Freedom of Speech and the University – Key Vocabulary

These flashcards define the major concepts, rules, cases, and controversies discussed in Robert C. Post’s lecture on how classic First Amendment principles differ from the speech norms governing universities—highlighting the divide between public discourse protections and academic freedom requirements.

Classic First Amendment Tradition

Judicial approach that protects speech mainly to facilitate democratic self-government and the formation of public opinion.

Public Discourse

The set of communicative acts deemed necessary for creating and influencing public opinion in a democracy.

Content Discrimination

Government regulation that targets speech because of its subject matter; barred under Rule 1 of modern First Amendment doctrine.

Viewpoint Discrimination

A form of content discrimination that censors a particular perspective on a subject; treated as especially egregious under the First Amendment.

Equality of Ideas

Principle (Rule 2) that the State may not suppress speech because it considers an idea false; all ideas may compete freely in public discourse.

Compelled Speech

Government requirement that someone express certain words or ideas; forbidden in public discourse under Rule 3.

Stromberg v. California (1931)

Early Supreme Court case emphasizing the need for free political discussion so government remains responsive to the people.

Thornhill v. Alabama (1940)

Decision affirming confidence in free discussion to expose and counter harmful political or economic doctrines.

Commercial Speech

Expression that proposes a commercial transaction; receives reduced First Amendment protection so markets can be regulated.

Marketplace of Ideas

Metaphor for open public debate where truth emerges from competition, central to classic First Amendment rhetoric.

Professional Speech

Communication within a licensed occupation (e.g., doctors) that can be regulated to protect clients and is not fully protected like public discourse.

Academic Freedom

Autonomy granted to faculty and students to teach, learn, and research according to disciplinary standards rather than political constraints.

Discipline (Academic)

A community organized around specialized methods and standards for generating expert knowledge.

Community of the Competent

Thomas Haskell’s phrase for disciplinary groups whose members are qualified to judge and advance specialized knowledge.

Publish or Perish

Academic norm that faculty must continually produce scholarly work to secure hiring, promotion, or tenure.

Foundation for Individual Rights in Education (FIRE)

Advocacy group that campaigns to apply full First Amendment protections to speech on college campuses.

Microaggression

Subtle verbal or behavioral slights that convey hostility toward marginalized groups; regulation of such speech is debated on campuses.

Safe Space

Campus environment where students seek protection from speech perceived as harmful, sometimes critiqued as limiting free expression.

In loco parentis

Educational model in which universities act like parents, exercising broad control over students’ conduct—including off-campus speech.

Student-Invited Speaker

Outside guest brought to campus through student groups; raises questions about how such events serve educational or research goals.

New Lochner

Critique claiming modern First Amendment decisions (especially on commercial speech) are used to strike down economic regulations, echoing the Lochner era.

Alexander Meiklejohn

Scholar who argued that in democracy the governors and the governed are the same people, underpinning speech-as-self-government theory.

Academic Competence

Standard by which universities assess the quality and relevance of teaching and research, allowing content-based judgments.

Publishable Quality (Disciplinary Standard)

Criterion that research must meet to be accepted by peer-reviewed journals, reflecting the discipline’s evaluative hierarchy.

Campus Free Speech Protection Act (Tennessee)

State law declaring that public colleges must respect First Amendment speech rights for all students and faculty.

Off-Campus Speech Regulation

University attempts to discipline student expression occurring away from campus, often justified by claims about campus climate.

Professional Ethics (Faculty)

Expectations that professors respect students, avoid harassment, and teach competently—distinct from general free speech rights.

Public University Mission

State institution’s dual goal of education and research, which justifies regulating speech in ways private or public parks may not.

‘Speech as Such’ Argument

View that all communication automatically triggers full First Amendment protection, criticized for ignoring the Amendment’s purpose.

Marketplace vs. Disciplinary Judgment

Contrast between egalitarian public debate (no idea declared false) and academic evaluation (ideas judged for merit within a field).