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CHAPTER 16 Free Speech on Campus
CHAPTER OUTLINE
I. Background and Facts about Free Speech
A. The Value and Nature of Free Speech
B. Hate Speech and Speech Codes
C. The Laws about Free Speech
D. Current Attitudes about Hate Speech
II. Moral Theories and Free Speech on Campus
A. Nonconsequentialism
B. Consequentialism
III. Moral Arguments and Free Speech on Campus
MULTIPLE CHOICE
1. The right to express your opinions or ideas without burdensome restraints from government
or society is called
a. the right to bear arms. c. the freedom of religion.
b. free speech. d. speech codes.
2. Which philosopher said that “free and unfettered debate is vital for the pursuit of truth”?
a. Immanuel Kant c. John Stuart Mill
b. Thomas Aquinas d. Plato
3. Free speech scholars Erwin Chemerinsky and Howard Gillman explain the tendency of
college students to favor disciplinary action for those who use offensive language by pointing
out that
a. this generation of students is especially sensitive to harm caused by bullying and
hateful speech.
b. today’s college students are more attracted to authoritarian rule.
c. this generation of college students has lost the capacity to care about freedom.
d. college students are naturally swayed by emotion.
4. Courts have often ruled against the use of speech codes at colleges and universities because
the codes were found to be
a. too permissive regarding offensive comments made in the classroom and thus ineffective.
b. so narrow that they didn’t prohibit any forms of speech and thus were ineffective.
c. too vague to be useful and so broad that they identified obviously protected speech
as banned speech.
d. beyond the authority of college administrators.
5. The U.S. Supreme Court has ruled that the government cannot forbid or punish any speech
unless it is an instance of
a. comments offensive to religious figures or people holding public office.
b. speech aimed at expressing negative opinions about democracy or capitalism.
c. harmful insults about vulnerable populations.
d. libel, incitement to lawlessness, obscenity, harassment, serious threats, or “fighting words.”
6. Hate speech is not merely unpleasant or offensive, because it can leave
a. people unsatisfied with democracy. c. perpetrators feeling guilty.
b. physical impacts on its targets. d. traces on the social conscience.
7. According to Chemerinsky and Gillman, which of the following kinds of on-campus
speech should be permitted without punishment?
a. threats or harassment
b. destruction of property
c. offensive language
d. disruptions of classes and campus activities
8. According to the nonconsequentialist approach to the freedom of speech, this freedom is
allowed up to, but not beyond, the point at which it
a. causes offense to someone based on the views or ideas expressed.
b. expresses a dislike of the government.
c. communicates a disagreement with a widely held religion.
d. interferes with someone else’s free speech rights.
9. Some consequentialists have argued that speech critical of an identity group or speech that
upsets people in such a group is in fact a form of violence. They contend such violent
speech is
a. definitely harmful, and on those grounds should be banned.
b. possibly harmful, but possible harm is irrelevant to whether it should be banned.
c. not harmful in the right way, and should not be banned.
d. harmful, but not enough to outweigh the benefits of this kind of speech, so it should not be banned.
10. Some consequentialists recognize the harms of hate speech, but argue that censoring it causes
even more harm. They therefore endorse
a. banning all hate speech.
b. allowing citizens the freedom to express hate speech.
c. banning some forms of hate speech.
d. revoking the First Amendment.
11. Consider the following argument:
1. If, on balance, speech codes do more harm than good, they should be eliminated.
2. Speech codes do harm by impeding the search for knowledge, undermining democracy,
banning the expression of unpopular ideas and views, and hampering free and open
dialogue.
3. Speech codes may do good by preventing some harm to vulnerable groups, but the good
does not outweigh the harm the codes cause.
4. Therefore, speech codes should be eliminated.
Which of the statements above would be accepted by both supporters and opponents of speech codes?
a. Statement 1 c. Statement 3
b. Statement 2 d. Statement 4
12. In 2017, the website security company Cloudflare discontinued its relationship with the Daily
Stormer, a website run by white supremacists who spread hateful, offensive messages online.
Without Cloudflare’s protection, the Daily Stormer was forced to retreat to the Dark Net,
where it is inaccessible to the majority of Internet users. Someone with a nonconsequentialist
perspective on free speech would say that Cloudflare’s decision was
a. morally unproblematic, because most people in the country are not white supremacists.
b. morally unproblematic, because white supremacists waive their right to free speech.
c. morally problematic, if the rationale was solely that the content incited violence.
d. morally problematic, if the rationale was solely that there was offensive content.
1. The central conflict in campus free speech controversies is between two moral goods that are
crucial to higher education: (1) free speech that enables the expression of all ideas and the
unfettered search for truth, and (2) a campus environment that protects and respects the
learning experiences of all students.
2. The terms “free speech” and “free expression” refer only to speaking, not to other actions,
such as acting, painting, or burning flags.
3. Free speech is what is called an absolute right.
4. A 2015 survey of college students showed that almost three-quarters favor disciplinary action
for any student or faculty member on campus who uses language that is considered racist,
sexist, homophobic, or otherwise offensive.
5. The U.S. Supreme Court has ruled that any speech found to be offensive, such as antiwar
protests, antigovernment rhetoric, blasphemy, and obscene speech, may be banned by the
government.
6. The most frequently heard arguments about campus free speech concern whether hate
speech should be regulated to prevent harm to vulnerable groups.
7. Nonconsequentialists necessarily hold the view that the right of free speech is absolute,
overriding such competing values as justice, equality, security, and the right to privacy.
8. Consequentialists necessarily reject restrictions on free speech, because the consequences of
doing so are always a net harm.
9. The question of whether displaying nooses on campuses—offensive symbols that represent
the crime of lynching and the horrific history of lynchings of black Americans during and after
the Jim Crow era—should be allowed is an issue of free speech.
TOP: III. Argument from Harm and Free Speech on Campus MSC: Applying
SHORT ANSWER
1. The term ________ refers to spoken or written words used to insult, disparage, or attack
people based on their social or ethnic group.
2. Many colleges and universities have enacted ________, which are campus regulations
banning the use of language or symbols thought to embody hate speech.
3. Free speech is enshrined in the U.S. Constitution’s ________ Amendment, which guarantees
freedom of expression by barring Congress from restricting what the press can disseminate
and what individuals can say.
4. ________ are defined as commonplace slights or insults conveyed intentionally or
unintentionally by words or actions to disadvantaged groups.
