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Politics, Higher Education, and the First Amendment

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Georgia State University ScholarWorks @ Georgia State University Educational Policy Studies Dissertations Department of Educational Policy Studies Spring 5-15-2020 More than Free Speech: Politics, Higher Education, and the First Amendment Kristina Clement Follow this and additional works at: https://scholarworks.gsu.edu/eps_diss Recommended Citation Clement, Kristina, "More than Free Speech: Politics, Higher Education, and the First Amendment." Dissertation, Georgia State University, 2020. https://scholarworks.gsu.edu/eps_diss/224 This Dissertation is brought to you for free and open access by the Department of Educational Policy Studies at ScholarWorks @ Georgia State University. It has been accepted for inclusion in Educational Policy Studies Dissertations by an authorized administrator of ScholarWorks @ Georgia State University. For more information, please contact [email protected]. ACCEPTANCE This dissertation, MORE THAN FREE SPEECH: POLITICS, HIGHER EDUCATION, AND THE FIRST AMENDMENT, by KRISTINA MICKEL CLEMENT, was prepared under the direction of the candidate’s Dissertation Advisory Committee. It is accepted by the committee members in partial fulfillment of the requirements for the degree, Doctor of Philosophy, in the College of Education & Human Development, Georgia State University. The Dissertation Advisory Committee and the student’s Department Chairperson, as representatives of the faculty, certify that this dissertation has met all standards of excellence and scholarship as determined by the faculty. ________________________________ Deron Boyles, Ph.D. Committee Chair ________________________________ ________________________________ Robert Baker, Ph.D. Chara Bohan, Ph.D. Committee Member Committee Member ________________________________ Joyce King, Ph.D. Committee Member ________________________________ Date ________________________________ Jennifer Esposito, Ph.D. Chairperson, Department of Educational Policy Studies ________________________________ Paul Alberto, Ph.D. Dean, College of Education & Human Development AUTHOR’S STATEMENT By presenting this dissertation as a partial fulfillment of the requirements for the advanced degree from Georgia State University, I agree that the library of Georgia State University shall make it available for inspection and circulation in accordance with its regulations governing materials of this type. I agree that permission to quote, to copy from, or to publish this dissertation may be granted by the professor under whose direction it was written, by the College of Education & Human Development’s Director of Graduate Studies, or by me. Such quoting, copying, or publishing must be solely for scholarly purposes and will not involve potential financial gain. It is understood that any copying from or publication of this dissertation which involves potential financial gain will not be allowed without my written permission. KRISTINA MICKEL CLEMENT NOTICE TO BORROWERS All dissertations deposited in the Georgia State University library must be used in accordance with the stipulations prescribed by the author in the preceding statement. The author of this dissertation is: Kristina Mickel Clement Educational Policy Studies College of Education & Human Development Georgia State University The director of this dissertation is: Deron Boyles, Ph.D. Department of Educational Policy Studies College of Education & Human Development Georgia State University Atlanta, GA 30303 CURRICULUM VITAE Kristina Mickel Clement ADDRESS: P.O. Box 3972 Atlanta, GA 30302-3972 EDUCATION: Ph.D. 2020 Georgia State University Educational Policy Studies M.S. 2001 Miami University College Student Personnel B.A. 1999 Winthrop University History, Political Science PROFESSIONAL EXPERIENCE: 2016-present Director of Leadership Programs Georgia State University 2013-2016 Associate Director of Leadership Development Georgia State University 2009-2013 Assistant Director of Leadership Development Georgia State University 2007-2009 Area Coordinator, University Housing Georgia State University 2004-2007 Area Manager, Housing Georgia Institute of Technology 2001-2004 Residence Life Coordinator, Housing Georgia Institute of Technology PRESENTATIONS AND PUBLICATIONS: Clement, K.C. and Mazique, J. (2002, March). Wounding Words: Balancing Diversity, Inclusion, and the First Amendment. National Association of Student Personnel Administrators, Austin, Texas. Clement, K. C. (2020, March). It All Started with a Trash Can: The 1992 Student Sit-In and Protest at Georgia State University. Southern History of Education Society, Columbia, South Carolina. Clement, K. C. (2019, February). The Conservative Defense of Free Speech on Georgia Campuses. Southeast Philosophy of