Do North Carolina Students Have Freedom of Speech?

Do North Carolina Students Have Freedom of Speech? A Review of Campus Speech Codes Jenna Ashley Robinson TheThe peculiar peculiar evilevil of This report examines the speech, assembly, and religious protections for students and faculty at North silencingof silencing the theexpression Carolina’s universities—both public and private. ofexpression an opinion of is, an that it is It consists of three sections: first, an examination robbingopinion the humanis, that itrace; is posterity of the importance of First Amendment rights to robbing the human race; educational objectives; second, an explanation of the as well as the existing generation; methodology for measuring rights violations; and third, posterity as well as the those who dissent from the a school-by-school rating based on university policies existing generation; those that restrict freedom of speech and association. opinion, still more than those who who dissent from the opinion, For this project, the Pope Center worked in conjunction holdstill it. more If the than opinion those iswho right, they with the Foundation for Individual Rights in Education arehold deprived it. If the of opinion the opportunity is right, of (FIRE), a nonprofit educational organization in Philadelphia, Pennsylvania. This report uses FIRE’s exchangingthey are deprived error for of truth:the if wrong, speech code rating system to judge the speech theyopportunity lose, what of exchangingis almost as great policies at North Carolina colleges and universities. error for truth: if wrong, a benefit, the clearer perception they lose, what is almost as Why Is Speech Important? and livelier impression of truth, great a benefit, the clearer America’s colleges and universities are supposed to be strongholds of classically liberal ideals including producedperception by andits collisionlivelier with error. the protection of individual rights and openness to impression of truth, produced — John Stuart Mill, On Liberty, 1859 debate and inquiry. The development of critical minds by its collision with error. demands that universities act as marketplaces of ideas—even unusual or unpopular ideas. Such a — John Stuart Mill, On Liberty, 1859 marketplace can exist only where universities protect FEBRUARY 2010 constitutional rights to speech, religion, and assembly • UNC Greensboro “will not tolerate any harassment Some private institutions—religious institutions such students are prohibited from “broadcasting unsolicited on campus. of, discrimination against, or disrespect for persons.” as Belmont Abbey or Southeastern Baptist Theological messages, by repeatedly sending unwanted mail, or by Seminary—have particular missions that require using someone else’s name or [user ID].” Protecting students’ First Amendment rights promotes • Bennett College for Women defines sexual restrictions on speech. FIRE’s website explains, “when liberal learning by: harassment to include “behavior that suggests More information is available about FIRE’s speech a private university states clearly and consistently that disgust or disdain for a different life style or different code rating system at theFIRE.org. • Increasing intellectual diversity on campus. it holds a certain set of values above a commitment to cultural values.” freedom of speech, FIRE does not rate that university.” • Fostering respectful dialogue between faculty, Conclusion • Cabarrus College for Health Sciences prohibits These restrictions on speech reflect the diversity of students, and administrators—regardless of their students from using email to send “chain letters, institutions that is an essential strength of American This report illustrates the unfortunate reality that political and religious beliefs. letter-bombs, inappropriate jokes, or spam.” higher education. North Carolina’s institutions of higher education are, • Allowing students to question and test received in many cases, failing to uphold their promises of free • Davidson College bans “innuendoes,” “teasing,” Other private schools advertise their commitments wisdom and to put forward controversial and expression, assembly, and religion to students and “jokes,” and “comments or inquiries about dating.” to free speech, but then proceed to dishonor those unpopular opinions, whether offensive or not, and commitments by placing restrictions on student and faculty. In fact, no institutions in North Carolina have without fear of academic consequences. • Livingstone College prohibits any conduct or faculty expression. For example, Duke University “green light” ratings. expression that is “offensive or annoying to others.” claims, “The University cherishes freedom of But universities often deny students and faculty their expression, the diversity of values and perspectives The information contained