FIRE’s annual spotlight on college speech codes

The Foundation for Individual Rights in Education (FIRE) has a particularly useful new report that gives the annual “free speech” ratings of American colleges and universities (478 of them). There are three ratings; going from worst to best they are red light, yellow light, and green light. You can access the full report here or click on the screenshot below. The ratings are explained below.

As someone who lives on a campus regarded as the bellwether of free speech among American colleges, I found the college ratings particularly useful (spoiler: Chicago again gets an overall green light), but because many college students brought up at these places will take their places among the American elite, it’s useful to know what regimes they experience. Especially useful were the sections explaining what free speech really is (FIRE uses the First Amendment as a guideline), and the various ways colleges try to either ignore it or get around it. If you want to know why hate speech does not violate the First Amendment, or what legally constitutes sexual harassment, you’ll be edified by the discussion. I’ve put FIRE’s summary video at the bottom.

Click on the screenshot for the full report:

Both public (106) and private (372) schools were thoroughly evaluated in several areas for how “free” they allowed speech to be; each school was given one of three colors (a fourth was given rarely) in each of several areas (handbooks, “free speech zones”, etc.), and then assigned an overall color for freedom of speech. Here are the categories from worst to best; the “blue light” category below was given to only eight schools, most of them either religious (Yeshiva University, Brigham Young University) or military (West Point, Annapolis):

Red Light

A “red light” institution has at least one policy that both clearly and substantially restricts freedom of speech. A “clear” restriction is one that unambiguously infringes on what is or should be protected expression. In other words, the threat to free speech at a red light institution is obvious on the face of the policy and does not depend on how the policy is applied.

When a university restricts access to its speech-related policies by requiring a login and password, it denies prospective students and their parents the ability to weigh this crucial information. At FIRE, we consider this action by a university to be deceptive and serious enough that it alone warrants a “red light” rating.

Yellow Light

A “yellow light” institution is one whose policies restrict a more limited amount of protected expression or, by virtue of their vague wording, could too easily be used to restrict protected expression. For example, a ban on “posters containing references to alcohol or drugs” violates the right to free speech because it unambiguously restricts speech on the basis of content and viewpoint, but its scope is very limited.

Alternatively, a policy banning “verbal abuse” could be applied to prohibit a substantial amount of protected speech, but is not a clear violation because “abuse” might refer to unprotected speech, such as threats of violence or harassment as defined in the common law. In other words, the extent of the threat to free speech depends on how such a policy is applied.

Green Light

If a college or university’s policies do not seriously imperil speech, that college or university receives a “green light.” A green light does not indicate that a school actively supports free expression. It simply means that FIRE is not currently aware of any serious threats to students’ free speech rights in the policies on that campus.

Warning – Does Not Promise Free Speech

FIRE believes that free speech is not only a moral imperative, but also an essential element of a college education. However, private universities are just that—private associations—and as such, they possess their own right to free association, which allows them to prioritize other values above the right to free speech if they wish to do so. Therefore, when a private university clearly and consistently states that it holds a certain set of values above a commitment to freedom of speech, FIRE warns prospective students and faculty members of this fact.

If you want to look up a particular college that has been rated, just go here. You can search by school name, state, or ranking, and the entries it breaks down all the sub-areas for each school.  The report linked above lists only the overall ratings of every college.

I won’t summarize the results in detail, but will give just a few highlights (for me). First, the overall ratings (all colleges) are improving: red-light schools have dropped strongly in the last nine years, mostly replaced with yellow-light rankings. But the greenies are going up slowly but surely, and the rise is statistically significant.

Here’s the breakdown among all colleges. Since nearly all schools profess to promote free speech (but most don’t foster it in practice), the 12% of green-light colleges means that we have a long way to go. But, as shown above, the arc is bending in the right direction.

Since The University of Chicago is widely seen as the model for free speech at a university (we get a “green” in every category), many schools have adopted the “Chicago Principles” of free expression, which you can read here. Two years ago it was 55 schools who aped us; now it’s 78. That’s good news, except that some of those colleges get RED ratings on other grounds: schools like Princeton, Johns Hopkins, and Georgetown University. Go by the light colors, not what the college professes.

Here’s FIRE’s statement about the Chicago Model:

Seventy-six university administrations or faculty bodies have now adopted policy statements in support of free speech modeled after the “Report of the Committee on Freedom of Expression” at the University of Chicago (the “Chicago Statement”), released in January 2015. (Since this year’s report was written, two more institutions have adopted a version of the Chicago Statement, bringing the total to 78.)

Two more points. Some of the restrictive “red-light” colleges were eminent ones, which surprised me. Here’s a list of the surprising red schools:

• Georgetown University
• Harvard University
• Johns Hopkins University
• Middlebury College
• The Evergreen State College (“Where speech goes to die” is my motto for TESC)
• Northwestern University
• Portland State University (notorious persecutor of “Grievance Studies” critics)
• Princeton University
• University of Texas at Austin

Finally, there’s a long and very absorbing section about the different ways colleges abrogate free speech with their use of “speech codes”, restrictions on “incitement”, “threats and intimidation”, “bullying”, “harassment” (often misconstrued by colleges), “hate speech”, the creation of “free speech zones” that shunt speech off to the hinterlands of schools, the institution of “bias response teams” to intimidate those who practice genuine free speech, and demands for “respect and civility”.

And there’s a list of ways that colleges also try to obviate the new Title IX regulations created by DeVos’s regime. As I’ve said, the institution of the new regulations, which allow a lot more fairness in adjudicating claims of sexual misconduct, is one of the few good things to come out of the Trump administration. FIRE also thinks the new regulations are an improvement, but also notes that some schools have created a “dual-track approach”, which nominally adheres to the new standards but also also incorporates a parallel and broader definition of “sexual harassment” than specified by Title IX, and so can still punish students who engage in speech that conforms to the First Amendment’s definition of “free.”

All in all, while colleges appear to be getting more woke, at least the formal restrictions on speech seem to be improving. But, as FIRE notes, they rate schools only on policy, not on what they actually do, which they can’t keep track of. I’m thus a bit wary. And I’m worried that Chicago will lose its “green light” rating in view of some recently allowed chilling of speech, violations of the Kalven report that have been allowed to stand. Since our school touts its rating as a selling point to students and their parents, losing our green light rating would be a serious matter.

Here’s a short video from FIRE summarizing the report.