Universities Must Lead with First Amendment Education – Divided We Fall
It is an unfortunate truth that First Amendment rights have become increasingly politicized. Subsequently, there are more misconceptions about the First Amendment and a reluctance around exercising these rights.
Only 30% of college students know that most hate speech is protected under the First Amendment, according to a Knight Foundation survey. And the situation, it appears, is not improving. Heterodox Academy found that the percentage of students who reported they were reluctant to discuss politics went up from 32% in 2019 to 41% in 2020. Misconceptions compounded with reluctance to speak out serve only to deepen political divides and create further confusion about the First Amendment.
The First Amendment only pertains to stopping government censorship. Its main role is to protect citizens from institutional censorship and allow them to debate and find truths for themselves instead of being told by those in power what to believe. Because public universities are extensions of the government and most private schools commit themselves to upholding free speech rights, this intent should carry over to most college campuses.
In theory, preserving First Amendment rights should be a main priority for all students and a touchstone of bipartisan actions.
Contrary to this, the organization I work for, the Foundation for Individual Rights in Education (FIRE), sees cases of students calling on their universities to step in and censor other students and to institutionalize what is and is not allowed to be discussed on campus.From student governments denying recognition of controversial groups to students calling for speakers of every political background to be disinvited, we have seen it all. While the censorship direction may change from case to case, a common theme involves students leaning on their administrations to regulate speech they disfavor rather than embracing opportunities for discourse.
While there should be a larger push among high school educators to teach more about civics so that students do not enter college without a foundational knowledge of their rights (and, in fact, there are many resources to help with this), this does not leave universities off the hook.
To ensure an open and robust campus climate for free expression, incoming students need to understand the importance of exercising their First Amendment rights and respecting the rights of others from day one. Fortunately, there is a venue already in place where this education can occur: first-year student orientations and other first-year experience programming.
By utilizing some time during these programs, schools can get ahead of any future speech-related controversies and make sure their students have the correct understanding of their rights and tools for expressing themselves within the bounds of the First Amendment.
FIRE saw requests for assistance from students and faculty alleging rights violations increase from 654 in 2018 to 1,001 in 2020, and in 2020 our output of letters in support of faculty and students more than doubled from 2019. We know firsthand that this kind of education is desperately needed and will help to mitigate this new wave of censorship.
In fact, the legislatures of Alabama, Arizona, Arkansas, Louisiana, North Carolina, Ohio, Oklahoma, Tennessee, Texas, and West Virginia already require some amount of free speech education to be presented to new students. These requirements span from explicitly requiring first-year student orientations to directly address free expression (like in North Carolina) to only requiring students be given a copy of the schools policies (like in Texas).
Any such programming should have a strong emphasis not only on clearly communicating what is and is not protected under the First Amendment, but why the First Amendment is a tool for those on all parts of the political spectrum and programming should give students tools for expressing themselves.
While the First Amendment and the law should be taught in this venue, browbeating students with facts only goes so far. Universities should offer solutions students can utilize instead of asking their administrations to censor uncomfortable ideas. New students are typically much more eager to participate in campus culture, so offering them ways to use their voices such as writing op-eds, holding counter-protests, hosting round table discussions, and forming their own student groups during orientation programming is the perfect way to help channel their excited energy.
Additionally, while discussions about censorship on campus are often framed as Conservatives vs. Liberals, this framing does not capture the full picture of censorship on campus, and frankly, is not particularly helpful to students. Universities should be mindful of this when discussing free speech. The First Amendment is important to all political identities (even apolitical students), and schools should look to highlight instances of students coming together through bipartisan coalitions for common goals.
For example, in FIREs orientation materials (which were developed in partnership with New York Universitys First Amendment Watch), one story we chose to highlight is a case from the University of Rhode Island in which the universitys student senate refused to fund political or religious student groups because they were under the false impression that funding them would endanger the student senates tax-exempt status.This policy was abandoned only when five separate student groups who had been denied funding, including the campus chapters of the College Republicans and College Democrats, came together to challenge the discriminatory funding methods. These kinds of examples show how First Amendment rights allow students on all sides to stand up to those in power and prove that standing in solidarity with those you vehemently disagree with can be a powerful tool.
Given that most universities had to scramble to operate their orientations and first-year experience programming remotely or semi-remotely last year and given the hopeful atmosphere around being able to return to greater normalcy next fall, this is the perfect time to revisit these programs. Reinventing orientation to teach students to exercise their rights and foster a campus culture that values diversity of thought will help students not only get the most out of their college experience but create empowered citizens.
