Slate Writer: University students are children and do not deserve the freedom of speech

Turning 18 years old can be a magical age. With it comes the ability to vote, to smoke, to buy porn, to enlist and go to war for your country.

But despite these freedoms and the ability to fight for other people’s freedoms, Eric Posner, a professor at the University of Chicago Law School and writer for Slate, does not believe 18-year-olds should have any rights when they step onto a college campus because they are still “children.”

Posner wrote a new op-ed, titled “Universities Are Right—and Within Their Rights—to Crack Down on Speech and Behavior,” questioning why people are upset about campus censorship.

From his piece:

“Conservatives and libertarians are up in arms. They see these rules as an assault on free speech and individual liberty. They think universities are treating students like children. And they are right. But they have also not considered that the justification for these policies may lie hidden in plain sight: that students are children. Not in terms of age, but in terms of maturity. Even in college, they must be protected like children while being prepared to be adults.

There is a popular, romantic notion that students receive their university education through free and open debate about the issues of the day. Nothing could be farther from the truth. Students who enter college know hardly anything at all—that’s why they need an education. Classroom teachers know students won’t learn anything if they blab on about their opinions. Teachers are dictators who carefully control what students say to one another. It’s not just that sincere expressions of opinion about same-sex marriage or campaign finance reform are out of place in chemistry and math class. They are out of place even in philosophy and politics classes, where the goal is to educate students (usually about academic texts and theories), not to listen to them spout off. ”


Posner’s crackdown on freedom of speech is not just limited to classrooms. He also believes that they should not have freedom of speech anywhere on campus. He said that since they are the equivalent of children, this will help them to be less “offensive” to one another and create a more positive environment as a whole.

“Most of the debate about speech codes, which frequently prohibit students from making offensive comments to one another, concerns speech outside of class. Two points should be made. First, students who are unhappy with the codes and values on campus can take their views to forums outside of campus—to the town square, for example. The campus is an extension of the classroom, and so while the restrictions in the classroom are enforced less vigorously, the underlying pedagogical objective of avoiding intimidation remains intact

Second, and more important—at least for libertarians partisans of the free market—the universities are simply catering to demand in the marketplace for education. While critics sometimes give the impression that lefty professors and clueless administrators originated the speech and sex codes, the truth is that universities adopted them because that’s what most students want. If students want to learn biology and art history in an environment where they needn’t worry about being offended or raped, why shouldn’t they?”


Posner’s entire argument boils down to this one point, “Critics complain that universities are treating adults like children. The problem is that universities have been treating children like adults.”

But no matter how much Posner wants to believe that 18-year-olds are children, they are legally adults. And stepping onto a college campus does not mean that they have signed away their constitutional rights.

Related Content