
Compelled speech is a complex and often misunderstood concept in the realm of free expression, particularly in higher education. It refers to situations where the government (including governmental entities such as state universities) requires you to express ideas or beliefs you may not agree with, and it can be a violation of your First Amendment rights. Understanding compelled speech and its implications is essential for students, faculty, and university administrators facing this sensitive issue. Continue reading to learn more and contact our seasoned free speech and higher education lawyers if you believe your rights have been violated in any capacity.
What Does “Compelled Speech” Mean?
Compelled speech occurs when an individual is forced, by law or policy, to express a particular message or adopt a specific viewpoint. This stands in contrast to the right to free speech, which protects individuals from government interference in expressing their own opinions.
In the United States, the First Amendment not only safeguards the right to speak freely but also protects individuals from being compelled to speak against their will. The landmark Supreme Court case West Virginia State Board of Education v. Barnette (1943) highlighted this principle. In that case, the Court ruled that requiring students to salute the flag and recite the Pledge of Allegiance violated their First Amendment rights, stating, “If there is any fixed star in our constitutional constellation, it is that no official… can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.”
How Does Compelled Speech Arise in Higher Education?
In the college and university context, compelled speech issues often surface in policies or practices that require students or faculty to express specific ideas or adopt particular viewpoints. Examples include:
- Mandatory Diversity Statements: Some universities require faculty applicants to submit diversity statements outlining their commitments to diversity, equity, and inclusion. These mandatory statements may compel individuals to express viewpoints they do not genuinely hold.
- Classroom Assignments: Certain coursework may require students to adopt a specific perspective or produce work that aligns with a particular ideology. While academic inquiry often involves exploring diverse viewpoints, forcing students to advocate for beliefs they disagree with outside of the classroom (for example, requiring students, for credit, to write a state legislator to argue for or against a particular bill) raises concerns about compelled speech.
- Speech Codes: Policies that mandate the use of specific language, such as preferred pronouns, can also raise concerns about compelled speech. While intended to encourage respect and inclusivity, these requirements must balance the rights of individuals to choose their language with the rights of others to be free from discrimination.
Is This Type of Speech Legal?
The legality of compelled speech depends on the circumstances and whether the institution involved is public or private.
- Public Universities: As government entities, public universities are bound by the First Amendment. Policies or actions that force students or faculty to express particular viewpoints are likely unconstitutional. Courts have consistently ruled that public institutions cannot compel speech that violates individual rights.
- Private Universities: Private institutions are not bound by the First Amendment but may face scrutiny if they violate their own stated commitments to free expression. Additionally, contractual obligations, such as those outlined in student handbooks or faculty agreements, may provide some protection against compelled speech.
Ultimately, compelled speech is a significant issue in higher education, where the balance between free expression and institutional values is often contested. While universities have a responsibility to promote inclusivity and academic inquiry, they must also respect the constitutional rights of students and faculty.