Freedom of speech is one of the oldest rights possessed by Americans. But, that is not to say it doesn’t come without certain checks and balances regulating how far that speech can go.
Earlier today, hundreds of Pro-Palestine protesters set up tents on USC’s main campus joining other University’s in a nationwide protest demanding a cease-fire in the Middle East. Tensions have risen following USC’s announcement declaring they would no longer allow valedictorian, Asna Tabassum, to deliver her speech at this year’s commencement.
Attorney at the federal public defender in the northern district of Indiana, Chad Pennington, shared some of his professional insights surrounding the matter of free speech on college campus’s.
Chad Pennington: As a concept it’s just a sliding scale you know. A person has first amendment rights and there’s certain designated government areas where those protections of free speech are particularly strong, designated public forum, public forum whatever it may be. And so the question becomes not so much whether the person has first amendment rights its to what extent is the University of Southern California authorized to limit those rights.
Private universities often do not receive the same level of scrutiny when it comes to restricting freedom of speech, despite the Leonard law which forbids all private, non-religious universities in California from disciplining students for speech that is protected by the First Amendment or the California Constitution.
Pennington: Generally to limit those rights it has to make a pretty strong justification for doing so. So I think that the way you want to think about the issue is not so much...can a person speak, but can the government entity regulate it.
As Pro-Palestine protests continue to unfold throughout the nation, especially on college campuses, many are afraid of the potential infringement on their First Amendment Rights.
For Annenberg media, I’m Sophie Ignon.