Are Universities Schools? The Case for Continuity in the Regulation of Student Speech

New York University Law Review Online, vol. 93:101 (October 2018)

Saint Louis U. Legal Studies Research Paper No. 2018-12

23 Pages Posted: 30 Sep 2019 Last revised: 1 Oct 2019

See all articles by Chad Flanders

Chad Flanders

Saint Louis University - School of Law

Date Written: October 1, 2018

Abstract

Are universities schools? The question seems almost silly to ask: of course universities are schools. They have teachers and students, like schools. They have grades, like schools. There are classes and extracurricular activities, also like schools. But recent writings on the issue of free speech on campus" have raised the improbable specter that universities are less educational institutions than they are public forums like parks and sidewalks, where a free-wheeling exchange of ideas and opinions takes place, unrestricted by any sense of academic mission or school discipline. Some of this rhetoric is of course exaggerated, and some of it can be taken out of context. Nonetheless, the overall impression is that public universities are required to host and accommodate all viewpoints, no matter how loathsome, and protect any expression in any place and at any time or else risk running afoul of the First Amendment.

Suggested Citation

Flanders, Chad, Are Universities Schools? The Case for Continuity in the Regulation of Student Speech (October 1, 2018). New York University Law Review Online, vol. 93:101 (October 2018); Saint Louis U. Legal Studies Research Paper No. 2018-12. Available at SSRN: https://ssrn.com/abstract=3460777

Chad Flanders (Contact Author)

Saint Louis University - School of Law ( email )

100 N. Tucker Blvd.
St. Louis, MO 63101
United States

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