Harvard Law School Library Book Talk | Cass Sunstein, “Campus Free Speech: A Pocket Guide”

Video Description

On Sept. 10, the Harvard Law School Library hosted Cass Sunstein ’78, Robert Walmsley University Professor at Harvard, for a discussion of his recent book, “Campus Free Speech: A Pocket Guide,” a “a concise, case-by-case guide to resolving free-speech dilemmas at colleges and universities.” Sunstein was joined in conversation by Harvard Law Professor Benjamin Eidelson. From Harvard University Press: ”Free speech is indispensable on college campuses: allowing varied views and frank exchanges of opinion is a core component of the educational enterprise and the pursuit of truth. But free speech does not mean a free-for-all. The First Amendment prohibits “abridging the freedom of speech,” yet laws against perjury or bribery, for example, are still constitutional. In the same way, valuing freedom of speech does not stop a university from regulating speech when doing so is necessary for its educational mission. So where is the dividing line? How can we distinguish reasonable restrictions from impermissible infringement? “In this pragmatic, no-nonsense explainer, Cass Sunstein takes us through a wide range of scenarios involving students, professors, and administrators. He discusses why it’s consistent with the First Amendment to punish students who shout down a speaker, but not those who chant offensive slogans; why a professor cannot be fired for writing a politically charged op-ed, yet a university might legitimately consider an applicant’s political views when deciding whether to hire her. He explains why private universities are not legally bound by the First Amendment yet should, in most cases, look to follow it. And he addresses the thorny question of whether a university should officially take sides on public issues or deliberately keep the institution outside the fray. “At a time when universities are assailed on free-speech grounds from both left and right, Campus Free Speech: A Pocket Guide is an indispensable resource for cutting through the noise and understanding the key issues animating the debates.” This event was part of the series of Harvard Law School Library Book Talks, held throughout the academic year since 2014. Read more in the Harvard Gazette: https://news.harvard.edu/gazette/story/2024/09/speech-is-never-totally-free/