Literature Review #4

The scholarly article "Free Speech and Double Standards" by Stuart Taylor that was published int he National Journal may be the best piece I have come across in my research thus far. The piece, which examines the inconsistency in speech-related concerns a colleges and universities. The main example of this "double standard" is Columbia University's president Lee Bollinger's oddly gracious welcoming of the "Holocaust-denying, terrorism sponsoring, nuke-seeking, wipe-Israel-off-the-map-threatening, we-got-no-gay-in-Iran-spouting" previous Iranian president Ahmadinejad. There is not an issue with the university's acceptance of the Iranian official per-say, but as Taylor notes what is unacceptable is the administration's silence on the rejection of a mere anti-illegal-immigration activist at about the same time. Similarly, the president was supportive of the historical ban of ROTC programs at Columbia due to the military's (at the time) discrimination against openly gay people, yet he claimed to be a champion of open debate when graciously welcoming the bigoted and homophobic Iranian president. This analysis of how freedom of expression can be manipulated on college campuses illustrates how a university -- or even a sole administrator -- can push a political agenda on a whole generation of students.
Taylor, Stuart. "Free Speech and Double Standards." National Journal (2009): 1-3. ProQuest Political Science. Web.

Literary Review #3

The scholarly article "Punishment and Student Speech: Straining the Reach of the First Amendment" by James F. Ianelli analyzes the legal implications of the court cases regarding the First Amendment rights of students. According the Ianelli, the approach to judicial review that the lower courts and the supreme court has taken in regard to student speech has resulted in the suppression of student speech. Citing court cases such as Gertz v. Welch and Marks v. United States, Ianelli makes the case that the inconsistent verdicts regarding the first amendment (more specific on obscenity than other forms of speech, etc.) foster an environment where school administrators and officials have more power than is just in dictating the punishment of students for their speech. Ianelli believes that one of the main injustices that occurs regarding the speech of students is the lack of restriction on the punishment they receive.

Ianelli, James F. "Punishment and Student Speech: Straining the Reach of the First Amendment." Harvard Journal of Law and Public Policy (2010): n. pag.ProQuest Political Science. Web.

Literature Review #2

One of the the pieces I will be using for my research project is "'Speech Codes' on The Campus and Problems with Free Speech" by Nat Hentoff. To provide some background on the author, he is a nationally-renowned American historian and culture critic who has wrote for the The Wall Street Journal, The Washington Times and The New York Times among several other publications. Additionally, he is on the Board of Advisers for the Foundation for Individual Rights on Campus (F.I.R.E.). He is known for several subject areas regarding his journalism, especially defending free speech and civil liberties as well as his critique of jazz music. In this piece Hentoff took issue with the ongoing use and evolution of speech codes on college campuses.
In "'Speech Codes' on The Campus and Problems with Free Speech," Hentoff argues that there has been a shift in academia toward a degree of political correctness that is not conducive to reality nor does it reflect true education. Hentoff illustrates the realities of speech codes at several Ivy-League universities and how they are defended as mechanisms to derail hate speech -- racist, sexist, homophobic speech -- on  campus. Though he takes issue with this notion and suggests that said speech codes are inadvertently racist and more offensive themselves. One of Hentoff's main point though, is that speech codes on college campuses, in addition to the fear of being in the minority in regard to political opinion (held both by students and faculty), fosters an environment that is not at all freedom-oriented.

Research Blog. #5: Bibliography

Working Bibliography

Byers, Dylan. "Shield Law Broadens Definition of 'journalist'" POLITICO. N.p., 9 Sept. 12. Web. 08 Oct. 2013.

Brown, Josie F. "INSIDE VOICES: PROTECTING THE STUDENT-CRITIC IN PUBLIC SCHOOLS." American University Law Review (2012): n. pag. ProQuest. Web.

Conn, Joseph L. "PARTISAN POWER PLAY: AU Complains To IRS After Jerry Falwell's Liberty University Excommunicates College Democrats." Church & State (2009): n. pag. ProQuest. July 2009. Web.

Haynes, Charles C. "HAYNES: College Campuses Have Been Zoning out Protected Free Speech." Clarksville Leaf Chronicle. N.p., 7 Oct. 2013. Web. 8 Oct. 2013.

