The recent rioting and violence on the campus of the University of California, Berkley over a conservative speaker has sparked a backlash from state lawmakers who are now introducing laws to protect the free speech rights of all students.
Heatstreet is reporting on legal action taking place in four states this week where state legislatures are introducing or considering legislation that would ensure free speech on campus and also prohibit universities from the erection of “safe spaces” meant to shield people from what they consider to be offensive or controversial ideas.
For example, earlier this week, Virginia’s House of Delegates passed HB 1301 which reaffirms that public colleges and universities in the state are covered by the First Amendment.
The bill states: “Except as otherwise permitted by the First Amendment to the Constitution, no public institution of higher education shall abridge the freedom of any individual, including enrolled students, faculty and other employees, and invited guests, to speak on campus.”
Colorado’s Senate Education Committee approved a similar bill defending the free speech rights of Colorado students. The bill expressly prohibits government funded colleges from restricting students’ free speech rights in any way and includes speaking, distributing materials or holding a sign.
The bill also calls for the elimination of “free speech zones” on campus which are the only areas where students are permitted to exercise free speech.
“Free speech zones are counterintuitive to our core values, we should never falter in our defense of our constitutional rights or confine a free exchange of ideas,” explained Senator Tim Neville, who introduced the bill.
“Students on Colorado campuses are growing into the leaders of tomorrow, and restricting their fundamental rights as they seek out truth and knowledge is contrary to the American spirit as well as the mission of universities,” he added.
North Dakota is another example of states where lawmakers have had enough of campus rioting by students who refuse to listen to opposing views. Legislators are now considering a bill aimed at fighting “political correctness gone crazy” on its public campuses.
According to Rep. Rick Becker, R-Bismarck, sponsor of House Bill 1329, the proposed legislation is a response to an “attitude that free speech is not free speech” on campuses where he said expression is discouraged by university policy.
He particularly cited the erection of “safe spaces” which are spawned by this “atmosphere of political correctness and social justice.”
HB 1329 would “confirm free speech as a fundamental right” while requiring the State Board of Higher Education (SBHE), the governing body of the North Dakota University System, to adopt a policy on free speech to apply to all NDUS students.
That policy would commit the SBHE-controlled institutions to “free and open inquiry by students in all matters” while prohibiting restrictions of speech except in cases in which speech would involve violations of law or disrupt institutional functions. The free-speech policy would be required to contain a ‘bill of student rights’ which would bar NDUS entities from subjecting students to ‘any nonacademic punishment, discipline or censorship’ for an act of lawful expression.
North Carolina has also stepped up in defense of student rights. Lieutenant Governor Dan Forest has announced his intention to work with the General Assembly to pass the Restore Campus Free Speech act which would guarantee free speech at state colleges and universities.
This would make North Carolina the first state to use a model law drafted by the Goldwater Institute which proposes tough legal ramifications if students’ free speech rights are infringed upon by the university or other students.
For example, it prohibits colleges from banning speakers, from creating safe spaces with the intention of shielding students from certain opinions, and imposes harsh sanctions on violators.
These sanctions include expulsion for any student “who has twice been found responsible for infringing the expressive rights of others will be suspended for a minimum of one year, or expelled,” the draft law reads. Students are also entitled to $1,000 in damages if their free speech is violated.
The proposed legislation also specifically prohibits “coddling” of students.
“It is not the proper role of the institution to shield individuals from speech protected by the First Amendment, including, without limitation, ideas and opinions they find unwelcome, disagreeable, or even deeply offensive,” the law reads.
The riots in Berkley appear to have been the tipping point for many U.S. lawmakers who are no longer willing to tolerate the troubling trend of intolerance at publicly-funded colleges and universities.
