Campus Free Speech

A Pocket Guide

Cass R. Sunstein

$41.95

Hardback

Forthcoming
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English

Harvard University Press
03 September 2024

Ethical issues: censorship; Higher & further education, tertiary education; Political control & freedoms; Constitutional & administrative law; Freedom of expression law

"From renowned legal scholar Cass R. Sunstein, a concise, case-by-case guide to resolving free-speech dilemmas at colleges and universities.

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."

By: Cass R. Sunstein
Imprint: Harvard University Press
Country of Publication: United States
Dimensions: Height: 178mm, Width: 127mm, Spine: 11mm
Weight: 263g
ISBN: 9780674298781
ISBN 10: 0674298780
Pages: 160
Publication Date: 03 September 2024
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Forthcoming

Cass R. Sunstein is the Robert Walmsley University Professor at Harvard and the founder and director of the Program on Behavioral Economics and Public Policy at Harvard Law School. He is the author of hundreds of articles and dozens of books, including Impeachment: A Citizen’s Guide, Nudge (with Richard Thaler), Law and Leviathan (with Adrian Vermeule), How to Interpret the Constitution, On Freedom, and Can It Happen Here? Authoritarianism in America. He is a recipient of the Holberg Prize, sometimes described as the equivalent of the Nobel Prize for the humanities and social sciences.

Reviews for Campus Free Speech: A Pocket Guide

At a time of national crisis regarding free speech on college and university campuses, Cass Sunstein’s Campus Free Speech offers a truly brilliant and readily accessible analysis of how academic administrators, faculty, students, alumni, legislators, and others should think about these deeply troubling issues. No one interested in these challenges to our nation and its future should fail to read this book. -- Geoffrey R. Stone, author of <i>Perilous Times</i>