Conservatives are passing laws requiring public universities to protect free speech. It’s probably a bad idea

Published February 1, 2018 5:01am ET



This month, South Dakota became the latest state to see Republican legislators propose a bill requiring public universities to implement pro-free speech policies. The intention of such efforts to make campuses hospitable to free inquiry is admirable, but these bills are likely to cause more problems than they solve.

South Dakota’s bill prohibits the use of restrictive “free speech zones” and requires public universities to publish annual reports on steps taken to improve intellectual diversity on campus. The bill is part of a growing trend. Five states have already passed similar bills, and there are more in the pipeline. Colorado’s bill also prohibits the use of free speech zones. Tennessee does the same, in addition to introducing a more restrictive definition of “harassment” and prohibiting universities from revoking invitations to speakers. Virginia’s simply reminds universities that they can’t abridge the First Amendment rights of their students, faculty, employees, and guests. And North Carolina, using model legislation from the Goldwater Institute, mandates teaching students about free speech during orientation and requires punishments for those who interfere with the speech of others. It would also create a “Committee on Free Expression” to oversee it all.

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