Things to Know About the First Amendment:
- The Supreme Court continues to affirm that colleges and universities cannot punish
or censor the expression of mere ideas expressed in public, however offensive they
may be.
- Outside of the classroom, the campus constitutes a looser zone of largely unrestricted
speech, as guaranteed by the First Amendment.
- True threats to, and/or harassment of, individuals are not protected speech anywhere.
They each have a specific legal definition and are usually determined on a case-by-case
basis.
The Classroom
In the classroom, controversial topics can and do arise. Individuals may express sentiments
you find harmful, offensive, destructive, etc. You can and should exercise your discretion,
potentially responding directly to offensive speech in the classroom with speech of
your own, bearing in mind that your professional obligation as an instructor and student
is to treat everyone with respect and dignity.
This webpage does not address aspects of academic freedom related to faculty’s research, public speech,
publishing, or other speech outside the classroom.
Classroom Speech is Different
According to OCC policy, classrooms have different rules than public areas. Classrooms
are considered non-public areas – that is, places “normally not intended to be open
to the general public for purposes of expressive activities or gatherings.”
That means certain types of speech allowed in general areas of campus are not allowed
in classrooms, including demonstrations, amplified sound, and signage, as well as
“any activity that interferes with academic or operational functions.” Non-public
areas have separate free speech procedures that differ from open public forum areas.
Creating an Inclusive Classroom Climate
While instructors are responsible for creating and sustaining a welcoming, accessible
and inclusive campus, it is all of our responsibility to make space for different
opinions in our classrooms, which may mean withholding our personal views on a topic
to help us all understand rather than judge.
Exploration of controversial topics
In the classroom, this means that instructors have the right to explore topics, perspectives,
ideas, and views according to their professional judgment about appropriate content. |
Creating an inclusive climate
OCC uses a broad and inclusive definition of diversity to examine and address historical
exclusion and marginalization of certain groups. It states that promoting equity requires
active measures to address barriers that can prevent some individuals from fully accessing
and enjoying the benefits of our facilities, educational opportunities, and information
in the same way that other individuals do.
This work includes developing course content that intentionally values all voices,
while mitigating intentional and unintentional incidents of bias.
OCC welcomes and supports students of all backgrounds and viewpoints on campus and
in our classrooms.
We can and must foster a climate of sensitivity and understanding for all members
of our community, in particular those of historically oppressed and/or marginalized
backgrounds, without resorting to censorship.
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Engaging challenging speech
When individuals express ideas that offend others, we encourage you to emphasize inclusion,
integrity, respect, community, and social justice to re-direct discussions. It is
also helpful to work collaboratively to establish and reinforce class discussion guidelines
at the start of the semester.
Instructors should feel empowered to engage with difficult or offensive speech in
a respectful and direct manner if the speech relates to class material. In so doing,
instructors model to students effective argumentation, logic, and critical thinking.
Moreover, instructors can teach students methods of responding to speech in which
they may disagree. Instructors also enjoy the discretion to calmly redirect and move
on from student speech that veers off topic into offensive terrain.
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Robust commitment to free speech and open inquiry
OCC's mission is to produce and disseminate knowledge. Knowledge advances when all
beliefs, ideas, and opinions are subject to scrutiny, investigation, and criticism.
Assuming we know the truth before investigating it, or censoring those who would dare
question, us does not advance knowledge or provide critical thinking skills.
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OCC both requires and celebrates a robust commitment to free speech and open inquiry
Our mission is to produce and disseminate knowledge. Knowledge advances when all beliefs,
ideas, and opinions are subject to scrutiny, investigation, and criticism. Assuming
we know the truth before investigating it, or censoring those who would dare question
us does not advance knowledge or provide critical thinking skills.
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OCC welcomes and supports students of all backgrounds and viewpoints on our campus
and in our classrooms
We can and must foster a climate of sensitivity and understanding for all members
of our community, in particular those of historically oppressed and/or minoritized
backgrounds, without resorting to censorship.
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What is Unprotected Speech?
Some speech may be subject to discipline if it is so serious and injurious that a
specific legal threshold is met. This varies based upon the type of speech at issue
and includes; Incitement of Imminent Lawless Action; Threat; Defamation; Obscenity;
and Harassment.
Student Conduct
Freedom of Expression
As a college, we are dedicated to the pursuit of the truth — no matter how uncomfortable
that truth is or what power structures or belief systems it challenges. Our duty in
pursuing truth is to serve all members of our society by shedding light on reality,
rationality and possibility.
As an educational institution, we strive to give our students the intellectual tools
to shed light upon difficult, complicated, messy problems — to apply reason to what
can be highly charged, emotional issues and to conduct the debate or discussion with
civility and the utmost respect for others’ right to air their points of view.
The right to free speech and expression is broad and allows for speech that is offensive
that most of us would consider as disrespectful, and even sexist or racist. We are
committed to the free exchange of ideas and free expression, and are obligated to
uphold this right as a public institution firmly committed and legally bound to permit
speech that falls within the broad definition of protected expression.
Students are free to express their individual and collective political views, provided
they understand and make clear that they are not speaking for or in the name of OCC.
We will not always agree, but we must all take responsibility for engaging with each
other respectfully, for truly listening to each other and for keeping our minds open
to new ideas. We are all here to learn with and from each other.