Academic Freedom: Free Speech
Dr. Quiana Bradshaw
Lead Professor of Data Science & Artificial Intelligence @ Campbellsville University
In higher education, terms such as free speech can be a difficult element to process due to the areas of free speech. Even racial hate speech was not penalized because it falls within the element of free speech. Contemporary progressives who oppose restrictions on bigoted expression insist that government respects all citizens equally when all citizens are permitted to voice their beliefs. (Goldberg, 2018). Granted, I agree that both public and private colleges or universities should mitigate any potential harm from this type of speech. It can affect students particularly minority students and should be a plan in place to protect those students from observing or even hearing that kind of speech.
However, public employees and faculty members have constitutional rights that are affiliated with and supportive of their free expression and free association rights under the first amendment. [p. 284]. For instance, faculty members can be protected from retaliation whether or not they file a grievance against an institution or their administrators. [p. 284]. The expression of the thought process can be conducted by the faculty member. Yet, when restraint is placed by a provost or dean that infringes on a faculty member’s free speech, the First Amendment normally protects faculty members only at public institutions. [p. 275]. Hence, it is different at a private institution, the First Amendment would be void and not apply to the faculty member, but the institution does consider the contract law situation. [p. 276]. Private institutions do have legal rights that are protected, and the state governments have created statutory rights that are enforced against private institutions. [p.44].
In the instance of freedom of speech, it can have a bridge to the First Amendment which is a rod of protection for the expression of an individual. That is what differentiates the protections from a public institution when compared to a private institution. Working at a private institution, the variables even though they are the same will differ when it comes to the way a faculty member can be protected. Freedom of speech is important to the history of higher education because colleges and universities in the United States have contributed to the civic good of democracy by expressing their voice to stand up for what they believe in. This is what has given many a voice when they see what good it has done for many areas in higher education. (Nelson, 2002).
For example, there have been many talks about implementing diversity and inclusion in academia. Expressing this topic has been vocal by many faculty members and even students when they are using their freedom of speech methods. At my current employer, which is a private Christian liberal arts institution, diversity month is in October. Annually, the international day is hosted, all races and cultures are celebrated, and freedom of speech happens that entire day. It helps both students, faculty, and staff become more aware of the expressions of free speech amongst different cultures and ethnicities. This is a huge change to institute cultural freedom of speech awareness to everyone.
Therefore, free speech has evolved and changed since attending a public or private college in the early 1900s. The case for a speaker’s intent can be questioned especially if the speech is intimidating and harmful at best. Again, it can vary at both a public institution and a private institution. Should free speech be examined to see whether or not the intent was harmful to some? Can the speaker’s intent be questioned, and should there be a consequence if the intent was knowingly or unknowingly? These are some questions that validate the First Amendment at a public institution. Yet, when reviewing these questions at private institutions it has to be apparent that following the contract laws and regulations of that law can be examined.
Moreover, in our society today we have really advanced our technologies and the way we learn. Free speech is something that we can use within higher education, from social network platforms, traditional institutions, and in online higher education environments. This has helped with the spread of free speech when students have the opportunity to express themselves. The goal is to share the body of environments in a virtual format. With the current Covid 19 pandemic, most of the face to face instruction has changed the way we learn. The learning is mainly online at various universities across the globe to help the spread.
Having the freedom of speech even virtually is what matters today because social interaction within an online higher education environment is done in discussion boards, emails, and even in virtual seminars. This helps with Free speech efforts and students can learn to adapt their sense of free speech and social status by communicating regularly in a virtual way. Time and space via the LMS platform format have been ideal for many. The next phase of free speech has become a genuine concept for many college students. In an online environment, the concept of acceptance and invisibility can occur. The instance of implementing a digital platform with diversity and free speech has been a difficult task. (Lawrence, 2018).
Many institutions took a step towards implementing this very concept at universities and colleges and following up with it in a very meaningful way. Yet how can diversity coexist with free speech in the 21st century? In our society, there have been so many divisive techniques to keep us angered and bothered by the negative impacts of the mainstream media. Furthermore, college campuses have become a haven for shouting matches, and students were judged for their ideas on a topic during free speech like political and environmental like climate change. The trouble with communication in society is that free speech in America is becoming not a form of expression but a form of suppression by social media giants such as Facebook and Twitter. Never in my life did I for once think that would happen in the United States but it has. There is always an opportunity to have free speech on campus and the expression of a valid thought.
On the other hand, free speech will in one form or another continue to evolve. The platform may change, and the style of our free speech will change but one will hope that free speech will continue to be a part of the First Amendment. This is how individuals are protected and have the freedom to speak their minds applicable to the topics that they feel so strongly about. This will help us as people foster the realms of reality and critical thinking.
In conclusion, free speech is protected in higher education particularly by the First Amendment at public colleges and universities across the continental United States. It is also protected but in a different format at private institutions that can be guarded by contract laws and regulations. Free speech is something that each individual no matter what ethnicity, race, or creed can value and be proud of. In addition, some of the censorships that have happened with social media for a political candidate that Facebook and Twitter support make us question that every aspect.
Will free speech in our society survive? Will free speech in higher education be targeted next? How can we save free speech and what it has done for our society? Free speech has created movements, clubs, organizations not only at the academic level but also at our socio-economic level as well. The annals of the way one communicates change and helps us grasp the essence of thought on what we wholeheartedly believe in and what we have to do to uphold the very essence of liberty and justice for all.
References
Chong, D., & Levy, M. (2018). Competing norms of free expression and political tolerance. Social Research, 85(1), 197-227. Retrieved from https://proxy.cecybrary.com/login?url=https://www-proquest-com.proxy.cecybrary.com/docview/2157692715?accountid=26967
Kaplin, W. A. & Lee, B. A. (2014). The Law of Higher Education (5th ed) Student Version. San Francisco, California: Josey-Bass, Publishers.
Kendrick, L. (2014). Free speech and guilty minds. Columbia Law Review, 114(5), 1255-1295. Retrieved from https://proxy.cecybrary.com/login?url=https://www-proquest-com.proxy.cecybrary.com/docview/1792172208?accountid=26967
Goldberg, S. B. (2018). Free expression on campus: Mitigating the costs of contentious speakers. Harvard Journal of Law and Public Policy, 41(1), 163-186. Retrieved from https://proxy.cecybrary.com/login?url=https://www-proquest-com.proxy.cecybrary.com/docview/2062628863?accountid=26967
Lawrence, P. G. (2018). When core values collide: Diversity, inclusion, and free speech. Liberal Education, 104(2), 14-19. Retrieved from https://proxy.cecybrary.com/login?url=https://www-proquest-com.proxy.cecybrary.com/docview/2075727715?accountid=26967
Nelson, S. J. (2002). College presidents: Voices of civic virtue and the common good of democracy. Journal of Leadership Studies, 8(3), 11-28. Retrieved from https://proxy.cecybrary.com/login?url=https://www-proquest-com.proxy.cecybrary.com/docview/203150403?accountid=26967