Court ruling threatens university free speech
This paper you are holding – and the words you are reading – are legally protected by the First Amendment of the United States Constitution. The right to say what you want, without fear of reprisal from the government, is sacred and untouchable.
But a case that was decided last week in a U.S. Court of Appeals threatens to undermine that right for students everywhere.
In a 7-4 decision, the justices of the Seventh Circuit Court of Appeals ruled on Tuesday that Hazelwood v. Kuhlmeier, a 1988 decision that limits high school students’ freedom of expression, applies to colleges and universities as well.
The Hazelwood decision states that if a school administration’s censorship of student expression is “reasonably related to legitimate pedagogical concerns,” and if the forum being censored is not “for public expression,” then it is allowed.
The decision had an immediate impact on the Hazelwood high school newspaper. But justices also said the decision could also apply to other student activities, such as theater and art shows.
Now, the judges of the Seventh Circuit court have unfortunately curtailed college and university students’ First Amendment rights as well. In the case Hosty v. Carter, the majority of justices ruled the administrators at Governors State University can apply the principals of the Hazelwood decision to censor their student newspaper.
The ramifications of this decision could topple the very foundations of a university’s mission in the educational world. Administrators and professors love to brag about how college is a “marketplace of ideas,” where almost anyone and everyone can have a say in their education.
But how can you have a free exchange of intellect when some opinions are squashed, and others are rubber-stamped by the administration? Administrators at Governors State – and any other campus where they apply Hosty v. Carter – are shooting themselves in the foot and condemning students to a stagnant education.
Equally troubling, the decision cripples the system of checks and balances that is a cornerstone of this country. Dean Patricia Carter at Governors State wants to censor the student paper because it was publishing articles and editorials critical of the administration. But why does the press exist, if not to be critical of those in power? Who will hold the administration accountable when the administration approves what prints and what does not?
And if you aren’t inclined to like the press anyway, consider this: under Hosty v. Carter, administrators could potentially, among other things, limit the ability of student groups to bring certain speakers or show certain movies on campus.
For now, the rights of students in California are safe. The decision only applies to Illinois, Indiana and Wisconsin. And California is among six states that have laws which protect the free expression rights of students. (The Daily Bruin, as a part of Student Media, does not report to the UCLA administration.)
Nevertheless, the decision sets a precedent, and it’s a troubling one. University administrators should be encouraging free speech on campus – not silencing it.

