Skeptic Review

Speech Code: What does it mean and is it legal at American Universities?

The Foundation for Individual Rights in Education (FIRE) defines a “speech code” as any university regulation or policy that prohibits expression that would be protected by the First Amendment in society at large. Any policy—such as a harassment policy, a protest and demonstration policy, or an IT acceptable use policy—can be a speech code if it prohibits protected speech or expression.

Many speech codes impermissibly prohibit speech on the basis of content and/or viewpoint. An example of this type of policy would be a ban on “offensive language” or “disparaging remarks.” Other speech codes are content-neutral but excessively regulate the time, place, and manner of speech. A policy of this type might limit protests and demonstrations to one or two “free speech zones” on campus and/or require students to obtain permission in advance in order to demonstrate on campus.

If universities applied these rules to the letter, major voices of public criticism, satire, and commentary would be silenced on American campuses, and some of our greatest authors, artists, and filmmakers would be banned. These codes also lead students to believe they have an absolute right to be free from offense, embarrassment, or discomfort. As a result, other students begin the compromise of self-censorship.

These attitudes stay with students long after graduation. If students on our nation’s campuses learn that jokes, remarks, and visual displays that “offend” someone may rightly be banned, they will not find it odd or dangerous when the government itself seeks to censor and to demand moral conformity in the expression of its citizens. A nation that does not educate in freedom will not survive in freedom, and will not even know when it has lost it. It is to prevent this unspeakable loss of freedom that FIRE has created FIRE’s Spotlight Database.

The Spotlight Speech Codes Database is searchable by school name or state. Every year, FIRE reads through the rules governing student speech at more than 400 of our nation’s biggest and most prestigious universities to document the institutions that ignore students’ rights—or don’t tell the truth about how they’ve taken them away. FIRE’s Spotlight database will tell you if your school is one of them.