The Problems of Commencement Speech

47 Pages Posted: 27 Aug 2024

See all articles by R. George Wright

R. George Wright

Indiana University Robert H. McKinney School of Law

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.

Suggested Citation

Wright, R. George, The Problems of Commencement Speech (July 24, 2024). Available at SSRN: https://ssrn.com/abstract=4904508 or http://dx.doi.org/10.2139/ssrn.4904508

R. George Wright (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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