National Free Speech News & Commentary

Graham Piro
Foundation for Individual Rights and Expression

Excerpt: The University of California San Diego’s decision to charge a large number of students who allegedly disrupted a campus event in May – charges that have swept up students who say they weren’t even present at the event – raises significant concerns about the university’s fealty to its constitutional obligations.

James Huffman
Quillette

Excerpt: Efforts to censure campus speech have occurred in almost every American state. The problem is not new. Advocates of academic censorship would do well to review the arguments of our predecessors. A little book published 74 years ago, in 1949, by Harvard University Press provides an opportunity to do just that. While the book focuses on American history, its insights are of worldwide relevance.

Maya Bodnick
Slow Boring, Substack

Excerpt: Every year, hundreds of thousands of students around the U.S. participate in competitive debate. Most start competing at a young age (early high school or even middle school), eager to learn about politics. At its best, the activity teaches students how to think critically about the government and the trade-offs that policymakers face. They are assigned to argue for different positions that they may not agree with and engage with their peers’ diverse perspectives.

Instead of expanding students’ worldviews, debate has increasingly narrowed to become a microcosm of critical theory. These critical theory arguments, known as kritiks, are usually wielded by the negation side to criticize the fundamental assumptions of their affirmation side opponents.

Giovanna Dell'orto
Associated Press

Excerpt: A University of Notre Dame professor has filed a defamation lawsuit against a student-run publication over news coverage of her abortion-rights work. The case is raising questions about press freedom and academic freedom at one of the nation’s preeminent Catholic universities.

Tamara Kay’s suit, filed in May, alleges falsehoods in two articles published by The Irish Rover in the past academic year. The Rover defended its reporting as true in a motion filed earlier this month to dismiss the case, under a law meant to protect people from frivolous lawsuits over matters of public concern.

Aaron Terr
Foundation for Individual Rights in Expression

Excerpt: Vulgar. Lewd. Indecent. Hateful. Those are four types of speech the city of Arab, Alabama, bans from signs within its borders. But as FIRE explained in a letter to the city on Tuesday, they’re also four types of speech protected by the First Amendment.

Jonathan Feingold, Angela Harris & Athena Mutua
Newsweek

Excerpt: Last March, Stanford Law students protested when a Trump-appointed judge spoke on campus. An administrator intervened, defending her students' and the judge's right to speak. Her actions nonetheless triggered a rightwing campaign demanding her ouster, and last week, Stanford announced the administrator will not return. To borrow from modern parlance, she was "cancelled."

The story is one of many examples, a reoccurring dynamic in which students speak, then administrators respond (or don't), followed by pundits decrying "cancel culture" and a "free speech crisis." These pundits are in fact right, though not in the way they think. Free speech is under attack. But the students aren't to blame.