Balancing the First Amendment and Students’ Safety – Roll Call
When Zachary Wood arrived at Williams College his freshman year, he had high hopes for an academic environment that challenged his views. Now going into his senior year, Wood says he has faced backlash from students and administrators for inviting controversial speakers to campus.
Wood appeared before the Senate Judiciary Committee on Tuesday, part of a panel discussing free speech on college campuses.
Wood describes himself as a liberal Democrat, but he brought provocative speakers representing diversepolitical ideologies to campus. He wanted to expose students to ideas they disagree with.
One such speaker invitation prompted the Williams College administration to cancel the event and revise the campus speaker policies.
Wood said this was impermissible, undemocratic, and antithetical to the intellectual character of the college
Williams College is not alone in disinviting speakers. The Foundation for Individual Rights in Education (FIRE) has tracked attempts to disinvite college speakers since 2000. It documented an upward trend. In 2016, FIRE recorded 43 incidents in which students or administrators attempted to cancel a planned speech.
Senator Ted Cruz lambasted college administrators for acting as speech police.
If universities become homogenizing institutions that are focused on inculcating and indoctrinating rather than challenging, we will lose what makes universities great, Cruz said.
The issue of disinviting speakers gained national attention in February when violent protests broke out at the University of California, Berkeley in response to a scheduled talk by alt-right provocateur Milo Yiannopoulos.
More recently, Berkeley cancelled a talk by commentator Ann Coulter amid more threats of protest.
Ranking Democrat Sen. Dianne Feinstein pointed to these violent demonstrations as justification for college administrators cancelling speeches. The senator from California said university police forces often do not have the training and resources needed to handle these situations.
Feinstein argued that Berkeley has a right to protect its students from demonstrations once they become acts of violence.
While there was consensus among panel members on the importance of free speech on campus, the issue came to the application of that right in practice.
UCLA Law professor Eugene Volokh said it was important to punish violent protesters to ensure that they dont continue to disrupt speeches. He said this will sometimes require bringing in more law enforcement.
If you violate the law and by this I mean laws against vandalism, laws against violence, laws against physically shouting people down, then in that case you will be punished rather than having your goals be achieved, Volokh said.
Feinstein pushed back on the suggestion of more law enforcement to control college protests. She asked whether any lessons were learned fromthe 1970 Kent State shooting, in which Ohio National Guardsmen shotand killed four students and injured nine others.
Frederick Lawrence, secretary and CEO of the Phi Beta Kappa Society, said colleges must start with a strong presumption in favor of the speech but make judgements based on the circumstances. As a former president of Brandeis University, Lawrence said it is greatly exaggerated to expect colleges to have the resources to deal with all types of violent protests.
Lawrence said that no matter the speakers beliefs, colleges should find ways to host the event. He suggested making speeches private events if needed, closed to people outside the university community.
Over the past few months, several states have taken up the issue of free speech on campus. A bill passed the North Carolina House in April that would ensure public universities be open to all speakers. It also would require sanctions on protesters who disrupt events.
Panelist Floyd Abrams, a prominent First Amendment lawyer, said he was apprehensive about state legislatures getting too close to the university campuses. Abrams said state legislatures should not dictate what colleges can teach or cannot teach.
On the federal level, a bipartisan resolution calling for the protection of free speech was introduced in the U.S. House of Representatives in May. If passed, the resolution would condemn university free speech zones and restrictive speech codes. The Senate does not have any similar legislation.
Calling himself a small government guy, Sen. Ben Sasse said he wants to see as little of this adjudicated by coercion and power and possible. The Nebraska senator and former college president called on college administrators to defend free speech on their campuses.
Following the hearing Sen. John Kennedy agreed with Sasse, making clear to reporters that federal intervention was not needed to solve the problem.
I dont want the government to have to come in and say this is acceptable and this isnt, Kennedy said. I want a university president to do his job and to have the guts to do it. And if he cant do it he ought to quit.
Get breaking news alerts and more from Roll Call on your iPhone or your Android.
