what is it not?

In talking to people on background, a bunch are saying some variation of, “To define what free speech is, you have to define what it is not.” While I personally don’t believe that that is the case, I can see how that would be valuable for some people. How do we frame that, then? Maybe we should ask, “When (if ever) is it okay to restrict speech?” How do we hit all of Time, Place, Manner in one go? Do people even know what “Time, Place, Manner” is a reference to? I hope so. Below are some possible survey questions to get people talking about what sort of restrictions can or should be placed on expression.

  • What should the venue be for determining whether a particular incident was inappropriate and sanctionable? Honor Court? The dean?
  • What sort of regulations or restrictions can be enforced before speech happens? Should policies only provide for what happens after expression that someone deems inappropriate?
  • Please give both a definition and an example of inappropriate classroom speech.
  • Please give both a definition and an example of inappropriate speech in the Pit.
  • Please give both a definition and an example of inappropriate speech in gyms, pools, and other exercise facilities on campus.
  • If the above are different at all, please explain why.
  • What if any penalties should there be for for each of the foregoing examples you gave? Please explain how any penalties would be imposed
  • What content-neutral speech restrictions do you think are NOT okay? (hypothetical content-neutral restriction: use of bullhorn in classroom not permitted to protect hearing of students)
  • What is the judicial standard for content-based restrictions on speech? (hint)
  • What content-based restrictions on speech are, in your personal view, ever okay? What general rule would you give for determining whether or not a particular content-based restriction is okay?

I think it’s important to take a moment to consider the possibilities for abuse inherent in any restriction, even seemingly innocuous noise ordinances. What if somebody decided that “abortion” was such a controversial term that it couldn’t be used as an index term for searching a database?

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