Only the First Amendment Can Protect Students, Campuses and Speech; The New York Times, September 6, 2024

Cass R. Sunstein , The New York Times; Only the First Amendment Can Protect Students, Campuses and Speech

"To answer those questions, we should turn to the First Amendment of the U.S. Constitution, which states that Congress “shall make no law … abridging the freedom of speech.” Those words provide the right foundation for forging a new consensus about the scope and importance of free speech in higher education.

As a rallying cry, that consensus should endorse the greatest sentence ever written by a Supreme Court justice. In 1943, Justice Robert H. Jackson wrote, “Compulsory unification of opinion achieves only the unanimity of the graveyard.”

It is true that private colleges and universities, unlike public ones, are not subject to the First Amendment, which applies only to public officials and institutions. If Harvard, Stanford, Baylor, Vanderbilt, Pomona or Colby wants to restrict speech, the First Amendment does not stand in their way.

Still, most institutions of higher learning, large or small, would do well to commit themselves to following the First Amendment of their own accord.

First Amendment doctrine, developed over the centuries, provides excellent guidance."