Visit link:
Balancing the First Amendment and Students' Safety - Roll Call
- Here Is Why Harvard Argues That Trump's Funding Freeze Violates the First Amendment - Reason Magazine - April 25th, 2025 [April 25th, 2025]
- Thankfully, Larry David mocks Bill Maher First Amendment News 467 - FIRE | Foundation for Individual Rights and Expression - April 25th, 2025 [April 25th, 2025]
- No, Gov. Lombardo, nobody was being paid to exercise First Amendment rights - Reno Gazette Journal - April 25th, 2025 [April 25th, 2025]
- Letter from the Editor: The First Amendment shaped my time on the Hill - WKUHerald.com - April 25th, 2025 [April 25th, 2025]
- Analysis: Pro-Hamas speech is protected by the First Amendment - Free Speech Center - April 25th, 2025 [April 25th, 2025]
- Who Will Fight for the First Amendment? Protecting Free Expression at a Critical Time - - Center for Democracy and Technology - April 25th, 2025 [April 25th, 2025]
- What the Doxxing of Student Activists Means For the First Amendment - The Progressive - April 25th, 2025 [April 25th, 2025]
- Does Gov. Landrys bid to restrict attorney advertising violate the First Amendment? - Baton Rouge Business Report - April 25th, 2025 [April 25th, 2025]
- Harvard invokes First Amendment in US lawsuit over academic control - Times of India - April 25th, 2025 [April 25th, 2025]
- Fun with the First Amendment: Why Sarah Palins lawyers are happy, and why Deborah Lipstadt isnt - Media Nation - April 25th, 2025 [April 25th, 2025]
- The First Amendment Is Being Rewritten in Real Time - Rewire News Group - April 25th, 2025 [April 25th, 2025]
- Criminalizing the Assertion of First Amendment Rights - Law.com - April 25th, 2025 [April 25th, 2025]
- Massachusetts First Amendment case: Harmony Montgomerys custody hearing audio to be released - Boston Herald - April 25th, 2025 [April 25th, 2025]
- Harvard, Trump and the First Amendment: Will Others Follow Suit? - Law.com - April 25th, 2025 [April 25th, 2025]
- Executive Watch: The breadth and depth of the Trump administrations threat to the First Amendment First Amendment News 465 - FIRE | Foundation for... - April 12th, 2025 [April 12th, 2025]
- Rising Wave of Funders and PSOs Stand Up for the First Amendment Freedom to Give - Inside Philanthropy - April 12th, 2025 [April 12th, 2025]
- Clear commands of First Amendment precedent: Trump-appointed judge rejects government motion to stay court order allowing Associated Press back into... - April 12th, 2025 [April 12th, 2025]
- Distinguished lecture series on First Amendment at URI adds Visiting Professors of Practice Rhody Today - The University of Rhode Island - April 12th, 2025 [April 12th, 2025]
- Everything starts with a voice: Understanding the First Amendment - The Tack Online - April 12th, 2025 [April 12th, 2025]
- This is an all-out war on the First Amendment - mronline.org - April 12th, 2025 [April 12th, 2025]
- The lost right in the first amendment - The Tack Online - April 12th, 2025 [April 12th, 2025]
- Zero-tolerance laws on Tennessee school shooting threats raise First Amendment worries - The Tennessean - April 12th, 2025 [April 12th, 2025]
- Federal Judge Orders White House to Restore Access to AP, Citing First Amendment - Democracy Now! - April 12th, 2025 [April 12th, 2025]
- Does the First Amendment apply to the students in Texas who had their visas revoked? - Fort Worth Star-Telegram - April 12th, 2025 [April 12th, 2025]
- Guest Column: Detention of Tufts Student a Brazen Attack on the First Amendment - The Bedford Citizen - April 12th, 2025 [April 12th, 2025]
- KU students protest for First Amendment rights - The Washburn Review - April 12th, 2025 [April 12th, 2025]
