Ambiguity: Terms clearly defined and delineated, free
from expressions with unintentionally multiple meanings, on vagueness, and
important word choice. Correctness: Grammar, spelling, punctuation, usage, MLA
Style Documentation, “Works Cited” page.
Argument: The logic of the argument is sound and
comprehensive, premises acceptable to a reasonable reader, conclusion follows
from premises, counterarguments addressed, and policy proposed.
For information on the First Amendment, go to:
·Constitution
Center/ Interactive Constitution/First Amendment
https://constitutioncenter.org/interactive-constitution/amendment/amendment-i
·UC
National Center for Free Speech and Civic Engagement https://freespeechcenter.universityofcalifornia.edu
·Foundation
for Individual Rights in Education
www.thefire.org
·American
Civil Liberties Union www.aclu.org
·PEN
America www.pen.org
Essay 5 Rubric Use this rubric in addition to instructions
given in the writing prompt
A WELL-FORMED THESIS STATEMENT HAS 4 MAIN CHARACTERISTICS.
UNITY: the thesis states a single controlling
idea. This idea may be complex and have
several parts, but it should be one idea nevertheless.
2. FOCUSED
ASSERTION: the thesis should clearly state your position in clear, restricted,
and specific terms.
3. RATIONALE: the
thesis should explain in summarized form why you take the position you do.
4. DRAMATIC
INTEREST: the thesis serves as the writer’s promise to readers to make a clear
point about some interesting topic in a complex and well-reasoned way. TOPIC
+ POSITION + RATIONALE + QUALIFICATION
MODEL FOR ORGANIZATION OF THE PAPER
INTRODUCTION: Presentation of the issue and then
statement of your position in a well-shaped and interesting thesis statement.:
the thesis states a single controlling idea.
BODY: Presentation of supporting arguments for your
position. Presentation of counterarguments. Presentation of rebuttal of
counterarguments
CONCLUSION: Answers to possible objections to your
supporting arguments; and a concluding statement
_____ Introduction begins with a hook.
______ Frame your discussion. Provide a clear analysis of
the issue regarding free speech vs. sensitivity and inclusion.
_____ Introduction includes cited definitions, explaining
thoroughly what characterizes the topic. (Define term political correctness and
its relation to college campuses.)
_____ There is a smooth transition out of the definition
into an introduction of the topic. Another transition introduces claim or
thesis.
_____ The thesis is the answer to the prompt: (Avoid simply
summarizing or describing the topic)
_____ Body paragraphs. Begin with a topic sentence listing
one major point at a time (claim about topic).
_____ The paper uses quotes for support. Block long quotes.
(Use quotes from our required readings: Jacoby, Bok, Lawrence, Lukianoff &
Haidt, etc)
_____ Quotes follow the point + quote + commentary pattern
____ Give evidence to support claim/thesis. Give an
explanation of how and why evidence given support the claim(s) you have made.
Provide any additional proof necessary to support and explain claim(s)
_____Conclusion restates the main claims and ends with a
concluding statement.
_____ The paper is a minimum of 8-10 pages and MLA
formatted.
_____ The paper includes a works cited page listing proper
citations for any outside sources used (such as a website). 10 sources minimum,
including one source that is a databased article (i.e., UNC Report) Analysis,
Synthesis & Integration of Ideas and Information, & Use of MLA Style:
_____ Analyze readings for their content and rhetorical
strategies, particularly purpose, tone, intended audience and methods of
support
_____ Evaluate appeals to ethos, logos, and pathos; and
rhetorical effectiveness of texts
_____ Locate relevant information from sources to use in the
development and support of ideas
_____ Create a synthesis of information and ideas from
several different sources to develop your ideas
_____ Integrate ideas and information from sources
effectively in your essay using paraphrase, summary and direct quotation
_____ Use the conventions of the MLA documentation system
consistently and accurately to cite and document sources used in your writing
The Arguments
Consider the following three aspects of campus speech codes
or formal regulations: 1) Legality of placing limits on free speech through
regulations; 2) Appropriateness of regulations to resolve issues; 3)
Practicality of implementing regulations.
Arguments for speech codes include:
·Denial
of right to equal education opportunity (under the 14th amendment). University
students do not have an equal opportunity to learn if they are forced to live
and work in an environment where they may be subject to verbal harassment and
assault.
·Fighting
Words Exception: No important distinction between direct face-to-face racial
insults and fighting words (speech as conduct). Psychic Injury is often more
severe than physical injury.
·Captive
Audience Doctrine: Regulate racial epithets and vilification that are not
face-to-face, but in which the victim is a member of a captive audience.
·Hostile
environment (harassment) & Heckler’s veto
·Workplace
Exception to first amendment
·Commitment
to Campus Inclusion and Diversity: trigger warnings, micro-aggressions, and
safe spaces.
