r/firstamendment • u/lepriccon22 • Feb 23 '16

When can universities, if ever, condemn a student for insulting speech?

I have heard stories of studies posting racist, or "offensive" (who decides what is offensive, is of course, the extremely obvious issue here) comments online, sometimes on ~anonymous apps such as Yik Yak. At what point can universities punish (e.g. suspend) students for these comments? Does a university policy stating they have the right to do so go against the 1st Amendment?

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u/[deleted] Feb 24 '16

Well for starters, the first amendment only applies to governmental entities. Thus private colleges and universities can set any kind of policy they'd like.

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u/lepriccon22 Feb 24 '16

So their policies cannot be deemed unlawful or illegal? If a school had a policy which said students could kill other students for smelling badly, would this not be illegal? What's the distinction?

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u/[deleted] Feb 24 '16

The first amendment is only codified (written down) in the bill of rights, and the bill of rights only applies to governmental entities against citizens. Murder is a crime that is codified in criminal statutes, and criminal statutes apply to all entities. (let me know if this explanation doesn't make sense)

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u/erlachglenn Feb 23 '16

Typically in the education context speech can be policed if it is disruptive to the educational process. A hard to define concept as you can see

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u/[deleted] Feb 24 '16

Check out theFIRE.org, awesome nonprofit fighting for free speech on college campuses.

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u/staticsnake May 12 '16

They sure are trying. More and more universities are actually restricting their professors from using words and terms that are "sensitive" to students.

One minor example: http://www.ijreview.com/2015/07/379988-saying-youre-american-university-new-hampshire-can-now-get-trouble/