Procedures

• Preliminary Discussion Questions/Writing Prompts, Part One:

  • Do you think colleges should or should not be able to establish policies that restrict restrict the use of slurs and other language that is intentionally offensive to certain groups? Why or why not?

  • Do you think colleges should or should not be able to establish policies that restrict the expression of political views that are upsetting or offensive to certain groups? Why or why not?

  • Aggregate your class’s position on the above questions, then visit the Gallup results from when these same questions were asked to college students in 2016. How do your class results compare? Why do you think that is the case?

• Preliminary Discussion Questions/Writing Prompts, Part Two:

  • What is the definition of “offensive” speech (i.e. what qualities characterize speech as offensive)? How can the level of offensiveness of a particular piece of speech be accurately measured?

  • Should citizens be able to make public statements that are offensive to minority groups, or should the government be able to prevent people from saying these things? Explain your position!

  • Examine the Pew Research Center results from when that same question was asked by the Pew Research Center in 2015. How does your response compare to the results for three demographic points that are a match to you (do your views align with the majority of that group or not)? Why do you think that is the case?

• Video Clip: “Higher Education Rests on the Free Flow of Ideas” (1:09)

  Senator Chuck Grassley (R-IA) introduces a Judiciary Committee hearing on the First Amendment and free speech on college campuses

• Video Clip: “The Volume of Dissent Can Become Quite Large” (1:03)

  Senator Dianne Feinstein (D-CA) presents concerns about the prospect of demonstrations on campuses to turn violent and threaten student safety.

• Video Clip: “The Problem is the Application” (2:39)

  Senator Dick Durbin (D-IL) asks panelists to discuss the line between safety and speech.

• Video Clip: “Where Do You Draw the Line?” (2:28)

  Senator John Neely Kennedy (R-LA) asks panelists to determine what distinguishes acceptable from unacceptable speech on campuses.

• Video Clip: Effect of Federal Laws on Campus Speech (3:15)

  UCLA Law professor Eugene Volokh on the effect of Federal laws on campus speech.

• Discussion Questions/Writing Prompts:

  • In his remarks, Professor Volokh commented that “Universities should try to prevent an atmosphere where students feel threatened or otherwise intimidated or marginalized...universities are required to protect students against discrimination and violence or threats of violence.” How can universities effectively meet those requirements while also protecting free speech rights? How can a university measure whether students “feel threatened, or otherwise intimidated or marginalized”? Where is the line between provocative speech and intimidating speech? Are the university action options proposed by Professor Volokh as an alternative to speech codes reasonable ones that are, in your view, likely to succeed? Why or why not?

  • A requirement that students not feel threatened, intimidated, or marginalized on a college campus arguably runs the risk of a “heckler’s veto” (meaning, someone who merely disliked the speech could suppress it by claiming a difficult-to-disprove feeling of threat or intimidation). How can universities overcome that risk?

  • Which of the two tests for college campus speakers offered in response to Senator Kennedy’s “Draw the Line” question do you think is a better one? What “line” would YOU offer as the appropriate standard if you were asked that question? (You may use any or all parts of those two tests, as well as anything based in any other information or opinions you have)

• Supplemental Video Clips:

  Video Clip: “Democracy Depends on the Ability to Advocate” (1:08) Senator Grassley (R-IA) discusses Gallup polling regarding student views of colleges’ abilities to restrict speech

  Video Clip: “Cancelled for Fear of Student Disapproval" (2:29) Constitutional law attorney Floyd Abrams summarizes trend of speaker invitations being withheld or withdrawn on college campuses

  Video Clip: “The Beating Heart of American Discourse” (3:29) Senator Ben Sasse (D-NE) discusses the effects of broad discourse on campus and questions the appropriate role of the government in campus speech

• Extension Activity Options:

  • On-Campus Insights: Arrange a video chat with a recent alum who’s presently a college student. As him/her to share experiences with various speakers on campus - the content, student reaction, etc.

  • Evaluating Edginess: Have each student generate an edgy speech topic for a hypothetical proposed college campus speaker. Select their topics at random one by and have the class - acting as hypothetical university administrators - discuss whether or not they will extend a speaking invitation and/or come up with follow-up questions they would want to ask the speaker in advance of a final decision. Evaluating Edginess Extension (particularly useful if your class population contains some strong advocates of largely unrestricted speech): Have the “university administrators” actually make a decision and, in the cases where they decide not to extend the invitation, have a group of “speech advocates” make an argument appealing that decision.

  • Discourse Decorum: Working with a few partners, develop a list of the behavioral norms that you think should be in place for a civil discussion of uncomfortable or controversial ideas on a college campus. Explain why you think those are appropriate. Would you change any of these norms if they were going to be in place for a high school discussion? Why or why not?

  • Agitation/Assuaging Action and Anthem: Imagine you are the head of a group that promotes either very limited restriction of controversial on-campus speakers or very stringent restriction of controversial on-campus speaker (your choice!). Give your group a name, make a flyer promoting your first meeting (with special attention to what language might encourage people to attend), and decide on a song to use as your group’s anthem (on the back of your flyer, print the name of the song and an explanation of why you chose it).

  • Put Your Views to the Test: Engage in a quickwrite/opposing viewpoints discussion/rewrite/reflection activity

  • Go With the Flow: Create a flowchart that could be used by a college speaker to determine whether or not his/her proposed speech is acceptable in terms of respecting students’ safety and security.

  • Is College a Place for Comfort?: Watch U.S. Naval War College professor Tom Nichols discuss his perspective on what the college environment and experience should entail (5:18). Do you agree with his characterizations? Why or why not? What environment do you want to find at your future collegiate home? Why? What characteristics do you think create an optimal learning environment for you? Why?