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8 - First Amendment on Campus

from Part II - Application

Published online by Cambridge University Press:  06 November 2020

Alexander Tsesis
Affiliation:
Florida State University College of Law
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Summary

Universities are centers of culture, self-expression, and civil activism. As the Court explained in Tinker v. Des Moines Independent Community School District, “The Court has recognized that the campus of a public university, at least for its students, possesses many of the characteristics of a public forum At the same time, however, our cases have recognized that First Amendment rights must be analyzed ‘in light of the special characteristics of the school environment.’”502 They are places to clear away cobwebs of falsehood and to identify kernels of truth. The educational value of speech is determined by its context and content.503 While campuses are hives of intellectual activity, educational needs require structure and incidental time, place, and manner restrictions in order to impart and advance knowledge without unnecessary disruptions. Educational goals must be consistent with the dissemination of accurate knowledge. Institutions of higher education retain standards for advancing truth about various disciplines, but they also provide opportunities for dissent and disagreement.504 Accordingly, controversies are inevitable, given the many views represented by members of the faculty and student bodies. The rights of speakers should therefore be balanced with administrative requirements for maintaining pedagogical and scholarly standards, while warding off harassment.

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Publisher: Cambridge University Press
Print publication year: 2020

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  • First Amendment on Campus
  • Alexander Tsesis, Florida State University College of Law
  • Book: Free Speech in the Balance
  • Online publication: 06 November 2020
  • Chapter DOI: https://doi.org/10.1017/9781108539463.009
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  • First Amendment on Campus
  • Alexander Tsesis, Florida State University College of Law
  • Book: Free Speech in the Balance
  • Online publication: 06 November 2020
  • Chapter DOI: https://doi.org/10.1017/9781108539463.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • First Amendment on Campus
  • Alexander Tsesis, Florida State University College of Law
  • Book: Free Speech in the Balance
  • Online publication: 06 November 2020
  • Chapter DOI: https://doi.org/10.1017/9781108539463.009
Available formats
×