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Growing Institutional Neutrality Policies May Create Barriers to Campus Free Speech

Posted by Joseph D. Lento | Jan 24, 2025 | 0 Comments

College campuses have long been hotbeds of discussion and spirited debate. Yet, in an era where institutional neutrality policies are increasingly adopted, students and employees may find their voices—on issues ranging from political activism to social justice—constrained. Although aimed at promoting inclusivity and avoiding bias, implementation can leave many questioning whether they can freely express themselves. If you are affected by your school's neutrality policy, call the Lento Law Firm Student Defense Team at 888-535-3686 or fill out our confidential consultation form now.

What Are College Neutrality Policies?

Institutions that adopt neutrality policies seek to maintain an impartial stance on political, social, or cultural issues within the campus community or toward the public. Nevertheless, schools can have varying degrees of neutrality. For instance, some schools apply their policy to statements made by leadership or administrators, such as the president or board of trustees. Others have specific departments or groups within the institution that decide to remain neutral on particular topics or all. More commonly, it's applied to the total actions of the institution and its academic, athletic, and administrative departments.

Advocates for neutrality policies argue that they protect academic freedom and the institution's missions. However, not everyone agrees, as a college's school or department choosing to make (or not make) a statement can isolate students and employees who don't agree and can even be seen as an abdication of leadership.

When Neutrality Threatens Free Speech

College neutrality policies can threaten free speech by creating an environment where expressing certain viewpoints—even those made personally—risk being seen as an institutional endorsement. For example, a student leader or college professor posting a comment on social media can be construed as a college-sponsored statement.

In 2024, the University of Michigan became one of the latest colleges to adopt institutional neutrality, meaning official statements won't critique current affairs that don't affect its direct interests. Despite its amicable objective, it can lead to self-censorship for fear their opinions might be interpreted as biased or violating the institution's policy.

Moreover, while decisions about neutrality are often left to university administrators, state lawmakers are increasingly mandating such policies. In 2024, seven state legislatures introduced bills to require institutional neutrality, three of which became laws in Indiana, Iowa, and Utah. State laws often use vague or catch-all language, with the legislature becoming the sole moderator of appropriate institutional language, creating even more barriers to unfettered free speech.

How Can the Lento Law Firm Student Defense Team Help?

Whether colleges, universities, or state legislatures seek to quell the potential for biased language, students and school employees are typically the first to endure consequences. Climates fueled by self-censorship not only stifle an individual's right to free speech and undermine a school's educational mission, but they also significantly increase the possibilities of unfair accusations and harsh discipline.

The Lento Law Firm Student Defense Team understands the confusion students and college employees feel when schools and state lawmakers move to implement institutional neutrality policies. College campuses should remain a place to promote debate and discussion among all walks of life and not become a focus for discipline. Our team will uphold your right to free speech and are prepared to defend you against institutional discipline. Call the Lento Law Firm Student Defense Team now at 888-535-3686 or fill out our confidential consultation form.

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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