- Trackergate: The First Amendment Fights Back as Schieve and Hartung Face the Music - Nevada Globe - April 12th, 2025 [April 12th, 2025]
- A friend's wedding, the First Amendment - Delta Democrat-Times - April 12th, 2025 [April 12th, 2025]
- Judge rules against White House in AP's First Amendment case - newscentermaine.com - April 12th, 2025 [April 12th, 2025]
- UMass Amherst library hosts webinar on the First Amendment and book banning - Massachusetts Daily Collegian - April 12th, 2025 [April 12th, 2025]
- Kansas Statehouse clownery has torn First Amendment to shreds. Who will tape it back together? - Kansas Reflector - March 18th, 2025 [March 18th, 2025]
- Is Mahmoud Khalil protected by the First Amendment? - CNN - March 18th, 2025 [March 18th, 2025]
- D.C. Media's Gridiron Dinner Features A Toast To The First Amendment --- And Not To The President - Deadline - March 18th, 2025 [March 18th, 2025]
- Mayors Threat to Close Miami Cinema Over No Other Land Screening Condemned by Film Groups as First Amendment Violation - Yahoo - March 18th, 2025 [March 18th, 2025]
- TSA Screeners' Union Sues the Trump Administration for Violating Its First Amendment Rights - Reason - March 18th, 2025 [March 18th, 2025]
- Kevin McCabe: Why defending the First Amendment means protecting the Second - Must Read Alaska - March 18th, 2025 [March 18th, 2025]
- Murder the Truth explores the campaign against the First Amendment - The Washington Post - March 18th, 2025 [March 18th, 2025]
- The Trump-Musk Administration Is Running Out of Ways to Ignore the First Amendment - Balls & Strikes - March 18th, 2025 [March 18th, 2025]
- From Gods to Google: DU Law Professor Sounds Alarm Over First Amendment and Technology Regulation - University of Denver Newsroom - March 18th, 2025 [March 18th, 2025]
- Intimidating abridgments and political stunts First Amendment News 461 - Foundation for Individual Rights and Expression - March 18th, 2025 [March 18th, 2025]
- Opinion | The Khalil case is a threat to First Amendment rights - The Washington Post - March 18th, 2025 [March 18th, 2025]
- Fallout from campus protests sparks debate on limits of the First Amendment - Spectrum News - March 18th, 2025 [March 18th, 2025]
- Troy Carico: Stabbing the First Amendment in the back in Alabama | - 1819 News - March 18th, 2025 [March 18th, 2025]
- Donald Trump Is Tearing Up The First Amendment - HuffPost - March 18th, 2025 [March 18th, 2025]
- Sorry Mahmoud Khalil, Aliens Do Not Have the Same First Amendment Rights as American Citizens - Immigration Blog - March 18th, 2025 [March 18th, 2025]
- BREAKING: Bill Nye to headline annual Loyolan First Amendment Week - Los Angeles Loyolan - March 18th, 2025 [March 18th, 2025]
- Spokane and Bonner county sheriff's offices can no longer hide or delete critical Facebook comments after First Amendment concerns, judges rule - The... - March 18th, 2025 [March 18th, 2025]
- Paula Rigano: Last time I checked, the First Amendment still stood - GazetteNET - March 18th, 2025 [March 18th, 2025]
- Trump is using antisemitism as a pretext for a war on the first amendment | Judith Levine - The Guardian - March 18th, 2025 [March 18th, 2025]
- Professor Can Continue with First Amendment Claim Over Denial of Raise for Including Expurgated Slurs on Exam - Reason - March 18th, 2025 [March 18th, 2025]
- Free Mahmoud Khalil and protect students exercising their First Amendment rights! - MoveOn's petitions - March 18th, 2025 [March 18th, 2025]
- Guy Ciarrocchi: The lesson from Covid the experts hate our First Amendment - Broad + Liberty - March 18th, 2025 [March 18th, 2025]
- Trump Administration Faces Growing Backlash Over First Amendment Concerns and Threats to Free Speech - Arise News - March 18th, 2025 [March 18th, 2025]