Hentoff, Nat. ""Speech Codes" On The Campus and Problems of Free Speech." (1991): 1-5. Print.

Ianelli, James F. "Punishment and Student Speech: Straining the Reach of the First Amendment." Harvard Journal of Law and Public Policy (2010): n. pag.ProQuest Political Science. Web.

Taylor, Stuart. "Free Speech and Double Standards." National Journal (2007): n. pag.ProQuest Political Science. Web.
Lukianoff, Greg. Unlearning Liberty: Campus Censorship and the End of American Debate. New York: Encounter, 2012. Print.

Perrino, Nicco. "How One College Student Fought His School's 'Free Speech Zone' - And Won." Forbes. N.p., 13 Sept. 2013. Web. 8 Oct. 2013.

Research Blog #4: Research Proposal

Matthew Boyer

Professor Goeller

Research in the Disciplines: College!

October 15, 2013

Research Proposal

Working Title: Freedom of Speech on College Campuses: A Not-So-Free Reality

Topic

The individual rights of man are cherished in America and this especially pertains to our freedom of speech granted to us in the First Amendment. Today on college campuses across the nation students not only struggle with paying for tuition and obtaining a job after graduation, but they also have limits on their freedom of expression while on campus. There has been a long history of liberal arts universities utilizing obscure speech policies that in turn foster a college environment that does in fact limit the speech of their students -- individuals who have the inalienable right to free speech. Much of the debate on this issue is centered from the viewpoint that having these speech policies help to protect students and those in the university community from hate speech. The definition of hate speech is a fine line and can and does get crossed by universities in several cases, past and present, that limit the First Amendment rights of their students.

Research Question

The main question in regard to the freedom of speech on campus is this: Why have these obscure policies that blatantly limit the rights of man not been found to be unconstitutional by the courts and how are they not reject by university staff? I believe this research question does prompt sufficient debate because of the original nature of the topic as well as the fact that it is about constitutional rights. The debate over the First Amendment is an ongoing one that the nation continuously addresses in times of controversy regarding incidents that reflect said rights. The reason researching this topic is manageable in its scope, despite the vague nature of the First Amendment, is that the focus is on college campuses, free speech zones and student run media. This allows the research to be narrow and conclusive.

Theoretical Frame

There will be a couple of theories that directly apply the research topic of First Amendment rights on college campuses. First and foremost will be the theory behind the constitution. The individual rights of man, of all citizens, regardless of their make, will be the a huge concern. Additionally, the theory behind academic freedom will be applied to the research as well. This is important since many of the sources that surface in the research are about liberal arts colleges limiting their students freedom of expression -- which is the antithesis of liberal arts academic freedom.

Research and Plan

There are many other time-relevant questions that surface in the research of the First Amendment rights of students on college campuses. This is especially true to the use of technology and how students express their concerns about politics, their university and other issues on social media. Additionally, research thus far has suggested a change in journalism’s future including the use of Wikileaks and the broadening of the definition of a journalist. I have a particular interest in case studies regarding student political groups and media on college campuses. These cases normally involve the courts and have interesting verdicts that don’t always challenge existing speech policies.

I believe that the general notion of my research question as a quality one, though I admit it could be more focused. As my research continues and I am therefore able to draw themes between my sources, I believe I will be able to more focus my proposed research question. Though, my question is not too basic. I believe my question is relevant to all Americans -- students, professors, administrators, parents, politicians and journalists -- because the erosion of one’s free speech on the college campus, especially as a student, is simply unjust. Therefore, questioning the ability of universities to get away with such behavior in correlation with an analysis of related court cases will help to draw conclusive evidence. Since colleges and universities are wildly changing their administrative behavior in light of privatization of higher education, it is important to not forget about the individual rights of students man.

Working Bibliography

Hentoff, Nat. ""Speech Codes" On The Campus and Problems of Free Speech." (1991): 1-5. Print.

Lukianoff, Greg. Unlearning Liberty: Campus Censorship and the End of American Debate. New York: Encounter, 2012. Print.

Perrino, Nicco. "How One College Student Fought His School's 'Free Speech Zone' - And Won." Forbes. N.p., 13 Sept. 2013. Web. 8 Oct. 2013.

