Cass Sunstein: Campus Free Speech

Free speech is indispensable on college campuses: allowing varied views and frank exchanges of opinion is a core component of the educational enterprise and the pursuit of truth. But, says renowned legal scholar Cass R. Sunstein, free speech does not mean a free-for-all. The First Amendment prohibits “abridging the freedom of speech,” yet laws against perjury or bribery, for example, are still constitutional. In the same way, valuing freedom of speech does not stop a university from regulating speech when doing so is necessary for its educational mission. So where is the dividing line? How can we distinguish reasonable restrictions from impermissible infringement?

Join us for a special online-only program in which Sunstein will provide a pragmatic, no-nonsense explainer, taking us through a wide range of scenarios involving students, professors and administrators. He says it’s consistent with the First Amendment to punish students who shout down a speaker, but not those who chant offensive slogans; why a professor cannot be fired for writing a politically charged op-ed, yet a university might legitimately consider an applicant’s political views when deciding whether to hire her. He explains why private universities are not legally bound by the First Amendment yet should, in most cases, look to follow it. And he addresses the thorny question of whether a university should officially take sides on public issues or deliberately keep the institution outside the fray.

He'll draw on the work he put into his new book Campus Free Speech: A Pocket Guide and will provide a concise guide to resolving free-speech dilemmas at colleges and universities.

This program is part of The Commonwealth Club’s Future of Democracy Series, supported by Betsy and Roy Eisenhardt.

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