Free speech and universities

 At Stanford, recent event are helping us remember that our speech policy is the First Amendment.

That hasn't always been front of mind at Stanford, and now that it is, it is still distressing to see a student wearing a Hamas headband on campus, but it's worth remembering that freedom of speech is important, and important at universities. (The First Amendment is generally understood to also imply freedom of association, so you should feel free not to hire a Hamas supporter who graduates from Stanford.)

Here's the First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Because the First Amendment only restricts government from abridging the freedom of speech, private universities (although not public ones) are entitled to have more restrictive speech codes.  But in California, the 1992 Leonard Law forbids private secular universities from restricting student speech  protected by the First Amendment.

In 1994, a court ruled (in the case of Corry v. Stanford) that a Stanford prohibition of certain "fighting words" when addressed to individuals violated the Leonard Law. Stanford's then president, Gerhard Casper, subsequently addressed the faculty senate, giving his thoughts on speech at a university:

Statement on Corry vs. Stanford University (by Gerhard Casper)

Here are his concluding sentences:

"Harassment, threats or intimidation continue to be unacceptable. Should they go beyond what is protected by law, we will invoke university disciplinary procedures. Otherwise, we shall continue to do what we always have done. We shall counter prejudice with reason. The work of reason is hard work, as is the work of building and maintaining a great private university. I invite all faculty, students and staff to continue the work of reason."