Campus Free Speech at a Glance

• Campus free speech is not a partisan issue. Both the left and the right are inclined to try to silence their opponents. Recently, suppressing speech on campus has been a frequent tactic of the left, but don’t be fooled; speech suppression comes in waves, depending on who is in power.
• Universities frequently create barriers to free speech on campus through unconstitutional speech codes, restrictive “free speech zones,” and charging large security fees for speakers the university deems controversial.
• A lot of attention has been placed on the conduct of students, while the actions of campus administrators and campus police are largely ignored.
  • When campus administrators and police are punishing or arresting students for passing out a Constitution, it is clear that there is a free speech problem on campus well before any student arrives for orientation.
• Every person on campus has the right to speak freely (including invited speakers, the speaker’s audience, and peaceful protesters) so long as the person’s conduct is not unlawful and does not materially and substantially disrupt the functioning of the university.
• The campus speech problem cannot be solved simply through legislation. It is a cultural problem as much as a legal one.
• The Forming Open and Robust University Minds (FORUM) Act is a legislative solution; a piece of the puzzle to address the speech problem on campus that students, parents, legislators, professors, and citizens across the ideological spectrum can support.
• The FORUM Act is a policy that protects free speech while also respecting the principles of academic freedom.

“The Forming Open and Robust University Minds (FORUM) Act”

• The Forming Open and Robust University Minds (FORUM) Act is a legislative solution; a piece of the puzzle to address the speech problem on campus that students, parents, legislators, professors, and citizens across the ideological spectrum can support.
• The FORUM Act is a policy that protects free speech while also respecting the principles of academic freedom.

The FORUM Act is unique because it:

1. Requires both students and those responsible for discipline or education of students receive a free speech education (e.g. campus administrators and campus police officers).
2. Is vetted by leading campus speech litigation experts – Alliance Defending Freedom and Foundation for Individual Rights in Education – to ensure that the language is not vague or unconstitutional.
3. Protects belief-based student groups from being targeted for lawfully expressing themselves in accordance with their beliefs.
4. Encourages a culture of open expression rather than censorship on campus.
   1. Other proposals chill speech by requiring mandatory suspension or expulsion of students for “interfering with” the free speech of others.
   2. The FORUM Act protects students instead of empowering administrators who may already be biased against a certain class of students.
5. It takes a limited government approach to the campus speech issue.
   1. Other proposals expand the bureaucracy by creating a committee on free expression to report on free speech issues at public colleges and universities – without ensuring student representation.
      1. A committee makes the university less directly accountable for its actions.
      2. Mandating  a committee means that members of the committee will likely be the only ones asked to testify, rather than the campus administrators, police officers, and students who are “on the ground” living with the free speech issue on campus every day.
   2. The FORUM Act respects institutional autonomy and academic freedom by leaving it to the university to determine the best way to fulfill the reporting requirements.
      1. The FORUM Act does not mandate a committee to report on the free speech issue; universities can develop their own ways, creating a committee or other mechanism, if they so choose.
      2. The key in the FORUM Act is to bring transparency to parents, students, and taxpayers prior to the appropriations process. Mandating that the university have a committee with a set number of members only infringes on academic freedom and does nothing to promote transparency and accountability on campus.

In summary, the FORUM Act applies to public institutions of higher education and does the following:

• Eliminates “free speech zones”
• Protects the right of all people to engage in lawful expression
• Protects students and student groups from disciplinary action because of their lawful expression, including belief-based organizations
• Makes clear that a counter-protest in and of itself, is not an “infringement” or does not “interfere” with the free speech rights of others
• Requires that students be educated regarding their free speech rights/responsibilities
• Requires that administrators, campus police, etc. understand their duties regarding free expression on campus
• Empowers legislators to hold universities accountable by requiring each institution to report on free speech issues prior to the legislature’s appropriations process
• Allows alleged victims to bring a cause of action for violation of their free speech rights

“Reliving Campus Riots Until They Respond Correctly; It’s Groundhog Day for State Legislators”

“How a University is Forcing Teachers to Become Liberal Activists”

“What State Legislatures are Doing to Protect Academic Freedom”

“Campus Protests Highlight Need to Protect Free Speech”