Professional Documents
Culture Documents
Reaction Paper
McKenna Koewler
THE FIRST AMENDMENT ON CAMPUS 2
College campuses across the United States struggle to find the perfect balance between
upholding the First Amendment rights while maintaining a conducive learning environment. The
First Amendment of the U.S. Constitution states, “Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people to peacefully assemble, and to petition the
Government for a redress of grievances” (1789). The First Amendment applies to all public
institutions; private institutions, however, have exceptions. As higher education evolves, the First
Amendment continues to impact college campuses in different ways. Throughout this paper, I
will address three topics covered in The First Amendment on Campus: (1) the evolution of
higher education through the first amendment, (2) the differences between public and private
institutions as it pertains to the first amendment, and (3) considerations student affairs
Court cases such as Brandenburg v. Ohio, Cohen v. California, Healy v. James, and
similar cases have set precedents for higher education across the nation regarding the First
Amendment. The 1950s brought integration to college campuses, and the Civil War movement
was soon to follow. This movement ignited a controversial speaker on colleges campuses that
challenged the First Amendment. The disruptions caused were sometimes harmful, however,
these acts have impacted the world in many positive ways. For example, Brandenburg v. Ohio
set a precedent that “incitement,” verse speech, is not a protected First Amendment Right;
therefore, any action that incites violence is not a protected right. In Cohen v. California, Cohen,
wearing a vulgar shirt referring to the draft, was arrested. However, in this case, the court found
in favor of Cohen. Therefore, his clothing of choice was protected by the First Amendment.
Healy v. James addressed the right to assemble when a student organization was denied
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recognition on campus. Each case mentioned above addresses one aspect of the First
Amendment, and while these cases set precedents, the challenge to find an appropriate balance
still exists.
For higher education professionals to find this balance, they first need to understand the
amendment. As complex as the First Amendment is, higher education administrators and staff
should be able to recognize student rights. One challenge I encountered while reading The First
Amendment on Campus is how to determine the right action to take as a professional. A few
court cases seemed to be self-explanatory, while other cases tested moral and ethical principles.
For example, Boy Scouts of America v Dale found in favor of the Boy Scouts’ to dismiss a
scoutmaster based solely on their sexuality. In today’s society, this goes against many
When considering Boy Scouts of America v Dale in the context of a private institution the
dismissal very well could be a possible outcome. Private institutions do not have the same
restrictions as public institutions because of a public institution relationship with the government.
An agreement between the institution governs students at private institutions. However, some
states have fought for private institution students to be protected by the legislature. “Private
institutions that have a substantial amount of federal funding for their institution through student
financial aid and/or federal programs or grant dollars may be more vulnerable to challenge if
they have a substantial enough “nexus” with the government to be subject to governmental
restrictions (Bird, Mackin, & Schuster, 2006, p. 42).” Private institutions who receive substantial
federal funding are between the black and white lines of the First Amendment.
white; however, instances such as the private institutions receiving substantial federal funding
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create blurred lines making it difficult to find the balance. The First Amendment on Campus
alluded to several best practices for public higher education institutions to implement throughout
the book. Keep in mind, higher educations are to act within their role and not in the position of
the law, and there are a few practices student affairs professionals can implement to begin
creating a balance.
Typically, higher educational institutions have public forums when a controversial topic
is discussed. Conducting public forums is one method to address the balance. A forum is defined
as “a public space, esp. one devoted to assembly or debate” (Bird, Mackin, & Schuster, 2006, p.
32). There are five types of forums including the public forum (constitutional law), public form
(noun), traditional public forum, designated public forum, and limited public forum. Public
forms take place in a common or designated location that has traditionally served in a similar
capacity. For example, during the faculty strike at Wright State University, a public forum was
held in the Student Union Apollo room. This room is a very commonly used space for large
events such as a public forum. The topic for the public forum was designated by the Student
limited to particular groups or particular topics, as long as those restrictions are not based upon
the content of the message to be delivered (Bird, Mackin, & Schuster, 2006, p. 34).”
During public forums, students express their points of view, which can sometimes be
controversial. Another complication higher education face is how to define expressions. There
are multiple tests recognized by in chapter four such as balance test, time place and manner, and
the threshold analysis. The threshold analysis involves a three-step assessment: (1) identifying
First Amendment issues, (2) exceptions to the First Amendment, and (3) forum analysis.
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When identifying the First Amendment issues, student affairs practitioners are to
determine the underlying problems. The book suggests analyzing a series of questions to ensure
the entire event is investigated. Consider religion, expression, local new involvement, campus
answering these questions, it is easier to determine if student rights were guaranteed. If the First
Amendment right was not upheld, we move to step two, Exceptions to the First Amendment.
There are many specific exceptions to this amendment; however, the most common exceptions
harassment. The topics just listed are not covered by the First Amendment, and therefore the
institution may take appropriate action. The third and final step in the threshold analysis is to
analyze the forum. Institutions should consider the situation and understand the First
Amendment rights. By following this three-step threshold, analysis institutions can increase their
All in all, the First Amendment is a fundamental right that needs to be understood by all
higher education employees, not just staff members. After reading The First Amendment on
Campus, I was appalled by several scenarios in which their peers ignored students First
Amendment right. The resident assistant who made a floor bible study mandatory for students
who were exhibiting disruptive behaviors was shocking. One consideration when reading this
scenario is the type of institution: public or private. While the First Amendment protects citizens
right to practice their religions, it does not preserve the enforcement of religion onto another
student, which is what the resident assistant was doing in that scenario.
No matter the action the institution takes when addressing the First Amendment, they will
be criticized. Many years ago, the First Amendment caused uproars on college campuses, and
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this will continue to occur for the remainder of the institutions' existence. The controversial
topics discussed on college campuses are protected, and some community member will not
understand why. As offensive the discussion may be, it does not mean it is unprotected. The
Faculty may not view student affairs professionals as educators; however, we hold great
power to impact our student’s lives in many different ways. A strategy we can implement to
begin educating students is to meet with them when a speaker is coming to campus. Student
affairs professionals can provide a broad overview of the First Amendment and the potential
emotions the students may feel. It is essential to follow up with the students during and after the
event. The most important aspect of education is its continuation and reflection. Providing a safe
space for students to reflect on their experience can provide a deeper understanding of their
rights as a citizen of the collegiate community and community in which they live. Not only are
References
Bird, L. E., Mackin, M. B., Schuster, S. K., & National Association of Student Personnel
Administrators, I. (2006). The First Amendment on Campus: A Handbook for College
and University Administrators. NASPA - Student Affairs Administrators in Higher
Education.