In a university setting, professors often balance teaching responsibilities with their own freedom of expression. But when it comes to topics that may provoke strong reactions, what rights do professors have to freely express their views within the classroom? Continue reading to learn about the boundaries of professors’ free speech rights and how these rights intersect with university policies. Here are some of the questions you may have:
Does the First Amendment Apply to Professors at Public Universities?
The First Amendment protects free speech in the United States, but its application to university professors can vary, particularly between public and private institutions. For professors at public universities, the First Amendment typically provides some protections for free expression because these institutions are considered part of the government. This means public universities cannot restrict what a professor (or any employee) says in their capacity as a private citizen on a matter of public concern. So, for example, if a professor expresses political opinions on their personal Twitter account, a public university cannot take action against that speech even if students and colleagues are offended or upset.
Classroom speech is another matter. Generally speaking, public employees have fairly limited free speech rights in the workplace setting – the First Amendment does not, for example, give a government employee the right to curse out a co-worker at a staff meeting. So overall, speech made pursuant to a public employee’s job duties receives much less protection. The Supreme Court has recognized, however, that this may be different in the classroom setting, and left open the possibility that public university professors’ classroom speech may be entitled to greater protection than public employees’ speech more generally. Because the Supreme Court left this question open, the scope of public university professors’ free speech rights varies by jurisdiction, because it depends on more localized court decisions.
Can a Private University Limit a Professor’s Free Speech More Than a Public University?
Unlike public institutions, private universities are not bound by the First Amendment. Instead, their policies regarding free speech and academic freedom are often governed by internal codes of conduct and employment contracts. Private universities generally have more leeway to restrict speech in the classroom, especially if it conflicts with institutional values or disrupts the educational experience.
In some cases, private universities may outline specific guidelines around free speech in their employment agreements or faculty handbooks, making it clear that professors must adhere to the institution’s mission and principles. If a professor’s classroom speech is considered contrary to these principles, the university may take action. However, professors at private universities still have some protection under contract law; if the institution promises academic freedom in its policies, professors may argue that their speech is protected as a contractual right.
If you are a professor at a public or private university and you believe your free speech rights have been violated, please don’t hesitate to speak with the knowledgeable faculty rights lawyers here at Allen Harris today.
