Free Speech versus Education: What’s the Line?
In Spring 2024, protests on college and university campuses captured headlines across the country. Protestors claimed they were exercising their free speech rights. Colleges and some students said the protests were disrupting school operations and negatively affecting students’ access to their education.
These aren’t simple issues. The line between one person’s right to free speech and another person’s right to an education isn’t clear.
Colleges and universities racked up hundreds of thousands of dollars in costs from the protests and now face lawsuits from both protestors and students. Schools are also now instituting policies to prevent a repeat of Spring 2024.
Students have a right to an education. They also have the right to protest. If your college or university is interfering with either of these rights, contact the Education Law Team at the LLF National Law Firm. Call us at 888-535-3686 or fill out our online form.
Time, Place, and Manner Restrictions
One example of these new policies to limit protests is with the University of California. The UC system had some of the highest-profile protests, including an encampment that limited access to parts of the campus. In response, the UC Regents have enacted rules that ban encampments, blocking access to the campus , and use of masks to conceal the protestor’s identity.
The state’s other major higher education system, California State University, is set to pass similar measures. CSU is referring to their policy as time, place, and manner restrictions, which the United States Supreme Court has generally allowed in the context of free speech protection.
This doesn’t mean these new policies, or similar policies at other colleges or universities, don’t overreach. Colleges and universities are attempting to balance academic freedom, freedom of expression, and the safety of members of the campus community.
What These Policies Mean for Students
Moving forward, students may find that these new policies overly restrict their ability to protest and exercise their right to free speech. This can include schools instituting disciplinary actions against students who are simply exercising their First Amendment rights.
Students facing disciplinary action should take such allegations seriously. Disciplinary action can affect not just your time in school but also your opportunities in school and after you graduate. To avoid accusations of infringing on free speech, schools may also accuse a student of disorderly conduct.
On the other side of the coin, these policies may not be enforced or may be too lenient. In this situation, students may find their access to their education disrupted. They may have difficulty getting to class or other campus buildings. They may be harassed for refusing to protest and not feel safe.
If a protest is causing harm to other students, those students can and should have avenues to address the damage done to them or their education. Harm isn’t just physical violence. It can also be bullying, stalking, harassment, and online harassment.
Protect Your Education
All students have the right to both exercise their First Amendment rights and attend school free of fear of harm or harassment. Policies such as the University of California’s are intended to balance between these two interests, but the real test is when they are put into practice.
If you’re a student and you’re either facing disciplinary action due to a school infringing on your First Amendment rights or having your education interrupted, contact the Education Law Team at the LLF National Law Firm. Call us at 888-535-3686 or fill out our online form.