Arguments against speech codes include:
·Restrictions
against remarks about race, creed and so forth violate the rights of free
speech under the First Amendment. Such remarks do not come under the
“fighting-words” doctrine, since it is not clear that they will produce
violence, especially if they are comments about groups rather than specific
individuals.
·Speech
codes are a form of selective or content-based censorship, a violation of the
first amendment, leading to a slippery slope.
·Communities
of higher learning should work to make all of their members feel included, but
not at the cost of free speech and debate: respect, resiliency, and robust
debate.
·Embrace
freedom of expression and inquiry as an educational value for everyone,
regardless of their background and political views. Best antidote to bad speech
is good and better speech, education, persuasion, and informal social control.
·Move
beyond the false dichotomy between free speech and inclusiveness.
·Let
students know that, when these values come in conflict, as they did at Middlebury,
Claremont, and UC Berkeley Spring 2017, educational institutions have a primary
obligation to foster open and civil discourse even when it comes into conflict
with the goal of inclusiveness.
·Ensure
that students have a basic understanding of the First Amendment and its history
·Prepare
students for our polarized politics by actively acknowledging and learning
about the full range of perspectives on the important issues of the day.
·Reflect
on who is and is not included in different public debates and ask why.
·A
completely politically correct campus would be an unproductive way for students
to decide what they believe in. PC in the form of speech codes is an
infringement on free speech, limits academic freedom, and is also experienced
as an actual pressure so that anything we say or do in daily life may offend,
and it is not possible to predict every trigger or micro-aggression that may
offend.
·People
who want to protest or express their views do NOT have a constitutional right
to do so whenever, wherever, and however they please. There are time, place,
and manner restrictions. Rather than speech codes, reasonable time, place and
manner restrictions applied equally and consistently (permissible only if
content neutral).
“Particularly now it
is critical that the Berkeley community come together once again to protect
this right. It is who we are. The philosophical justification underlying free
speech, most powerfully articulated by John Stuart Mill in his book On Liberty,
rests on two basic assumptions: that ’truth is of such power it will always
ultimately prevail,’ while the second is ‘and extreme skepticism about the
right of any authority to determine which opinions are noxious or abhorrent. .
. We will not tolerate violence, and we will hold anyone accountable who
engages in it.” – UC Berkeley Chancellor
Carol Christ
Main tenants of free speech liberalism are straightforward:
·All
speech is permissible unless it harms someone
·Restrictions
on speech essential to avoid harms must be tailored as narrowly as possible
·The
cure for bad speech is more speech
·Underlying
these principles is a tremendous faith in the value of free speech What
justifies free speech? Four familiar arguments for free speech – Self, Truth,
Government, Diversity – represent the best case for free speech:
·Unless
we can express ourselves freely, we will never know ourselves; we’ll barely
have selves to know; selves are formed and found through give and take with
others.
·No
holds barred discussion is best way to find the truth and limiting such
discussion may prevent the emergence of truths.
·Free
speech is essential to good government, by criticizing the government, by
exposing official misconduct and by enlisting the wisdom of the multitude.
·Hearing
all voices teaches us to live with diversity in our cosmopolitan world.
The above are all powerful arguments for free speech
springing from the spirit of the Enlightenment, but none justify free
expression across the board. Deliberate lies do nothing to advance the search
for truth and the ‘greater good’ offers no case for pornography. None of the
arguments supports the malice of some tweets. Sometimes a sewer is just a
sewer. To bolster the case for free speech, however, we need an additional
argument, which is found not in a positive case for free speech but in the
mistrust of censorship.
Activities
Activity 1: Learn How Judges and Scholars Have
Interpreted the First Amendment
Why do you think the freedom of speech is an important right
and why it is particularly important in a democracy, where people choose their
political leaders? Some thoughts could
include the ideas that citizens need to be able to speak freely in order to
make effective electoral decisions, oversee government actions, participate in
the policy making process and hold politicians accountable.
Now read and annotate an essay explaining the ways in which
the Supreme Court has interpreted the freedom of speech. This essay, “Freedom
of Speech and of the Press,” by the constitutional law scholars Geoffrey R.
Stone and Eugene Volokh. Also answer the following questions, making sure to
provide evidence from the essay.
1. According to the essay, why is it important to protect
speech, even if that speech is unpopular?
2. According to the essay, what kinds of actions are
included in the term “speech” as it is found in the First Amendment?
3. How has the understanding of what is protected speech
changed as technology has
8changed?
4. According to the essay, when is it acceptable under the
First Amendment to limit or punish speech?
5. According to the essay, how has the Supreme Court
addressed free speech during the 100 years since the end of World War I, and
what is the status of free speech protections today?

Last Completed Projects