Spotlight on Speech Codes: 2017

Foundation for Individual Rights in Education:

Despite the critical importance of free speech on campus, too many universities—in policy and in practice—censor and punish students’ and faculty members’ expressive activity. One way that universities do so is through the use of speech codes: policies prohibiting speech that, outside the bounds of campus, would be protected by the First Amendment.

FIRE surveyed 449 schools for this report and found that 39.6 percent maintain severely restrictive, “red light” speech codes that clearly and substantially prohibit constitutionally protected speech. This is the ninth year in a row that the percentage of schools maintaining such policies has declined, and this year’s drop was nearly ten percentage points. (Last year, 49.3 percent of schools earned a red light rating.)