- The Lobby, Mahmoud Khalil & the First Amendment - Consortium News - March 18th, 2025 [March 18th, 2025]
- Expressive Discrimination: Universities' First Amendment Right to Affirmative Action Part 2 - Reason - March 3rd, 2025 [March 3rd, 2025]
- Inside Israel's Plan To Resume the War and 'Eradicate Hamas.' Plus, Trump's Press Pool Takeover Is Not an Assault on the First Amendment. - Washington... - March 3rd, 2025 [March 3rd, 2025]
- Expressive Discrimination: Universities' First Amendment Right to Affirmative Action - Reason - March 3rd, 2025 [March 3rd, 2025]
- OPINION: Attacking the First Amendment and America's free press - Midland Daily News - March 3rd, 2025 [March 3rd, 2025]
- Press pool takeover drowns First Amendment - Freedom of the Press Foundation - March 3rd, 2025 [March 3rd, 2025]
- First Amendment Victory! Wyoming Airport Agrees to Settlement After Rejecting PETA Ad - PETA - March 3rd, 2025 [March 3rd, 2025]
- Our View: Theres nothing murky about the First Amendment - Palestine Herald Press - March 3rd, 2025 [March 3rd, 2025]
- Ohio Universitys complicated history with the First Amendment and student expression - The New Political - March 3rd, 2025 [March 3rd, 2025]
- A free press makes a country free The First Amendment protects the liberty of all - Hawaii Tribune-Herald - March 3rd, 2025 [March 3rd, 2025]
- Whats the First Amendment Got to Do With It? The White Houses Associated Press Ban - Law.com - March 3rd, 2025 [March 3rd, 2025]
- Opinion | The First Amendment Isnt on Trumps Side - The Wall Street Journal - March 3rd, 2025 [March 3rd, 2025]
- Trump Tries To Carve Out a First Amendment Exception for 'Fake News' - Reason - March 3rd, 2025 [March 3rd, 2025]
- MTHS receives its 15th First Amendment Press Freedom Award - MLT News - March 3rd, 2025 [March 3rd, 2025]
- The White House takeover of the press pool is a brazen attack on the First Amendment - MSNBC - March 3rd, 2025 [March 3rd, 2025]
- Donald Trump violated the First Amendment when he barred The Associated Press from the White House - The Observer - March 3rd, 2025 [March 3rd, 2025]
- D.C.'s U.S. Attorney Is a Menace to the First Amendment - Reason - March 3rd, 2025 [March 3rd, 2025]
- Ominous Move to Strip Americans of First Amendment Rights - DCReport - March 3rd, 2025 [March 3rd, 2025]
- Editorial New York Daily News: A free press makes a country free The First Amendment protects the liberty of all - The Daily News Online - March 3rd, 2025 [March 3rd, 2025]
- Narrow Applicability Is Not the Same As Narrow Tailoring: Applying the First Amendment in First Choice Womens Resource Centers v. Platkin - The... - February 27th, 2025 [February 27th, 2025]
- More to Every Story: First Amendment rights and public events - KREM.com - February 27th, 2025 [February 27th, 2025]
- Trumps lawsuit barred by the First Amendment, pollsters team argues - The Washington Post - February 27th, 2025 [February 27th, 2025]
- Judge orders local newspaper to remove editorial; owner says this violates First Amendment rights - WLBT - February 27th, 2025 [February 27th, 2025]
- AP sues Trump officials over Oval Office ban, citing First Amendment - Axios - February 27th, 2025 [February 27th, 2025]
- A free press makes a country free: The First Amendment protects the liberty of all - New York Daily News - February 27th, 2025 [February 27th, 2025]
- Ilya Shapiro is back . . . with a new book First Amendment News 458 - Foundation for Individual Rights and Expression - February 20th, 2025 [February 20th, 2025]
- People exercising their First Amendment rights aren't 'wreckers' | Letters - South Bend Tribune - February 20th, 2025 [February 20th, 2025]