Certainly lines must be drawn.
Now, let me ask, is it alright for a private
college to promulgate standards of decorum, including restrictions on offensive speech, as long as it restricts itself to
form, rather than content?
That's a complex question. Decorum isn't speech. I'm going to limit it to the speech issues, which is what I've been addressing, and not address whether a private college may, for example, require the wearing of ties to the dining hall. (Which St. John's did in my day -- did it in your day?)
As to the speech issues:
First of all, a truly private college is not subject to the Constitution, which only limits acts by the federal government and by the extensions of the 14th Amendment to the states and state agencies, so it can do whatever it wants without violating the First Amendment.
But most -- virtually all -- colleges by accepting various federal funds and participating in various federal programs accept various federal restrictions. I'm not up on which programs if any require adherence to the First Amendment.
But let me answer this way. Decorum issues which are neutral as to the content of the speech are entirely acceptable. Such as: students may not speak during class unless they're called on. That prohibits you from standing up and shouting something objectionable, but also prohibits me from standing up and shouting something unobjectionable.
Also, speech may be limited to that which is relevant to the content of the class. So if it's a mathematics class, even if you're called on you can't make a speech opposing our involvement in Iraq.
But if the decorum issue is based on the content of the speech -- that is, students in this current affairs class may speak in favor of our involvement in Iraq but may not speak against it, or may speak in favor of Israeli incursions into the West Bank but may not speak against them, or may call women sluts but not bitches, so that what is restricted is not just the manner of speech but the actual words used, then IMO no, it is not permitted UNLESS the use of the language in that time and place would be likely to cause an immedate and violent response --fighting words. If they would just embarrass students, or make them less comfortable participating in the discussion, then no, I don't think they can properly be restricted. |
