The Problems of Commencement Speech
47 Pages Posted: 27 Aug 2024
Date Written: July 24, 2024
Abstract
Public school and university commencement ceremonies are the scene of a rich variety of conspicuous and important free speech controversies. Often, though, the law’s pre-existing frameworks and tests fit school graduation ceremonies poorly. It is unsatisfactory, in particular, to try to fit commencement speech into categories such as government speech; private party speech in some particular type of public forum; private party speech that is apparently approved by the school; or speech that can be somehow constrained pursuant to the captive audience doctrine. Courts should, consistent with other applicable law, instead respect the legitimate range of basic purposes that schools may seek to pursue in organizing and carrying out their commencement ceremonies. Decentralized experimentation, particularly at the school level, should be generally encouraged. A legitimate variety of commencement speech policies should be legally permitted to bloom, and then either flourish or wilt, without undue judicial interference.
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