popper wrote:montestewart wrote:popper wrote:From the Washington Times -
The nation’s largest Catholic university told a group of pro-life students that it could not display posters reading “Unborn Lives Matter,” lest they provoke the Black Lives Matter movement.
In a letter to the College Republicans, DePaul University president Father Dennis Holtschneider said the posters contained “bigotry” veiled “under the cover of free speech,” the Daily Wire reported………
http://www.washingtontimes.com/news/2016/oct/24/depaul-university-prohibits-unborn-lives-matter-po/I wonder if the posters read “Black fetus lives matter” or “Catholic lives matter” or “Asian lives matter.” Would those be allowed? The good Father is evidently able to deduce the veiled secret intent of those exercising their free speech rights. Priceless.
What are the free speech rights on the campus of a private university?
I believe they are the same as what appears in the constitution. There is no local, state or federal law that prohibits those students from speaking freely. The private university does however have the right to kick them out of school for doing so. The problem with that course of action is that most universities (and especially private) advertise in their brochures that they are intellectually diverse and dedicated to the free exchange of ideas. A student kicked out of school for saying or posting that "unborn lives matter" would have a very strong lawsuit based on contract law. The university denied them what was promised (in writing) in the brochure.
You're saying that a student "would have a very strong lawsuit based on contract law" while basically admitting you haven't read the contract. I'm guessing a 3rd year law student might be able to defend with a
puffing defense (no, not the one Clinton used). I think a court would probably see "intellectually diverse and dedicated to the free exchange of ideas" as not too different from "better ingredients, better pizza" or similar.
Popper, you are drastically misstating the free speech rights in the Constitution, which apply to state actors, not to private entities. The people in charge of a private company, a private college, my home growing up, etc., are not subject to the 1st Amendment. They
can prohibit speech on their property. You have to find some hook (the college does federal research, etc.) to connect the case to a state actor. (Hmm, my father worked for the federal government. Maybe I should have tried
that angle. "Free speech, dad!")
I'm not saying that I support DePaul's position, but universities, especially private universities, and most especially religiously affiliated universities, have a long history of suppressing student speech.
Charles Curran sure knows that. Contrary to the current depiction that suppression of free speech on campus is strictly in accordance with "politically correct" doctrines, academic speech throughout history has largely been suppressed by conservative elements hostile to new ideas.
Regarding the upset over "[fill in the blank] lives matter," I heard a commentator explaining it thus (and I'm paraphrasing), "If someone said, 'Cancer research matters,' would you assume they were saying, 'Heart disease research doesn't matter,' and repeatedly utter 'Heart disease research matters' as a response?" I can understand why some people view the coopting of the "...lives matter" phrase to new purposes as intended in part to say, "No, black lives don't really matter. So we're going to steal your cool phrase for something that
does matter."