Campus Free Speech: A Pocket Guide

by Cass R. Sunstein

From renowned legal scholar Cass R. Sunstein, a concise, case-by-case guide to resolving free-speech dilemmas at colleges and universities.

Free speech is indispensable on college allowing varied views and frank exchanges of opinion is a core component of the educational enterprise and the pursuit of truth. But free speech does not mean a free-for-all. The First Amendment prohibits “abridging the freedom of speech,” yet laws against perjury or bribery, for example, are still constitutional. In the same way, valuing freedom of speech does not stop a university from regulating speech when doing so is necessary for its educational mission. So where is the dividing line? How can we distinguish reasonable restrictions from impermissible infringement?

In this pragmatic, no-nonsense explainer, Cass Sunstein takes us through a wide range of scenarios involving students, professors, and administrators. He discusses why it’s consistent with the First Amendment to punish students who shout down a speaker, but not those who chant offensive slogans; why a professor cannot be fired for writing a politically charged op-ed, yet a university might legitimately consider an applicant’s political views when deciding whether to hire her. He explains why private universities are not legally bound by the First Amendment yet should, in most cases, look to follow it. And he addresses the thorny question of whether a university should officially take sides on public issues or deliberately keep the institution outside the fray.

At a time when universities are assailed on free-speech grounds from both left and right, Campus Free A Pocket Guide is an indispensable resource for cutting through the noise and understanding the key issues animating the debates.

Genres: Law, Politics

160 pages, Hardcover

Published September 3, 2024

About the author

Cass R. Sunstein is an American legal scholar, particularly in the fields of constitutional law, administrative law, environmental law, and law and behavioral economics, who currently is the Administrator of the White House Office of Information and Regulatory Affairs in the Obama administration. For 27 years, Sunstein taught at the University of Chicago Law School, where he continues to teach as the Harry Kalven Visiting Professor. Sunstein is currently Professor of Law at Harvard Law School, where he is on leave while working in the Obama administration.

Reviews

[Jenni · Rating 4 out of 5]

Succinct, nonpartisan, contemporary, and accessible for lay readers. Conclusive where legally appropriate and responsibly speculative where not. Passes scruff by this George Stone-trained U Chicago attorney!!

Sunstein offers a broad yet concrete explanation of the current constitutional protections and limitations surrounding campus speech for both students and professors. He illustrates these concepts with maybe 50 or so highly topical examples, all directly relevant to present-day issues. For instance, he succinctly clarifies which types of demonstrations in the Columbia encampment saga were protected and which were not, briefly explaining the legal rationale behind each. He doesn’t moralize or (unfortunately, IMO!!) get sidetracked by extensive theory.

Rating: 4 or 4.5. Basically perfectly implemented its pretty limited goals.

[Carson · Rating 4 out of 5]

Very good! Super timely. I appreciated that this was written as sets of circumstances, almost identical to scenarios that I'll be reading in law school texts and exams. I did however think some aspects of university control are missing - I would've liked to see more on religion and university sponsored clubs, for instance. Unless I missed it in the notes, I didn't see Christian Legal Society v. UC Hastings, for example. Maybe an overview of all applicable Supreme Court landmark cases in an appendix would be a good idea, but I digress. This was easily digestible and everyone affiliated with a university in this day and age especially should read and enjoy.

[Joshua Evan · Rating 5 out of 5]

This book should be on the shelf of all college administrators and student affairs professionals. This concise guide to free speech issues gives plenty to think about and even a foundation for developing or editing current speech policies at public and private universities. Invaluable.

[Kelly · Rating 4 out of 5]

Concise reference on campus speech law.

[ash · Rating 3 out of 5]

very informative but very opinionated. do i agree with the author’s views? mostly. but that’s not why i read. i read to learn other viewpoints, not to solidify my own.

[William Schlickenmaier · Rating 5 out of 5]

Should be required reading for all college students, faculty, staff, and applicants.

[Melanie R · Rating 4 out of 5]

Concise and well written. The author uses super short hypothetical cases to illustrate Free speech on both private and public universities.