Nic Gibson | Staff Writer
What allows us to be free as American citizens? Well one of the first and very impactful reasons is the first amendment.
The first amendment guarantees us the right to establish and exercise any religion we so choose, it guarantees our freedom to speak, peacefully assemble, to petition and finally it guarantees us the right of free press. The interpretation changes a little bit when it gets thrown into the pit with education. In this hypothetical pit, you have public colleges and private colleges fighting each other to increase their student body. Each year, students select, usually in large quantities, to attend public institutions and it’s primarily due to the cost. The freedom’s guaranteed by higher education are often questioned because most people don’t know what freedoms they have.
Public universities are a little bit different. Since these universities are created by the state government and funded by it they are not able to have speech-restrictive policies. It’s easier to say what isn’t allowed than it is to say what is allowed with public universities when it comes to discussing free speech. Some of the things that you are free to do at a public college are:
• Engage in speech that does not interfere with the rights of others or the operation of the school.
• The right to free religious and unaccepted speech
• The right to freely express yourself through clothing, newspaper editorials, and demonstrations.
• The right to free speech in public forums (internet communications).
These very different but highly regarded rights are all covered in the first amendment and are guaranteed to students that choose to attend public colleges. Private colleges can also follow each of these rights but private colleges are able to have more say in what you can and cannot do.
As a member of the Buena Vista University student body, I feel it is necessary to discuss why private colleges are a little different! Private colleges are not state actors, and thus, the First Amendment does not stop them from enacting speech-restrictive policies. Private colleges have to use the cost of tuition and private contributions to cover the expenses that the state covers for public universities. Specifically, Buena Vista does not require assistance from the state legislature. Buena Vista University has the ability to enforce speech restrictive policies but they have chosen to follow and rule according to the First Amendment. Incidents on campus such as the homecoming shirt design are protected as free speech, although BV does have the ability to limit whether or not something can be worn at certain events. The homecoming shirt, in this case, could cause public unrest and it has the ability to defame the university. Due to the reference of alcohol they also have another reason to limit the usage of the shirt. When regarding Buena Vista University’s student run newspaper, the university has the ability to enact prior restraint, although it has not needed to and more than likely will not need to. You also can be censored on public forums at a private university due to the message.
In terms of choosing your school based on your rights, you have these freedoms whether you are at a public university or at a private university. One of the big differences is that private institutions can limit their students and in extreme cases, suspend students. Now that you know that you are almost always guaranteed your first amendment rights you can determine where you are going to school with a little bit more knowledge!
