Embry-Riddle Aeronautical University in Prescott, Arizona, is largely dedicated to aviation and aerospace programs. However, it clearly does not show the same dedication to free speech. The school recently banned “discussions about the number of genders” in outdoor spaces. This ban is a fundamental denial of free speech values in education that should be denounced by all sides of this debate.According to the Young America’s Foundation, the group was informed by ERAU Director of Student Engagement Kelsey Tempas that
“[d]iscussions about the number of genders has [sic] been determined to meet our definition of political content. Thus, per current campus policies this event cannot take place in outdoor or other public spaces (including tabling locations). If you would like to shift your event to a classroom or other private location, I’m happy to facilitate finding you a new location.”
The group indicated that it would file a complaint with the U.S. Department of Justice’s Civil Rights Division. It cited President Donald Trump’s executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” That order requires federally funded institutions to “respect the rights of students to assert the binary nature of sex.”
The status of the school as a private institution is likely to be cited as a protection against any effort to compel greater diversity of thought and free speech.
Pundits and politicians, including former presidents Joe Biden and Barack Obama, have justified their calls for censorship (or “content moderation” for polite company) by stressing that the First Amendment only applies to the government, not private companies. That distinction allows Obama to declare himself to be “pretty close to a First Amendment absolutist.” He did not call himself a “free speech absolutist” because he favors censorship for views that he considers to be “lies,” “disinformation,” or “quackery.”
The distinction has always been a disingenuous evasion. The First Amendment is not the sole or exclusive definition of free speech. Censorship on social media is equally, if not more, damaging for free speech. Those who value free speech should oppose blacklisting systems, as was the case during the McCarthy period. Now that conservatives and libertarians are being blacklisted, it is suddenly less troubling for many on the left.
The same is true for private universities. Even if discrimination laws did not apply directly to universities, they would still be discriminatory and wrong in using race or religion or gender to bar individuals from admissions or appointments. Free speech is no different. It is not only a core human right, but a vital component to the mission of higher education.
Embry-Riddle is dead wrong in this reported ban of public debates over gender identity. It should immediately reverse this ill-considered, heavy-handed policy.
Jonathan Turley is the Shapiro professor of public interest law at George Washington University and the author of “The Indispensable Right: Free Speech in an Age of Rage.”
Good Lord — these people are missing Common Sense! — a very missing concept for educators it seems! Hardly a place I would want my kids to go to school.
Free speech is free speech — anywhere! So, if a school bans it, then they are against the Constitution. What is wrong with school administrators not understanding this? To curtail one aspect of free speech to to curb it all – inside/outside/or around the town!. Dangerous grounds for any institution.
No, they are not against the constitution. The constitution says only that Congrefs shall make no law abridging the freedom of speech. They are not Congrefs.
And I fundamentally disagree with Prof Turley on this: THERE IS NO SUCH THING AS A FREEDOM OF SPEECH on someone else’s property. If you come into my home, or my business, and you say things I dislike, I will have no compunctions about throwing you out. If you are my employee and you say things I don’t like enough, I have a natural right to fire you for it, and I deny Congress has any right to tell me not to.
#1. Brown Jackson discussed pedos and child porn sentences during her confirmation hearing. She pointed out that because of computers some had millions of pictures. What’s the threshold for max sentencing.
IT and AI play an important part in free speech. The possibility of programming a population is greater with these devices. Standing in a quad on a soap box? Education and classrooms program and do and have, captive audiences.
Gender as to biological male or female without a disorder? Contact sports and battlefields, gyms, bathrooms and ?
#1. Please keep in mind intersex persons. Hopefully there’s good medical care. These are private as medical.
That is a rare (and physical/factual) situation that deserves understanding and compassionate accommodations. That particular (and different) circumstance does not warrant forcing people at large to accommodate the delusions of those with mental issues.
Organizations must be able to conduct their affairs and activities without disturbance of any type.
In locations that are not critical to that end, freedom of speech must be facilitated and not infringed.
Sounds good..
Not on my property. If you are on my property you will obey my rules, or you will be evicted.