This article is part of Divided We Falls Constitutional Questions series, covering a range of political topics fundamental to the U.S. Constitution and democratic institutions. Through this series, we ask constitutional scholars, journalists, elected officials, and activists to discuss how these ideals are and are not implemented today. If you liked this piece, you can read more like it here.
Jackie Farmer
Jackie Farmer graduated in 2015 magna cum laude from Drexel University with Bachelor of Science degrees in political science and environmental studies. She began working for FIRE in 2014 as a Program Assistant via Drexels cooperative education program. She now serves as the Outreach Officer for FIREs Targeted Advocacy department. Jackies interest in free speech stems from her love of political satire and previous involvement in student activism.
See more here:
Universities Must Lead with First Amendment Education - Divided We Fall
- A free press is for all of us. Why I cover the First Amendment - The Tennessean - May 17th, 2026 [May 17th, 2026]
- First Amendment rights at center of clash between Pa. schools and students over ICE walkouts - LancasterOnline - May 17th, 2026 [May 17th, 2026]
- Letter to the Editor: An assault on the First Amendment - Brattleboro Reformer - May 16th, 2026 [May 16th, 2026]
- Re-Aligning Incentives in the Democratic Public Sphere - | Knight First Amendment Institute - May 13th, 2026 [May 13th, 2026]
- In Legal Dispute Over The View, ABC Argues Trump Administration Is Trying To Chill Free Speech - First Amendment Watch - May 13th, 2026 [May 13th, 2026]
- Appeals Court Spares Trump From Paying $83 Million Defamation Award to E. Jean Carroll For Now - First Amendment Watch - May 13th, 2026 [May 13th, 2026]
- Online Speech and Jawboning Hypocrisy: Does an Inglorious First Amendment Legacy Await Bondi and Noem? - American Enterprise Institute - AEI - May 13th, 2026 [May 13th, 2026]
- First Amendment rights at center of clash between Pa. schools and students over ICE walkouts - The Daily Item - May 13th, 2026 [May 13th, 2026]
- ABC accuses FCC of violating its First Amendment rights over its scrutiny of "The View" - CBS News - May 9th, 2026 [May 9th, 2026]
- ABC Accuses Government of Violating First Amendment - The New York Times - May 9th, 2026 [May 9th, 2026]
- Jane Fonda, Patti Smith, Rufus Wainwright to Gather in Celebration of the First Amendment in NYC - Rolling Stone - May 9th, 2026 [May 9th, 2026]
- FCC's warnings on political interviews 'chill' First Amendment, ABC says - Politico - May 9th, 2026 [May 9th, 2026]
- ABC Says FCCs Equal Time Crackdown On The View Chills Its First Amendment Rights - Deadline - May 9th, 2026 [May 9th, 2026]
- ABC accused the U.S. government of violating the First Amendment in a dispute with the FCC over The View. The networks argument is the most aggressive... - May 9th, 2026 [May 9th, 2026]
- ABC accuses government of violating First Amendment - Editor and Publisher - May 9th, 2026 [May 9th, 2026]
- ABC Accuses Trump Administration of Violating First Amendment with FCC's Pointed Attacks on The View - People.com - May 9th, 2026 [May 9th, 2026]
- Sen. Kelly First Amendment Case: Government Cannot Be Arbiter of Its Own Speech Restrictions - Cato Institute - May 9th, 2026 [May 9th, 2026]
- DCYF warning to union leader raises First Amendment concerns, ACLU says - Rhode Island Current - May 9th, 2026 [May 9th, 2026]
- ABC accuses the FCC of violating its first amendment rights - WQAD - May 9th, 2026 [May 9th, 2026]
- Local news and the First Amendment: Whats at stake - Roswell Daily Record - May 9th, 2026 [May 9th, 2026]
- Mark Kelly lawsuit: impact on First Amendment rights of retired veterans - KTAR News 92.3 FM - May 9th, 2026 [May 9th, 2026]
- ABC and Disney accuse Trump admin of violating First Amendment rights - The Verge - May 9th, 2026 [May 9th, 2026]
- ABC accuses FCC of violating the First Amendment in their attacks on 'The View': An overreach that "threatens to upend decades of settled... - May 9th, 2026 [May 9th, 2026]
