Do private universities have to allow free speech?
Asked by: Miss Marie Leannon | Last update: January 19, 2026Score: 4.3/5 (34 votes)
Because private universities are not government entities, they are not required to uphold First Amendment protections in the same manner as public universities. In other words, private institutions may impose stricter limitations on free speech.
Can private universities limit freedom of speech?
That the protections of the First Amendment apply on public campuses is well-settled law. Private universities are not directly bound by the First Amendment, which limits only government action.
Does freedom of speech apply to private schools?
Unlike their public school counterparts, the First Amendment generally does not apply to private schools. But certain speech may still be protected by other laws such as anti-discrimination, whistleblowing or anti-harassment statutes.
Does freedom of speech apply to private?
The First Amendment does not protect speakers, however, against private individuals or organizations, such as private employers, private colleges, or private landowners. The First Amendment restrains only the government.
Does freedom of speech apply to colleges?
The U.S. Supreme Court has long held that the First Amendment's freedom of speech tenets fully apply to public universities. In Healy v. James (1972), the Supreme Court declared that “the precedents of this Court leave no room for the view that…
The Ten Rules of Free Speech and College Students: Free Speech Rules (Episode 7)
Can schools limit your freedom of speech?
The First Amendment to the U.S. Constitution allows a school to limit free speech that (1) causes a “substantial disruption” at school (meaning it interrupts school activities in a serious way), or (2) interferes with the rights of others at the school.
Can you protest on a private college campus?
California universities, whether public or private, cannot prevent students from protesting entirely.
Where does freedom of speech not apply?
The categories of unprotected speech include obscenity, child pornography, defamatory speech, false advertising, true threats, and fighting words. Deciding what is and is not protected speech is reserved to courts of law.
What is the university freedom of expression policy?
On a campus that is free and open, no idea can be banned or forbidden. No viewpoint or message may be deemed so hateful or disturbing that it may not be expressed. Universities and colleges are also communities, often of a residential character.
What is the Leonard Law in Stanford?
Under California's Leonard Law, students at Stanford enjoy freedom from discipline for speech to the same extent that they would be protected against governmental punishment for expression by the First Amendment. See Cal. Educ. Code § 94367.
Are private universities public forums?
In contrast, private universities are not government entities, and their campuses are not public forums. Because of this, First Amendment protections do not apply to protests at private universities.
Do students lose their First Amendment rights at school?
Our First Amendment rights do not disappear at the schoolhouse gates. Students of all ages can, and have, exercised their right to free speech, assembly, religion and expression since America's founding.
What is the Tinker test?
The Tinker test, also known as the "substantial disruption" test, is still used by courts today to determine whether a school's interest to prevent disruption infringes upon students' First Amendment rights.
Does the Freedom of Information Act apply to private universities?
The Federal FOIA only applies to “agencies” of the Federal government, which term includes the U.S. Department of Education (DOE) but not universities that are organized under State law.
Can you sue private universities?
Private schools are generally subject to the same rules on liability that anyone else is, with minor deviations. You need to be particularly careful, however, when you are dealing with public schools. That's because they are government entities, and special rules apply to lawsuits against the government.
Does the First Amendment apply to Harvard?
Despite recognizing that Harvard is a private institution and thus outside the sweep of the First Amendment, Bok nevertheless maintained that Harvard should not “have less free speech than the surrounding society — or than a public university.”
Do private universities have to protect free speech?
Because private universities are not government entities, they are not required to uphold First Amendment protections in the same manner as public universities. In other words, private institutions may impose stricter limitations on free speech. Still, most adhere to free speech principles and support academic freedom.
What are the four essential freedoms of a university?
In addition, Justice Frankfurter outlined the “four essential freedoms” of a university: "to determine for itself on academic grounds who may teach, what may be taught, how it shall be taught, and who may be admitted to study."
When can schools restrict freedom of expression?
However, speech that is obscene, libelous, or slanderous; or that so incites students that it creates a clear and present danger of unlawful acts on school premises, violations of school regulations, or the substantial disruption of the orderly operation of the school, is prohibited.
What are three exceptions to freedom of speech?
The main such categories are incitement, defamation, fraud, obscenity, child pornography, fighting words, and threats.
Does freedom of speech apply to private companies?
Companies and private employers are able to regulate speech on their platforms and within their workplace since the First Amendment only applies to the government. This right allowed Facebook, Instagram, and Twitter to ban President Donald Trump from their sites in 2021 without legal repercussion.
Which type of university is required to protect its students' free speech rights while on campus?
In general, that means that while public universities are required to comply with the requirements of the First Amendment, private universities are not.
Is there no First Amendment right to speak on a college campus?
Free Speech is a Constitutional Right
These constitutional provisions prohibit officials at public colleges and universities from establishing or enforcing disciplinary rules that punish protected expression.
Do private colleges have affirmative action?
The court's 6-3 ruling in June prohibits all colleges in the country from using race as a consideration in admissions. California's public universities have not used affirmative action for almost 30 years, but some of the state's selective private colleges, and many out-of-state public universities, have relied on ...
Can a private school kick a student out?
Private schools have a lot of independence when it comes to assigning discipline. Even if the student was never in trouble before, or committed a minor infraction, the school may still be able to ask them to leave.