Haynes, Charles C. "HAYNES: College Campuses Have Been Zoning out Protected Free Speech." Clarksville Leaf Chronicle. N.p., 7 Oct. 2013. Web. 8 Oct. 2013.

Byers, Dylan. "Shield Law Broadens Definition of 'journalist'" POLITICO. N.p., 9 Sept. 12. Web. 08 Oct. 2013.

Research Proposal

Matthew Boyer

The individual rights of man are cherished in America and this especially pertains to our freedom of speech granted to us in the First Amendment. Today on college campuses across the nation students not only struggle with paying for tuition and obtaining a job after school, but they also have limits on their freedom of expression while on campus. There has been a long history of liberal arts universities utilizing obscure speech policies that in turn foster a college environment that does in fact limit the speech of their students, individuals who have the right to free speech. Much of the debate on this issue is centered from the viewpoint that having these speech policies help to protect students and those in the university community from hate speech. The definition of hate speech is a fine line and can and does get crossed by universities in several cases, past and present, that limit the First Amendment rights of their students.

The main question in regard to the freedom of speech on campus is this: Why have these obscure policies that blatantly limit the rights of man not found to be unconstitutional by the courts and how are they not reject by university staff? I believe this research question does prompt sufficient debate because of the original nature of the topic as well as the fact that it is about constitutional rights. The debate over the First Amendment -- along with many others such as the Second -- is an ongoing one that the nation continuously addresses in times of controversy regarding incidents that reflect said rights. The reason researching this topic is manageable in its scope, despite the vague nature of the First Amendment, is that the focus is on college campuses, free speech zones and student run media. This allows the research to be narrow and conclusive.

There will be a couple of theories that directly apply the research topic of First Amendment rights on college campuses. First and foremost will be the theory behind the constitution. The individual rights of man, of all citizens, regardless of their make, will be the a huge concern. Additionally, the theory behind academic freedom will be applied to the research as well. This is important since many of the sources that surface in the research are about liberal arts colleges limiting their students freedom of expression -- which is the antithesis of liberal arts academic freedom.

There are many other time-relevant questions that surface in the research of the First Amendment rights of students on college campuses. This is especially true to the use of technology and how students express their concerns about politics, their university and other issues on social media. Additionally, research thus far has suggested a change in journalism’s future including the use of Wikileaks and the broadening of the definition of a journalist. I have a particular interest in case studies regarding student political groups and media on college campuses. These cases normally involve the courts and have interesting verdicts that don’t always challenge existing speech policies.

I believe that the general notion of my research question as a quality one, though I admit it could be more focused. As my research continues and I am therefore able to draw themes between my sources, I believe I will be able to more focus my proposed research question. Though, my question is not too basic. I believe my question is relevant to all Americans -- students, professors, administrators, parents, politicians and journalists -- because the erosion of one’s free speech on the college campus, especially as a student, is simply unjust. Therefore, questioning the ability of universities to get away with such behavior in correlation with an analysis of related court cases will help to draw conclusive evidence. Since colleges and universities are wildly changing their administrative behavior in light of privatization of higher education, it is important to not forget about the individual rights of students man.

Bibliography

Hentoff, Nat. ""Speech Codes" On The Campus and Problems of Free Speech." (1991): 1-5. Print.

Lukianoff, Greg. Unlearning Liberty: Campus Censorship and the End of American Debate. New York: Encounter, 2012. Print.

Perrino, Nicco. "How One College Student Fought His School's 'Free Speech Zone' - And Won." Forbes. N.p., 13 Sept. 2013. Web. 8 Oct. 2013.

Haynes, Charles C. "HAYNES: College Campuses Have Been Zoning out Protected Free Speech." Clarksville Leaf Chronicle. N.p., 7 Oct. 2013. Web. 8 Oct. 2013.

Byers, Dylan. "Shield Law Broadens Definition of 'journalist'" POLITICO. N.p., 9 Sept. 12. Web. 08 Oct. 2013.

Literary Review Blog #1:

Here is the book on Google Books that I will be using for my project. Titled, "Unlearning Liberty: Campus Censorship and the End of American Debate," Greg Lukianoff dives into the realities of speech on college campuses.

Lukianoff, Greg. Unlearning Liberty: Campus Censorship and the End of American Debate. New York: Encounter, 2012. Print.

