LET’S TALK

FREE SPEECH
Overview
In recent years, Penn State has seen a bevy of attempts to curtail controversial speech, such
as the disinvitation of Richard Spencer and the March to Turn Down Campus Hate. Should we push
for new legislation to protect free expression on campus?

Free Speech Legislative Proposals

The Chicago Statement
“Because the University is committed to free and open
inquiry in all matters, it guarantees all members of the
University community the broadest possible latitude to
speak, write, listen, challenge, and learn.”

• Released in January 2015 by the Committee on Freedom of Expression at the University of

Chicago
• It is a university statement that affirms the commitment to free expression, adopted at over a
dozen institutions including Princeton University, Columbia University, and Johns Hopkins
University

Campus Free Speech Act

“…the primary function of an institution of higher education
is the discovery, improvement, transmission, and
dissemination of knowledge by means of research,
teaching, discussion, and debate.”

• Released in January 2017 by the Goldwater Institute

• Would nullify speech codes, prevent speaker disinvitation, establish disciplinary sanctions for
those who infringe on free speech rights, and reaffirm the university’s role in cultivating a wide
range of dialogue
Forming Open and Robust University Minds Act
“Each public institution of higher education shall publicly
post on their website, as well as submit to the governor and
state legislature…, a report which will detail the course of
action implemented to be in compliance with the
requirements of this Act.”

• Released in June 2017 by the American Exchange Legislative Council

• Would hold universities accountable for upholding free expression by requiring the institutions to
report to legislators in apply measures to ensure free speech

Free Right to Expression in Education Act

“Each public institution of higher education participating in
a program under this title may not prohibit…a person from
freely engaging in noncommercial expressive activity in an
outdoor area on the institution’s campus if the person’s
conduct is lawful.”

• Introduced in the U.S. Senate in February 2018 by Senator Orrin Hatch of Utah
• Would eliminate free speech zones and ensure that all time, place, and manner restrictions
follow standards set by the Supreme Court

Questions for Discussion

• Does the First Amendment make free speech legislation redundant? In other words, if the First
Amendment already protects the freedom of expression, why do we need additional legislation?
• Are speech codes a problem at Penn State?
• Do we see a diversity of thought in recent speakers that have come to Penn State?
• Do free speech zones follow time, place, and manner restricts, or are they a violation of the First
Amendment?
• How can we ensure that universities enforce the principles of the First Amendment?
• What disciplinary measures should students face who have violated the First Amendment rights
of others?
• How can we condemn hateful speech while still preserving the First Amendment?
Sources
"Adopting the Chicago Statement." FIRE, 2018, www.thefire.org/student-network/take-
action/adopting-the-chicago-statement/. Accessed 24 Apr. 2018.

Coward, Tyler. "Bill to Prohibit Campus 'Free Speech Zones' Introduced in U.S. Senate." FIRE, 9
Feb. 2018, www.thefire.org/bill-to-prohibit-campus-free-speech-zones-introduced-in-u-s-senate/.
Accessed 28 Apr. 2018.

"Forming Open and Robust University Minds (FORUM) Act." American Legislative Exchange
Council, 23 June 2017, www.alec.org/model-policy/forming-open-and-robust-university-minds-forum-
act/. Accessed 28 Apr. 2018.

Kurtz, Stanley, et al. Campus Free Speech: A Legislative Proposal. Goldwater Institute, 30 Jan.
2017. Goldwater Institute, goldwaterinstitute.org/wp-
content/uploads/cms_page_media/2017/2/2/X_Campus%20Free%20Speech%20Paper.pdf.
Accessed 24 Apr. 2018.

McMurtrie, Beth. "Why Conservative Lawmakers Are Turning to Free-Speech Bills as a Fix for
Higher Ed." The Chronicle of Higher Education, 8 June 2017, www.chronicle.com/article/Why-
Conservative-Lawmakers-Are/240297. Accessed 29 Apr. 2018.

United States, Congress, Senate. Free Right to Expression in Education Act. 2018. GovTrack, Civic
Impulse, www.govtrack.us/congress/bills/115/s2394/text. Accessed 28 Apr. 2018. 115th Congress,
2nd session, Senate Bill 2394.