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Does North Carolina’s Neutrality Bill Leave a Vague Gray Area Rife With Risk?

Posted by Joseph D. Lento | Aug 14, 2023 | 0 Comments

Institutions of higher education are commonly a hotbed of activism. Although political speech and activity on college campuses is nothing new, the number of newsworthy instances appearing on national television is. States throughout the union have scrambled to provide a safe space for political speech as well as managing the public outcry against certain rhetoric. North Carolina is the latest to change laws regarding free speech on public campuses with the "Neutrality Bill," and college employees could be caught in the crossfire.

North Carolina Seeks Common Ground With Neutrality Bill

Current North Carolina law states that public colleges and universities "may not take action, as an institution, on the public policy controversies of the day in such a way as to require students, faculty, or administrators to publicly express a given view of social policy." However, legislators sought to "strengthen" the language as institutions of higher education grow in their political efforts.

Passed with the state legislature's unanimous approval, the Neutrality Bill clarifies that North Carolina's public colleges and universities "shall remain neutral, as an institution, on the political controversies of the day." The revision doesn't prevent students, faculty, and other school staff members from expressing their personal beliefs, political or otherwise, nor does the school have the right to influence the aforementioned. The Neutrality Bill reigns in state institutions' ability to hold a university-wide view on a controversial matter.

Public Universities Steered Away From Social Media Tensions

Much like teachers and other school staff, colleges and universities are eager adopters of the wide array of social media platforms. They allow greater information dissemination to the public that finds them. Yet, it does present a risk.

For instance, it's not uncommon for a university to publish a post voicing an opinion on public policy. Regardless of the situation of political stance for or against it, such an expression by an institution of higher education is prohibited under North Carolina's Neutrality Law. But is there a gray area hidden between the lines?

Learn the Potential School Employee Risk From the Lento Law Firm

Critically, the Neutrality Law fails to specify what exactly are "the political controversies of the day." While the law puts the brake on public colleges and universities attempting to enter the public arena with speech, that could mean employees are caught in the middle. For example, an academic department head, coach, or facility manager expressing their own beliefs and views could be considered acting in the institution's will. Even though First Amendment freedoms provide an outlet for expression, sometimes it seems like constitutional protections are left outside the university gates.

If you fear losing your position at a North Carolina public college or university or cannot fully express your beliefs or views following the passing of the Neutrality Act, there's help at hand. Contact the Lento Law Firm online or call 888-535-3686 to get assistance. Its Education Law Team will ensure that you are protected against protective school administration boards, and you can communicate your personal views without fearing job loss.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients nationwide. Attorney Lento and his team represent students and others in disciplinary cases and various other proceedings at colleges and universities across the United States. Attorney Lento has helped countless students, professors, and others in academia at more than a thousand colleges and universities across the United States, and when necessary, he and his team have sought justice on behalf of clients in courts across the nation. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. In various capacities, the Lento Law FIrm Team can help you or your student address any school-related issue or concern anywhere in the United States.

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