- ABC alleges the FCC violated its First Amendment rights over 'The View' criticism - KBAK - May 9th, 2026 [May 9th, 2026]
- Disney-Owned ABC Accuses U.S. Government of Violating First Amendment - WDW News Today - May 9th, 2026 [May 9th, 2026]
- ADL Reports a Sharp Drop in US Antisemitic Incidents in 2025, Driven by a Steep Fall on Campuses - First Amendment Watch - May 9th, 2026 [May 9th, 2026]
- Bette Midler and Jane Fonda to Headline Protest Concert for the First Amendment in New York - TheWrap - May 9th, 2026 [May 9th, 2026]
- Rutgers University Withdraws Invite to a Graduation Speaker Over His Criticism of Israel - First Amendment Watch - May 9th, 2026 [May 9th, 2026]
- ABC alleges the FCC violated its First Amendment rights over 'The View' criticism - WKRC - May 9th, 2026 [May 9th, 2026]
- Patti Smith to take part in Rise Up, Sing Out: A Concert for the First Amendment - Everett Post - May 9th, 2026 [May 9th, 2026]
- ABC accuses FCC of chilling The View's First Amendment rights to be The View - AV Club - May 9th, 2026 [May 9th, 2026]
- James Comey Faces New Indictment With First Amendment Implications: What You Need to Know - Freedom Forum - May 5th, 2026 [May 5th, 2026]
- Supreme Court First Choice ruling crushes lawfare in win for First Amendment - Washington Examiner - May 5th, 2026 [May 5th, 2026]
- Letter: Exercising the First Amendment - The Daily News of Newburyport - May 5th, 2026 [May 5th, 2026]
- Celebrating the Power of Music and the First Amendment at Freely Fest - Freedom Forum - May 5th, 2026 [May 5th, 2026]
- Trump uses assassination attempt to justify his assault on first amendment rights to free speech - The Conversation - May 3rd, 2026 [May 3rd, 2026]
- The GUARD Act Undermines the First Amendment and Parental Choice - R Street Institute - May 3rd, 2026 [May 3rd, 2026]
- Art by Telephone, Art by Algorithm: Expression, AI, and the First Amendment - - Center for Democracy and Technology - May 3rd, 2026 [May 3rd, 2026]
- The first amendment shall prevail: Plaintiff in 2023 discrimination case speaks after judge orders St. George to pay $350K - ABC4 Utah - May 3rd, 2026 [May 3rd, 2026]
- RANDY EVANS: Reflecting on mentors, opportunity and the First Amendment - Indianola Independent Advocate - May 3rd, 2026 [May 3rd, 2026]
- Utah City Ordered to Pay $350k to Drag Performers After Losing First Amendment Fight - EDGE Media Network - May 3rd, 2026 [May 3rd, 2026]
- The Mouse vs. The White House: Disney Lawyers Up for First Amendment War Over ABCs License - Inside the Magic - May 3rd, 2026 [May 3rd, 2026]
- Analysis: What Disney is thinking as it faces a First Amendment fight with Trump - CNN - April 29th, 2026 [April 29th, 2026]
- First Amendment advocates blast the FCC's early review of ABC broadcast licenses - NBC News - April 29th, 2026 [April 29th, 2026]
- Kimmel, the First Amendment and a brewing battle with the FCC - USA Today - April 29th, 2026 [April 29th, 2026]
- Former Spokane mayor Woodward wants $10 million from the city, alleges First Amendment violations - KXLY.com - April 29th, 2026 [April 29th, 2026]
- The Taricani Visiting Journalist Series on First Amendment Rights Harrington School of Communication and Media - The University of Rhode Island - April 29th, 2026 [April 29th, 2026]
- In rare interviews, Bush hails the First Amendment and Obama says America doesn't have 'kings' - NBC News - April 23rd, 2026 [April 23rd, 2026]
- CBS Hosting Dinner Praising Trump And His Love Of The First Amendment - Techdirt. - April 23rd, 2026 [April 23rd, 2026]
- BREAKING: Street preacher threatens to sue SIUE on grounds of First Amendment rights violation - alestlelive.com - April 23rd, 2026 [April 23rd, 2026]
- First Amendment to Arkansas: You Cannot Sentence Speech on the Internet to Death by a Thousand Cuts in NetChoice Court Victory - NetChoice - April 23rd, 2026 [April 23rd, 2026]
