In Chapter 11 the authors talk about special issues in regard to the First Amendment. This blog post will focus on the idea of free speech in public places. Specifically I will be focusing on is the concept that content neutral regulation may not be applied in a content-based manner. In 1951 the Supreme Court ruled in favor of a Baptist minister who preached in a public place without a permit. His initial permit had been revoked and he was denied a new one so he proceeded to speak anyway (Tedford and Herbeck 289). The decision was "New York cannot vest restraining control over the right to speak on a religious subject by an administrative official where there are no appropriate standards to guide his action." (Tedford and Herbeck 290).
This is similar to an issue that many members of the class may be familiar with and it is the preachers that typically show up in the fall to preach on the mall. They in a very public place speak their mind and while they harass students and tell them that they live in sin or that they are "sluts" for wearing shorts they are constitutionally allowed to do so. I completely disagree with most of the messages that they preach and while I would argue that harassing students shouldn't be allowed on a college campus there is no regulation that prevents them from spreading their message. What is unique is that private universities have every right to ban these preachers however, attempts to restrict them at public universities has consistently been turned down by federal courts. Should students be forced to listen to harassing language and religious rhetoric when they are trying to go to class?
Sources
Tedford, Thomas L., and Dale A. Herbeck. Freedom of Speech in the United States. 8th ed., Strata
Publishing, Inc., 2017.
This is similar to an issue that many members of the class may be familiar with and it is the preachers that typically show up in the fall to preach on the mall. They in a very public place speak their mind and while they harass students and tell them that they live in sin or that they are "sluts" for wearing shorts they are constitutionally allowed to do so. I completely disagree with most of the messages that they preach and while I would argue that harassing students shouldn't be allowed on a college campus there is no regulation that prevents them from spreading their message. What is unique is that private universities have every right to ban these preachers however, attempts to restrict them at public universities has consistently been turned down by federal courts. Should students be forced to listen to harassing language and religious rhetoric when they are trying to go to class?
Sources
Tedford, Thomas L., and Dale A. Herbeck. Freedom of Speech in the United States. 8th ed., Strata
Publishing, Inc., 2017.
I personally agree with you and think that these religious "preachers" should not be allowed on our campus harassing students who are trying to get to class. There views are not coherent with everyone's, it is inappropriate, and frankly annoying, especially when they try to throw bibles at you. I had a guy follow me across the bridge once trying to get me to take a bible from him. This ability of public persons outside of the university to seemingly harass students should be allowed to be restricted whether the school is public or private.
ReplyDeleteThe problem with our opinion on this is, as you mention, that the University of Minnesota is a public campus, meaning that anyone can come and go as they please. The Freedom of Speech, as we have studied thus far, cannot really be argued with or restricted for public settings unless on a government property or building (specific areas as such). There are many times where we have discussed public speech being a good thing to be protected under the First Amendment because that is how people express their opinions and make changes to our society and culture. I did not really think about public speech negatively until now, referring to the campus "preachers." I wonder if there is a way to convince the courts that universities, public or private, should be able to restrict speakers like the "preachers" we have mentioned on campus grounds.