No danger flowing from free speech can be deemed clear and present unless the incidence of the evil apprehended is so imminent that it may befall before there is an opportunity for full discussion. Only an emergency can justify repression. Justice Louis Brandeis
The October 7th massacre in Israel has exposed deep rifts within American society towards Judaism, Zionism and Arab land claims. Nowhere is the split more severe than on our college campuses. Not only are student groups clashing, often with violence, but administrators and financial benefactors are finding the path forward difficult.
Florida Proposes Limits to Student Activity
The opening quote addresses the struggle between protection of speech and protection of society. The Florida legislature has opted to protect society on the college campus by introducing HB 465 (Postsecondary Education Students). The debate over possible free speech infringement has begun.
House Bill 465 (currently in committee) proposes:
- State Colleges will be required to report students attending on F-1 visas and advocating for foreign terrorist organizations to the US Department of Homeland Security.
- State Colleges will be required to assess out-of-state rates for students promoting foreign terrorist organizations.
- State Colleges will make students promoting foreign terrorist organizations ineligible for fee waivers, grants, financial aid, scholarships and tuition assistance.
Free Speech Violation?
Opponents of HB 465 contend that it violates the 1st Amendment rights of
students who support Hamas. Their position is based on multiple US Supreme Court decisions affirming free speech rights to organizations unpopular with mainstream America. At first glance HB 465 would seem at odds with SCOTUS free speech decisions.
Justifiable Action?
Supporters of HB 465 will point to two mitigating factors that weaken accusations of free speech denials. Both can be claimed as obvious. The first is the violent nature of many campus pro-Hamas demonstrations. Even when no blows are exchanged the threatening behavior of pro-Hamas demonstrators towards opponents is outside of free speech norms as has been experienced in our recent past.
The second is the US Government designated Hamas a Foreign Terrorist Organization in 1997. Supporters can reasonably claim that subsidizing students supporting such an organization encourages those who wish America harm.
Teachable Moment?
College campuses used to thrive on 1st Amendment rights. Rightfully, they were places of ideas, debate and consideration. Currently the modern day campus seems to be an echo chamber of “virtue signaling”. Opposing ideas become screaming matches. Speakers at odds with current “thought” are shouted down or disallowed altogether.
Much of this strife can be laid at the feet of parents, faculty and administrators. We must remember that the students are still in formative years and require the words NO and ENOUGH when behaving in uncivil or violent ways.
Our Constitution is the greatest government document ever produced. The very first of its amendments addresses our right to free speech. It is up to us, the parents, educators and administrators, to ensure that students (our children) understand with absolute clarity that free speech extends to both sides of an issue.
COS Encourages Legislative Relationships
HB 495 is an attempt to address college strife in light of the recent slaughter in Israel and its aftermath.
Do you believe it goes too far and imposes on 1st Amendment rights or do you feel that violence and terrorist organization support are a bridge too far?
Whatever your position, please discuss it with your legislators. Calm and rational conversation will usually win the day. To learn more about how to speak to legislators check out these COS Resources.
