Introduction
Free speech zones are areas on campuses where speech is not limited. Other sections of campus are limited with the intention of “protecting against disruptions to school operations.” Free speech zones have come under contention due to the disparity in how they are policed and the constitutionality of limiting speech to specific zones. Tinker v. Des Moines found that “freedom of expression would not indeed exist if the right could only be exercised in designated areas.” Colorado agreed and passed a bipartisan law banning free speech zones due to their limitations on students.
Many right-leaning and some left-leaning individuals argue that free speech is not equally practiced on campuses due to counter-political protests of speaking events. Some students protest political speakers who are invited to college campuses, occasionally breaking out into violence; most famously, the Berkeley protest of Milo Yiannopoulos. Although bipartisan support against free speech zones exists, the rise of speaker disinvitations has become a central point for right-leaning individuals.
What is considered political speech can also be controversial. Los Angeles’ Pierce College was sued in 2017 because a student was passing out Spanish copies of the Constitution. The student in question stated, “the community college violated his First Amendment rights when he was barred from passing out copies of the U.S. Constitution because he wasn’t in the free-speech zone.” Republicans in the Department of Justice supported his lawsuit to challenge free speech zones. Students at Pennsylvania State University were also removed for handing out the Constitution within a free speech zone. However, some argue it was due to their criticism of the university’s speech policies.
Discussion Questions
- How do you think the Tinker ruling may be different if the school system only limited the armbands in class rather than on school grounds?
- Is passing out copies of the Constitution a political message?
- Is it free speech to prevent another person from speaking? Does protesting a speaker pass the Tinker Test?