- The GUARD Act dis-GUARDs the First Amendment and competition - Competitive Enterprise Institute - April 23rd, 2026 [April 23rd, 2026]
- Supreme Court Denies Hearing in First Amendment Cases Related to Occupational Speech - The Institute for Justice - April 23rd, 2026 [April 23rd, 2026]
- Code is functional free speech under the First Amendment: Coin Center - TradingView - April 23rd, 2026 [April 23rd, 2026]
- Texas public schools can now have Ten Commandments displays, Appeals Court ruled, but Supreme Court can still save this First Amendment disaster -... - April 23rd, 2026 [April 23rd, 2026]
- Trump admin violated First Amendment by forcing Facebook and Apple to remove ICE-trackers - Law and Crime News - April 19th, 2026 [April 19th, 2026]
- Judge sides with creators of banned ICE trackers who allege DHS and DOJ violated their First Amendment rights - Engadget - April 19th, 2026 [April 19th, 2026]
- How Originalism Broke the First Amendment - Balls and Strikes - April 19th, 2026 [April 19th, 2026]
- Trump says CNN may have committed a crime. The First Amendment says otherwise - Poynter - April 19th, 2026 [April 19th, 2026]
- Jon Prosser's last-ditch effort against Apple's lawsuit is the First Amendment - AppleInsider - April 19th, 2026 [April 19th, 2026]
- California Attorney Who Tried To Help Overturn 2020 Election Loses Law License - First Amendment Watch - April 19th, 2026 [April 19th, 2026]
- ANOTHER VIEWPOINT: First amendment lynchpin of American experiment - The Facts - April 19th, 2026 [April 19th, 2026]
- White House Correspondents Dilemma: Toasting the First Amendment as Trump Tramples Over It | Analysis - TheWrap - April 19th, 2026 [April 19th, 2026]
- Mitali Bags speech on The Constitution (One Hundred and Thirty-First Amendment) Bill, 2026 and The Delimitation Bill, 2026 - All India Trinamool... - April 19th, 2026 [April 19th, 2026]
- Occupational licensing has a First Amendment problem - The Hill - April 10th, 2026 [April 10th, 2026]
- Paterno: Dangerous Times for the First Right of the First Amendment - StateCollege.com - April 10th, 2026 [April 10th, 2026]
- When ICE enforcement and the First Amendment collide - News From The States - April 10th, 2026 [April 10th, 2026]
- Briefing Room: Advice on dealing with First Amendment auditors - Seal Beach News - April 10th, 2026 [April 10th, 2026]
- On Books, Book Reviews, and Bezos - First Amendment Watch - April 10th, 2026 [April 10th, 2026]
- Escambia County sheriff responds after heated argument between First Amendment auditor and deputy: did not reflect our core values - Yahoo - April 10th, 2026 [April 10th, 2026]
- Diddy Appeal: Lawyers Seek Release, Argue Freak-Offs Are Protected By First Amendment - HOT 97 - April 10th, 2026 [April 10th, 2026]
- Future of First Amendment: FIU to host 'Free Speech: A Florida Dialogue' with Georgetown University - WLRN - April 5th, 2026 [April 5th, 2026]
- Hollywood Stars Join Together to Defend the First Amendment - The Progressive - April 5th, 2026 [April 5th, 2026]
- Federal judge rules Trump violated First Amendment by ordering defunding of NPR and PBS - KUOW - April 5th, 2026 [April 5th, 2026]
- Lemon Pound Cake and the First Amendment - jdsupra.com - April 5th, 2026 [April 5th, 2026]
- Citing First Amendment, federal judge blocks Trump order to end funding for NPR and PBS - nbcmiami.com - April 5th, 2026 [April 5th, 2026]
- Getting to Know You: Imprisoned for Exercising her First Amendment Rights She Now Speaks Truth to Power - morningsentinel.com - April 5th, 2026 [April 5th, 2026]
- Federal judge rules Trump's public media order violated First Amendment. Here's what that means for KOSU - KOSU - April 5th, 2026 [April 5th, 2026]
- Aspen Public Radio and co-plaintiffs win federal case against Trump Administration, proclaiming a win for the First Amendment - KHOL 89.1 FM - April 5th, 2026 [April 5th, 2026]
- Federal judge cites First Amendment in blocking Trump order to end funding to NPR and PBS - Colorado Public Radio - April 5th, 2026 [April 5th, 2026]