Education Society, Decatur, Georgia. Clement, K. C., and Crass, S. (2014, December). Applied Chaos: Connecting Career and Leadership Development. Leadership Educators Institute, Fort Worth, Texas. Clement, K. C., and Rose, E. (2011). Becoming Involved: Being a Leader. In GSU 1010: New Student Orientation, edited by N. Haydel and N. Huot. Plymouth, Michigan: Hayden- McNeil Publishing. Linder, K., and Clement, K. C. (2011). Why Do Student Affairs Educators Struggle to Set Professional Boundaries? In Contested Issues in Student Affairs: Diverse Perspectives and Respectful Dialogue, edited by P. M. Magolda and M. B. Baxter Magolda. Sterling, Virginia: Stylus Publishing. PROFESSIONAL SOCIETIES AND ORGANIZATIONS 2019-Present Southeast Philosophy of Education Society 2019-Present National Association of Student Personnel Administrators 2020-Present Southern History of Education Society MORE THAN FREE SPEECH: POLITICS, HIGHER EDUCATION AND THE FIRST AMENDMENT by KRISTINA MICKEL CLEMENT Under the Direction of Deron Boyles, Ph.D. ABSTRACT Despite assertions that the First Amendment is under attack on college campuses in the United States of America, evidence suggests that students today have more freedom to exercise their constitutional rights on campus than at any time in history. Prior to the 1960s, colleges operated within the doctrine of in loco parentis, which significantly limited students from participating in protests or other behaviors deemed inappropriate by faculty or administrators. The end of in loco parentis coincided with an increase in campus activim during the 1960s with students actively involved in the civil rights movement and protests against the Vietnam War. The students’ calls for a more just society were viewed as a threat to the status quo and conservative forces began an active campaign to discredit student activism. During the Nixon administration, student activism became a target for conservative politicians. Student activism was framed by conservatives as “campus unrest” and colleges and universities were derided by conservative politicians for “indoctrinating” students with liberal ideals and failing to manage “campus unrest.” Meanwhile, campus administrators were struggling to create campuses that were open and inclusive of increasingly diverse student populations. In subsequent years, the steps taken by campus administrators to limit racial and sexual harassment would be challenged by conservatives for limiting the First Amendment rights of students. Since the 1960s, conservative politicians, businesses, and organizations have successfully utilized the media, the courts, and the legislatures to create a narrative of higher education as hostile to the First Amendment. Today, campus administrators continue to struggle to find a balance between the goals of diversity and inclusion and the First Amendment rights of students. INDEX WORDS: Higher Education, Students, Activism, First Amendment MORE THAN FREE SPEECH: POLITICS, HIGHER EDUCATION, AND THE FIRST AMENDMENT by KRISTINA MICKEL CLEMENT A Dissertation Presented in Partial Fulfillment of Requirements for the Degree of Doctor of Philosophy in Social Foundations of Education in Educational Policy Studies in the College of Education & Human Development Georgia State University Atlanta, GA 2020 Copyright by Kristina Mickel Clement 2020 For my girls, Emma, Charlotte, Cristina, and Ella, May you never be afraid to use your voice. ii ACKNOWLEDGMENTS I would like to acknowledge my mentor and friend, Dr. Peter Magolda, for believing in my potential as a scholar long before I was able to see it in myself. He recommended Student Resistance, which was the first book I read on this topic, and encouraged me to seek this degree. I would like to thank my committee members for their support and encouragement throughout this process. Sitting in classes with Dr. Boyles for the last several years has expanded my thinking about what it means to be an educator. His knack for asking seemingly simple questions that are never easy to answer has given me more than one headache, but also helped me to become a better scholar and thinker. I appreciated Dr. Baker’s enthusiasm for my topic and for steering me in the direction of examining the role of the courts in the First Amendment on college campuses. Dr. Bohan’s love of history is contagious and I appreciated her willingness to support my work before I even knew what direction I was headed in. Finally, Dr. King has challenged me to expand my thinking about who has historically had access to higher education and how that influences their role in activism within higher education. Dr. King is a wealth of knowledge and I looked forward to her emails with new sources to examine and consider in my research. While the research process can at times feel lonely, the support of
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