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Restrictions of Free Speech on American Campuses
The freedom of speech is essential to our identity as Americans. However, there has been much controversy concerning students invocation of their first amendment rights on college campuses across the country. The backlash has resulted in tragic events such as the violent end to anti-war protests seen on campuses like Kent State in the sixties. In lieu of such events, the U.S. Supreme Court has taken upon the responsibility of deciding crucial cases involving free speech and student charges. There have been cases where the Supreme Court has ruled in favor of student's claiming to have had their First Amendment Rights violated; however, the majority of cases show a preference for ruling favor against free speech violation appeals involving campuses. What was the main factor in the decision was the escalation of violence in the case.
In the case of Cox v. Louisiana case consisting lasting from 1964-1965, (the Ovex Project, "Cox v. Louisiana"), the U.S. Supreme Court ruled in favor of the student's appeal. In 1961, 2,000 students led by Elton Cox marched an anti-war protest down the streets of Baton Rouge and ended in arrests after stopping in front of the Louisiana Court House. After the initial clash, police arrested Elton Cox and charged him with "disturbing the peace," (the Ovex Project, "Cox v. Louisiana"). In 1965, the Court decided that none of the student's activities were criminal. They were rightfully engaging in their right to free speech.
However, cases like the 1966 decision of the Adderley v. Florida case (the Oyex Project, "Adderley v. Florida"), represented the unsupportive view of the Court towards students and their cases. During the chaos of the 1960's, Harriet Louis Adderley and around 200 of her associates were arrested; charged with "trespass with a malicious and mischievous intent" after gathering a protest the jailing of other students on a "non-public" jail facility, (the Oyex Project, "Adderley v. Florida"). The students appealed the case on the grounds that it was a violation of their First Amendment Rights. This appeal was denied after a 5-4 decision, showing the closeness of the eventual conclusion.
References
The Oyez Project, Adderley v. Florida, 385 U.S. 39 (1966), available at: http://www.oyez.org/cases/1960-1969/1966/1966_19/(last visited Saturday, February 16, 2008).
The Oyez Project, Cox v. Louisiana, 379 U.S. 536 (1965), available at: http://www.oyez.org/cases/1960-1969/1964/1964_24/(last visited Saturday, February 16, 2008).
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