Free speech on campus

Matthew Hoy
By Matthew Hoy on October 17, 2007

Over at The New York Times, law professor Stanley Fish addresses some of the issues in Evan Coyne Maloney's flim, "Indoctrinate U." Maloney's response can be found here.

I want to touch on one of the points that Fish mentions and Maloney's response.

Fish:

Then there’s the matter of speech codes. This is a fake issue. Every speech code that has been tested in the courts has been struck down, often on the very grounds — you can’t criminalize offensiveness — invoked by Maloney. Even though there are such codes on the books of some universities, enforcing them will never hold up. Students don’t have to worry about speech codes. The universities that have them do, a point made by “Indoctrinate U” when Maloney tells the story of how Cal Poly was taken to the cleaners (no, not his cleaners) when it tried to discipline a student for putting up a poster with the word “plantation” in it.

You can find my posts on the Cal Poly case of Steve Hinkle here. Cal Poly is my alma mater, and it behaved badly in this case. But I don't think Hinkle would wish his experience on anyone else. He had this thing hanging over his head for 18 months before a judge basically told Cal Poly to cave and transferred $40,000 out of the school's bank account to Hinkle's lawyers.

Maloney:

Ultimately, Hinkle was vindicated, and Professor Fish focuses only on the positive outcome in order to deem the whole issue of speech codes to be “fake.” But having to spend 18 months fighting for rights that are already constitutionally guaranteed sends a strong signal to other students that expressing the wrong point of view will end up costing you dearly. It corrodes the whole concept of free speech by dissuading people from speaking. After all, if simply hanging a flier could result in 18 months of battles, many students are going to conclude that certain speech just isn’t worth it. People whose views differ from the campus orthodoxy are going to keep quiet. Speech is undoubtedly chilled.

These sorts of speech codes wouldn't hold up for a millisecond in any community in this country except for the "campus community." The fact that so many universities still have unenforceable speech codes on the books just shows how out of touch they are when it comes to basic civil liberties.

0 comments on “Free speech on campus”

  1. The sick part is that the $40K is paid for by whom? I'd like to see the school presidents and boards personally liable for these judgements. That is the only way to enforce accountability.

  2. What we need is to get conservative students nationwide to go on campuses where these liberal Nazis are in control and do things - all legal, of course - that will cause the liberals to push their Nazi agenda to the brink. Then we get conservative lawyers to sue the crap out of the schools and pump the money back into programs for conservatives.

    Confronting Nazism is never a bad thing. We just need strong-willed people to do it en masse.

  3. Substitute Jim Crow laws for speech codes and Blacks for students and see if professor Fish will stand by his statement. It is just as true that Jim Crow laws have been declared unconstitutional every time by the courts and Black Americans have prevailed every time in court. So what?

    Fish should be ashamed of such an argument.

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