Campuses as Faux Nations

Autor/in	La Noue, George R.
Titel	Campuses as Faux Nations
Quelle	In: Academic Questions, 34 (2021) 3, S.48-53 (6 Seiten)Infoseite zur Zeitschrift PDF als Volltext (1); PDF als Volltext kostenfreie Datei (2) Verfügbarkeit
Sprache	englisch
Dokumenttyp	gedruckt; online; Zeitschriftenaufsatz
ISSN	0895-4852
Schlagwörter	College Students; College Environment; Civil Rights; Academic Freedom; Student Rights; Freedom of Speech; Search and Seizure; Constitutional Law; Court Litigation; School Policy; Policy Formation + Suchen Sie Ihr Suchwort? Collegestudent; Hochschulumwelt; Bürgerrechte; Grundrechte; Zivilrecht; Akademische Freiheit; Redefreiheit; Polizeieinsatz; Staatsrecht; Rechtsstreit; Schulpolitik; Politische Betätigung
Abstract	The problem is the widespread practice by many campuses in defining community membership in ways that deny their students the civil liberties and civil rights all other Americans are guaranteed. Thus, when forty-year old veterans enroll for even one part-time course, they may find that First and Fourteenth Amendment rights existing off campus no longer apply to them as students. They may seem to have joined a different nation with various sets of ambiguous rules. Some campuses place those sanctions not only on campus-based actions, but on social media comments made in the distant past as well. The reality is that there are more than 3,000 campuses in the United States. The efforts by Alliance Defending Freedom (ADF), Foundation for Individual Rights in Education (FIRE), Speech First, and other organizations have been essential in establishing legal precedents and at least providing temporary relief to victims of speech suppression on various campuses. But the new judicial openness to holding campus authorities accountable through the imposition of personal damages offers an alternative to the "whack a mole" approach now used. In this article, George La Noue argues to create damage precedents, litigation will have to be more time consuming and expensive requiring attorney fees to be sought when cases are won. Extensive discovery and depositions with the creators of speech suppression policies will be necessary. Who drafted the policy and which administrators and board members reviewed it? What role did campus activists or outside groups play in policy design? Was legal counsel involved and what was their advice? Given that sort of record, a court can determine whether damages should be assessed, how much they should be, and who should pay them? When those sorts of precedents are established, more responsible speech policies consistent with constitutional rights in higher education nationwide will start to be seen. (ERIC).
Anmerkungen	National Association of Scholars. 420 Madison Avenue 7th Floor, New York, NY 10017. Tel: 917-551-6770; e-mail: contact@nas.org; Web site: https://www.nas.org/academic-questions
Erfasst von	ERIC (Education Resources Information Center), Washington, DC
Update	2024/1/01