Friday, January 31, 2020
Academic freedom Essay Example for Free
Academic freedom Essay The playgrounds of any public school in the United States today abound with children from different races. African-Americans, Asians, Latin Americans and Caucasians all populate the diversity rich public school system of America today. Classrooms are filled with different opinions regarding the different races and beliefs (Faegin OÃ¢â¬â¢Brien 203). The lunchrooms are full of children all races rubbing elbows with each other without regard for whatever differences in appearances they may have or for whatever the color of their skin may be. This same diversity parallels the situation in todayÃ¢â¬â¢s world. With all these differences in race, nationality and beliefs, one will be hard pressed to find people who do not feel strongly for or against these differences. While there are rules against the practice of beliefs or convictions, there is no limitation on the right to believe. In relation to this, Universities must not be allowed to banned hate speech as such is against the Freedom of Speech as enshrined in the United States Constitution. See more: Homelessness as a social problem Essay In order to arrive at a better understanding of the issue, there must be a discussion of the Freedom of Speech, particularly in the academic environment. Freedom of Speech has historically been used as a tool of the people to prevent the suppression of their rights by voicing out their opinions. The United States Constitution, and other constitutions for that matter, holds oneÃ¢â¬â¢s freedom to information in the highest regard (Holmes 198). One will be hard-pressed to find a constitution that does not guarantee this fundamental right. One must also be remember at this point that with every right comes a corresponding responsibility. There is no right so absolute that it oppresses the right of other individuals as well (Holmes 198). In line with this, it must be remembered that the freedom of speech, as a tool against oppression, must be exercised responsibly because of it may also lead to the suppression of the rights of others. In furthering the Civil Rights movements, the Freedom of Speech has proved to be crucial to its success. Without the Freedom of Speech, it is arguable that most of the social legislation that is in effect today would be present (Holmes 198). The power of the Freedom of Speech, in the context of protecting oneÃ¢â¬â¢s civil and constitutional rights, is that it allows people to bring the attention of the public to their grievances in an attempt to provide a solution to the problem (Holmes 197). The United States Constitution, and other constitutions for that matter, holds oneÃ¢â¬â¢s freedom of speech in the highest regard. One will be hard-pressed to find a constitution that does not guarantee these fundamental rights. One must also be remember at this point that with every right comes a corresponding responsibility. There is no right so absolute that it oppresses the right of other individuals as well. There are exceptions to this rule such as the secrecy of military information, national secrets, trade secrets, and certain information offensive to the public. These exceptions constitute the reasonable restraints on oneÃ¢â¬â¢s freedom and under the last category fall the information that is being suppressed from minors in public libraries. As such, the means employed is not an undue restraint but rather a reasonable means to maintain oneÃ¢â¬â¢s constitutional liberties. This means that while there exists the right to speech, there is a need for certain limitations to exist as well. In the context of the right of Universities to ban hate speech, it must be remembered that while the United States Constitution also grants Academic Freedom, it must not run contrary to the Freedom of Speech. Hate Speech is one of the expressions of speech that is constitutionally protected. As the United States Supreme Court has held in several cases, there is a public interest that must be protected. Individuals must be allowed and cannot be unduly restricted with regard their right to Free Speech. The important issue here is the fact that while such speech may be regarded as offensive it does not contravene the constitution unless such speech is made with the intent to create an uprising or lead to overt acts of hate. Therefore, Universities cannot ban hate speech arbitrarily since this is contrary to the Constitution and such right is protected under certain circumstances. A very integral part of the education process lies in learning to interact with other races and nationalities, especially in the United States which is considered as a melting pot for all cultures and races all over the world. The sad reality is that most Americans are brought up in relative isolation from other races and cultures and only in college does such exposure occur. This leads to undesirable consequences such as the creation of strong stereotypes and racial biases (Richey 204). A restriction on the right of people to free speech only serves to widen this bridge between races. While it is true that hate speech may be offensive, it also serves to educate and enlighten people. Expression is an integral part of learning and as such it must not be stifled at the cost of depriving students not only the chance to speak their minds but also to deal with the real world and cultural differences on a more mature level. Freedom of Speech is a constitutionally guaranteed right. It protects the right of every person to speak his mind with regard to any issue at all even if it is critical of a certain class or even the government. The only limitation, as previously highlighted, is that it must be exercised within the rights of other people meaning that it is constitutional as long as it does not impair the rights of other people. Everyone, therefore, regardless of creed, color or belief may exercise his or her right to Freedom of Speech (Reeve 206) and no university can be allowed to curtail this constitutionally protected right. References: Amar, A. (2000) The Bill of Rights: Creation and Reconstruction Yale University Press; New Ed edition. 432 pg Amar, A. (1992) The Bill of Rights and the Fourteenth Amendment Yale Law Journal The Yale Law Journal Company, Inc Smith, G. (1999) Reconstruction or Reaffirmation? Review of Ã¢â¬Å"The Bill of Rights: Creation and ReconstructionÃ¢â¬ George Mason University. Virginia Spaeth, H J. and Smith, E. (1991). HarperCollins College Outline: The Constitution of the United States (13th ed. ). New York: HarperCollins. The Federalist with Letters of Brutus, edited by Terence Ball, Cambridge Texts in the History of Political Thought, pgs 447-453.