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What do I do if my freedom of speech is violated at my university?

By June 19, 2023September 17th, 2024No Comments

College campuses have traditionally been considered bastions of free speech, where students can express their views and engage in robust discussions without fear of censorship or retaliation.

However, there have been instances where students’ freedom of speech has been curtailed or violated on campus, leading to concerns about the limits of free speech on college campuses.

If you find yourself in a situation where your freedom of speech has been violated at your university, it can be a confusing and frustrating experience. Our team at the DC Student Defense has experience with these situations so we can help you figure out what the steps you can take to protect your rights.

Freedom of speech cases at a college or university

Because college students are no longer minors, they tend to have more protections when it comes to freedom of speech.

Unfortunately, that doesn’t always mean that universities and colleges follow the rules.

In fact, they may still try to retaliate against students in different ways, which can include:

  • Threatening scholarships
  • Putting you on academic probation
  • Disciplinary procedures against students or student organizations

Whether they are justified is another matter.

If you feel like your rights have been violated, it’s important to consult experienced attorneys like ours at DC Student Defense. Universities may seem confident in their actions, but that doesn’t necessarily mean they are in the right.

Are there different rules when it comes to freedom of speech and private colleges vs. public universities?

Yes, there are different rules when it comes to freedom of speech and private colleges versus public universities.

Public universities are bound by the First Amendment to the United States Constitution, which guarantees freedom of speech, among other rights. As government entities, public universities cannot restrict speech unless it falls into specific categories of unprotected speech, such as incitement to violence, obscenity, or defamation.

Private colleges, on the other hand, are not bound by the First Amendment. While many private colleges may have policies that protect freedom of speech, they are free to set their own rules and restrictions on speech as they see fit.

That being said, private colleges that receive federal funding must abide by Title IX, which prohibits sex discrimination in education, including sexual harassment and assault. In recent years, there have been debates over whether Title IX has been used to stifle free speech on college campuses.

Overall, while both public universities and private colleges may have policies that protect freedom of speech, public universities are bound by the First Amendment, which places greater constraints on their ability to regulate speech.

What to do if you think your free speech has been violated at your university

If you think your free speech has been violated at your university, there are several steps you can take to address the situation and protect your rights:

  • Document the incident: Write down the details of the incident, including the date, time, location, and what was said or done that you believe violated your free speech rights. Be as specific and detailed as possible.
  • Review university policies: Review your university’s policies on free speech and expression to determine whether your rights have been violated. If you’re not sure where to find these policies, contact your university’s student affairs office or ombudsman.
  • Talk to the person or group involved: If possible, talk to the person or group who you believe violated your free speech rights. Explain your concerns and try to come to a resolution.
  • Seek legal advice from a dedicated student defense attorney: If your university doesn’t take action to address your complaint or if you believe your rights have been violated under the law, contact a lawyer like our team at DC Student Defense.

Don’t hesitate to speak up and take action if you believe your free speech rights have been violated.

Contact our team of attorneys at DC Student Defense

Students, whether kids or young adults, should be able to exercise their rights and advocate for themselves. And they don’t have to do that alone. DC Student Defense proudly works to fight for students in the now. That way, we can help protect their future, but also our future as a society. Contact DC Student Defense now to discuss your case.

Shan Wu

Author Shan Wu

Shan’s professional and personal background gives him a unique understanding of academic institutions and the criminal justice system. A former federal prosecutor in Washington, D.C., he is at home in D.C. Courts and very familiar with all of the Washington, D.C. law enforcement agencies, especially the Metropolitan Police Department. His parents were university professors so he grew up in a university environment. He understands the mindset of academic institutions. As a prosecutor, he supervised in the misdemeanor crime section. This is the section of the Washington, D.C. prosecutor’s office that handles most college student cases. His understanding of charging decisions and how judges view these cases is invaluable to his student clients and their families. Shan served as a federal prosecutor in the United States Attorney’s Office for the District of Columbia for over ten years. During his tenure there, now Attorney General Eric H. Holder, Jr. appointed him to supervisory positions in the Misdemeanor Trial Section and also in a police corruption task force. His outstanding legal work in the government was recognized through numerous Special Achievement Awards from the Justice Department as well as awards conveyed by law enforcement agencies and community groups. From 1999-2000, Shan served as Counsel to Attorney General Janet Reno, advising her on criminal and civil investigations, E-Gov, E-Commerce (electronic signatures, internet gambling, internet telephony, privacy & public access issues in electronic court filings), congressional oversight, and legislative review. His responsibilities included serving as liaison to the FBI, DEA, Criminal Division, Executive Office of United States Attorneys, National Institute of Justice, and White House Counsel’s Office. Shan serves on the D.C. Bar Association’s Hearing Committee of the Board on Professional Responsibility and is a past president of the Asian Pacific American Bar Association for the Greater Washington, D.C. area. He is a 1988 graduate of Georgetown University Law Center, where he graduated Order of the Barristers, edited two law reviews, and was Co-Director of the Moot Court Program. He holds a B.A. in English Literature from Vassar College as well as a Master’s Degree in Creative Writing from Sarah Lawrence College. Following law school, he clerked for the late Hon. Jerry Buchmeyer, U.S. District Court for the Northern District of Texas, and the late Eugene Wright, U.S. Court of Appeals for the Ninth Circuit. He is admitted to practice law in the District of Columbia and Connecticut.

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