We have administrators who value students’ freedom of speech. But our current speech codes, if put into the wrong hands, could threaten students’ freedoms.
Freedom of speech is one of the most precious things about being American.
We’re not just saying this because we’re journalists. Freedom of speech goes beyond the glamorous portrayal you see of journalists in movies. It affects everyone, from the most prominent public figure to the guy you stood behind in line for food at The Reef.
Speech codes are troubling to us. Students can leave campus and say what they want, without fear of being punished by the law for it. They shouldn’t be subject to different rules when they step on to a college campus.
We have not seen our speech codes played out on campus. We don’t know of a student, faculty or staff member who has been punished for saying something the university deemed inappropriate. While this is good news, it doesn’t mean our situation is good. Our current codes could be interpreted to the detriment of speech on campus. Just because codes haven’t been applied to punish a student doesn’t mean that couldn’t change in the near future.
We need policies that will protect the free speech of anyone on campus. The codes we have now are vague, and if applied directly, students could be punished for constitutionally-protected speech. They haven’t been abused because we have administration who wants to protect our free speech. But what happens when someone who doesn’t value free speech gets an administrative position?
Our codes should be enduring. They should protect speech, regardless of whether we have a thoughtful administration or not.
In The Crow’s Nest interview with Dean of Students Jacob Diaz, Diaz told us he seeks student opinion on codes. While we think Diaz is a protector of freedom of speech, we still think the codes are problematic and could be abused. And while student input is important, just because a student says that they don’t perceive a code to infringe on their freedom is speech doesn’t mean that the code doesn’t.
Many students may look at the codes and believe they protect their best interests. As a staff, we hate sexual harassment and discrimination. A few of us have an aversion to sex jokes (why do you have to make them?). And no one likes to be criticized.
But the constitution doesn’t afford us immunity from these things. Yes, physical harassment should and must be addressed by the university. But we can’t ask the university to take action against a student when we hear something we don’t like.
In the words of Supreme Court Justice Louis Brandeis: “If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence.”
