Page 2 of 2 FirstFirst 1 2
Results 11 to 17 of 17
  1. #11
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Public College Restrictions on the Exercise of Free Speech

    Quote Quoting adjusterjack
    View Post
    I fail to see how the 14th Amendment even relates to a question about speech restrictions.[/B]
    It relates because the First Amendment to the U.S. Constitution is literally only a restriction on the federal government. It says:

    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.

    U.S. Const. Amend 1 (Italics added). So originally it was only Congress (the federal government) that was prohibited from interfering with freedom of religion, free speech and free press, the right to assemble and the right to petition the government.

    However, with the adoption of the 14th Amendment, which is an amendment directed at the States, the Supreme Court has held that most of the rights guaranteed to citizens in the federal Constitution also apply to the states. So when litigating a free speech case against a state or local government, the lawyer for the plaintiff will invoke the 14th Amendment as the basis for applying the First Amendment to the state before going on to discuss the First Amendment itself.

  2. #12
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Public College Restrictions on the Exercise of Free Speech

    Quote Quoting Taxing Matters
    View Post


    However, with the adoption of the 14th Amendment, which is an amendment directed at the States, the Supreme Court has held that most of the rights guaranteed to citizens in the federal Constitution also apply to the states. So when litigating a free speech case against a state or local government, the lawyer for the plaintiff will invoke the 14th Amendment as the basis for applying the First Amendment to the state before going on to discuss the First Amendment itself.
    Then the Supreme Court's exceptions to First Amendment free speech rights would generally apply to state and local government?

  3. #13
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Public College Restrictions on the Exercise of Free Speech

    Quote Quoting adjusterjack
    View Post
    Then the Supreme Court's exceptions to First Amendment free speech rights would generally apply to state and local government?
    Yes. The same case law applies to the states as well as the federal government. So, as it pertains to the OP’s public college situation, the college may impose reasonable restrictions on the manner, place, and time of speech while on university property. Designating a particular part of the campus for the unfettered expression of speech and restricting speech elsewhere on campus can be permissible but the exact details of the college’s speech policy would be critical.

  4. #14
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Public College Restrictions on the Exercise of Free Speech

    Quote Quoting moonman239
    View Post
    My question involves civil rights in the State of: California
    I go to a college that is government owned and operated. I'Be discovered that the college has certain rules regarding speech:
    1) Do not discriminate.
    2) There is a Hyde Park location designated for all other forms of speech. Only inside this location am I free to engage in any form of peaceful assembly.
    What exactly do you want to speak about? You can still talk to people about whatever you want, you just cannot create a huge hullaballoo in the center of campus as it disrupts the educational process.

  5. #15
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Public College Restrictions on the Exercise of Free Speech

    Have they stopped teaching this in high school ? When I went to school, you had to listen and learn in order to pass your classes. If kids learned this and other things, like they are suppose to, they might not get into so much trouble.

  6. #16

    Default Re: Public College Restrictions on the Exercise of Free Speech

    @Taxing Matters:
    Here is an excerpt from the student handbook: " the College District, in compliance with State law, will not tolerate behavior by students or staff, which insults, degrades, threatens, stereotypes or otherwise discriminates on the basis of marital status, pregnancy, political activities or affiliation and/or medical condition." The handbook then goes on to say there may be other forms of discrimination not specifically recognized by the Chancellor.

  7. #17
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Public College Restrictions on the Exercise of Free Speech

    Quote Quoting adjusterjack
    View Post
    There's a dearth of new posts and I have this unquenched need to help people.
    adjusterjack, I just moved and I need help unpacking and moving furniture. Im a Senior and I can't do things like I use to. I need some help and would appreciate it greatly.

    1. Sponsored Links
       

Page 2 of 2 FirstFirst 1 2

Similar Threads

  1. Free Speech
    By andrewbb in forum Banter
    Replies: 2
    Last Post: 03-27-2014, 06:46 PM
  2. Contempt of Court vs Free Speech
    By NCC 1701 in forum Debate the Issues
    Replies: 23
    Last Post: 08-07-2010, 11:35 PM
  3. Disorderly Conduct: Is Profanity an Exception to Free Speech
    By stebbinsd in forum Criminal Charges
    Replies: 16
    Last Post: 06-23-2010, 11:52 AM
  4. Divorce: Public Free Speech And Divorce
    By guerino1 in forum Divorce, Annulment and Separation
    Replies: 5
    Last Post: 02-24-2008, 07:04 PM
  5. Free Speech
    By deadlock in forum Debate the Issues
    Replies: 7
    Last Post: 09-10-2006, 08:40 PM
 
 
Sponsored Links

Legal Help, Information and Resources