In his book, Lukainoff ventures into the world of a first year student at college. In doing so, he exposes the array of free speech violations universities impose on their students. He describes the academic environment in which this kind of behavior resides, by exposing universities for framing debates and supporting things such as group think. Additionally, and related to my earlier blog post about a "free speech zone" at the University of Cincinnati, Lukianoff illustrates the limited speech rights that students have in academia today. Additionally, he covers controversies related to big names in politics including Rush Limbaugh and Jon Stewart. Greg Lukianoff is a First Amendment lawyer and the President of FIRE (The Foundation for Individual Rights in Education). He has penned articles that published in The New York Times, The Wall Street Journal, The Washington Post and several other media outlets. Today he is a blogger for the Huffington Post. His track record on civil liberties and his advocacy for free speech, especially on college campuses, is unmatched by most in the national debate today. Some of the key terms he uses in the book include: liberty, authority, censorship and free speech.

Some pertinent quotes (Note: the online version on Google Books does not have page numbers though I counted my own from the start of the introduction):

1.) "The VSU president's attitude towards dissent is replicated by administrators both high and low at too many colleges across the country  where differences of opinion are not viewed as opportunities to learn or to think through ideas. Instead, dissent is regarded as a nuisance at best, and sometimes as an outright threat--even when it's only about parking garages" (2).

To introduce this next quote: A student at VSU was expelled from the university because of his environmentalist collage and was therefore, according to the administration, a "clear and present danger."

2.) "For First Amendment layers, students of history, and fans of Tom Clancy, 'clear and present danger' is a legal doctrine arising from World War I that refers to grave threats to the nation  itself, such as encouraging sabotage, espionage, outright revolt, or other forms of terrorism and treason" (2).

Though a good verdict came out of this case...

3.) "In light of this evidence, the court ruled that President Zaccari had violated Hayden's due process rights so clearly and brazenly that he should be held personally and financially liable for damages" (4).

All of the material in this book will help to further research my topic for several reasons. First of all it compiles many different areas that relate to free speech on campus, providing one cohesive argument and therefore source against the violations of free speech on campuses. Secondly, it provides many specific examples of how and where freedom of speech has been violated on college campuses.

2

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Blog #3: Privatization & Free Speech on Campus

As the NEA report on privatization and higher education illustrated, the funding of public universities declined and their administrative operations changed, reflecting a more market-efficient management including the contracting out of services by universities. The report also found that the growth of private and for-profit higher educational institutions skyrocketed. One of the more interesting realities I came across in my research was that student and media free speech on college campuses is more limited on private, not public, universities.

Blog #2: Change in Topic, Change in Diretion

I have switched my research focus toward individual rights on campus in regard to free speech and student media. This topic is not only personally important to me as someone who works for The Daily Targum, the independent student newspaper here at Rutgers, but also as an American. As cliche as that might sound, it is true. We should all be concerned about protecting each other's individual rights that are granted to us.
The change in my topic idea is not just because of the astounding evidence that exposes the lack of free speech on college campuses, but also because this right is vital to academia.  I believe this topic is one that does not get justice in the media and is a right that many colleges seem to forget about. Searching for this topic online is not particularly easy. There are only a few buzzwords that bring up results and finding those is what is difficult. "Free speech on campus," "student journalists rights" and "free speech zones" bring up some of the best results. For example, "free speech zone" brings up a current and focused article from Forbes. Another important piece, that I believe really drives the topic home is this one I found on Google Scholar. Additionally, this piece makes the point that freedom of the press in regard to school newspapers is even in the decline in public school districts. I believe the most important focus of my piece will be that of student newspapers on campus. Focusing on that will help truly reflect the ability students have to exercise their right to free speech. This includes looking into court cases and related issues with student publications. An interesting thing I have found from doing my research thus far is that private universities limit their students and especially student newspapers speech rights. As found in both of my sources linked above, especially the Forbes article about the Young Americans for Liberty chapter, exposes this reality. Universities utilize arbitrary policies to oppress students' free speech rights for whatever political reasons. The controversies on this topic are unique: Since the act of oppressing one's free speech -- especially on a college campus -- is controversial itself, the topic is one that people find controversial and therefore generally oppose said oppression. This means that the general tone of the sources found present a viewpoint that the oppression of students free speech on college campuses is widespread and unacceptable.