Question

Which of the following best describes campus speech codes at state universities?

a. Allowed if they do not address the topic of religious speech
b. Constitutionally allowed and encouraged
c. Usually ruled unconstitutional, but continue to exist in the United States
d. Typically concerned only with symbolic speech
e. Ruled unconstitutional and no longer exist in the United States

Answer 1

Speech codes at public U.S. colleges and universities remain common features on campus despite federal courts having consistently ruled that they violate students’ First Amendment speech rights. Debates over the appropriateness and constitutionality of campus speech codes focus on whether school officials’ drive to protect students from harassment and discrimination outweighs the free speech rights of students. According to the Foundation for Individual Rights in Education (FIRE), 62% of institutions surveyed maintain policies that restrict a substantial amount of speech protected under the First Amendment—what they call “red light” speech codes. Therefore, option c is correct.