in this report was gathered from the schools’ fundamental rights—and thus fail in their educational To find out the specific speech code violations at websites and from printed materials and was last checked in October inherent in an academic institution, the right to 2009. missions. According to FIRE, “The university setting is each North Carolina college or university, go to acknowledgment, and the value of privacy for all where students are most subject to the assignment popecenter.org/FIREratingsnc. members of the Duke community.” The school’s of group identity, to indoctrination of radical political computing and electronic communications policy Azhar Majeed, associate director of legal and orthodoxies, to legal inequality, to intrusion into private FIRE’s Speech Code Rating System public advocacy for FIRE, provided research (among others) violates that commitment, however; assistance for this project. conscience, and to assaults upon the moral reality of individual rights and responsibilities.” The Foundation for Individual Rights in Education defines a “speech code” as any university regulation Some university policies may look like rules to protect or policy that prohibits expression that would be decorum or foster good manners, but they are often so protected by the First Amendment in society at large. RED LIGHT A “red light” institution has at least one policy that both clearly and substantially broad that they can stifle the free exchange of ideas. Any policy—such as a harassment policy, a student restricts freedom of speech. A “clear” restriction is one that unambiguously infringes on what is or Words like “innuendoes,” “teasing,” “inappropriate,” conduct code, or a posting policy—can be a speech should be protected expression. A “substantial” restriction on free speech is one that is broadly and “disdain” (found below) can become tools for code if it prohibits protected speech or expression. applicable to important categories of campus expression. repression of free expression. FIRE applies its speech code rating system equally to The Pope Center believes that one way to combat public and most private universities. The FIRE website YELLOW LIGHT A “yellow light” institution has some policies that could ban or excessively these trends is to expose illiberal university policies explains, “while private institutions are not directly regulate protected speech. The colleges and universities that earn yellow lights may have policies and practices to public criticism. legally bound to uphold the Constitution, those that that restrict a significant amount of protected expression. promise debate and freedom are morally bound…to The following are examples of policies in force at uphold the fundamental principles of free speech and North Carolina’s colleges and universities: of academic freedom, principles that underlie the First GREEN LIGHT If FIRE is unable to find a policy that seriously imperils speech, a college or • Campbell University prohibits “obscene or Amendment.” Therefore, FIRE makes no distinction university receives a “green light.” A green light does not indicate that a school actively supports indecorous language or conduct indicating his/her between public universities and those private free expression. It simply means that FIRE is not currently aware of any serious threats to students’ disapproval of any matter.” universities that advertise themselves as centers of free speech rights in the policies on that campus. liberal learning. Source: The Foundation for Individual Rights in Education (FIRE) 2 DO NORTH CAROLINA STUDENTS HAVE FREEDOM OF SPEECH? A REVIEW OF CAMPUS SPEECH CODES POPE CENTER SERIES ON HIGHER EDUCATION FEBRUARY 2010 3 FIRE’s Free Speech Ratings of North Carolina Private and Public Colleges PRIVATE INSTITUTION LOCATION RATING PUBLIC INSTITUTION LOCATION RATING Barber Scotia College Concord l Appalachian State University Boone l Barton College Wilson l East Carolina University Greenville l Belmont Abbey College Belmont l* Elizabeth City State University Elizabeth City l Bennett College for Women Greensboro l Fayetteville State University Fayetteville l Brevard College Brevard l NC A&T State University Greensboro l Cabarrus College of Health Sciences Concord l North Carolina Central University Durham l Campbell University Buies Creek l North Carolina School of the Arts Winston-Salem l Catawba College Salisbury l North Carolina State University Raleigh l Chowan University Greensboro l UNC Asheville Asheville l Davidson College Davidson l UNC Chapel Hill Chapel Hill l Duke University Durham l UNC Charlotte Charlotte l Elon University Elon l UNC Greensboro Greensboro l Gardner-Webb University Boiling Springs l* UNC Pembroke Pembroke l Greensboro College Greensboro l UNC Wilmington

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