University of North Carolina System: State of the First Amendment

Case Materials

• "Report Exposes Extensive Constitutional Violations in University of North Carolina System," FIRE Press Release, January 10, 2006: Today, FIRE and the John William Pope Center for Higher Education Policy released their Report on the State of the First Amendment in the University of North Carolina System. The Report explains precisely what the First Amendment obligations of the UNC System schools are—and shows that most of them are emphatically not meeting those obligations.
• "The State of the First Amendment in the University of North Carolina System," January 10, 2006

Media Coverage

• "NCSA, UNC accused of restricting free speech," William Davis, The Kudzu Gazette, July 2, 2007
• "Are colleges trying to be too nice?," Barry Smith, The Daily News (Jacksonville, N.C.), January 24, 2006: The greater problem, however, isn't that the university could be setting itself up for a lawsuit. As Lukianoff points out, the real problem is the chilling effect that these policies have on free speech, freedom of expression and freedom of association.
• "Republicans and Libertarians, unite!," Mike Adams, Townhall.com, January 24, 2006: It is clearly unreasonable to request political organizations to admit members of opposing political parties. To require them to do so would sabotage the level of political discourse on campus. Therefore, these two groups have asked UNCG to change this policy.
• "First Amendment covers campuses, too," News & Record (Greensboro, N.C.), January 22, 2006: The citation against Jaynes and Sinnott said they "held a free speech demonstration in a non-free speech area and refused to move when given a directive from official." It sounds so Orwellian it should have embarrassed university leaders. To their credit, they dropped the case rather than actually meting out some punishment and inviting a lawsuit they certainly would lose.
• "UNC-G loses ground in free speech battle," Ashley Christian, The Daily Tar Heel (UNC-CH), January 19, 2006: Shibley added, "We are hoping that UNC-G will do the right thing and make the entire campus a free speech zone."
• "A right not to be nice," Barry Smith, Times-News (Burlington, N.C.), January 19, 2006
• "Colleges to avoid, Part III," Mike Adams, Townhall.com, January 17, 2006: While students in North Carolina may want to consider attending ECSU, they would do well to avoid The University of North Carolina at Greensboro (UNCG). Among other things, UNCG has an Orwellian policy that outlaws “disrespect for persons.” Surely, Lucien Capone, the university attorney for UNCG, is aware that banning “disrespect” at a public university poses First Amendment problems. Nonetheless, administrators at UNCG act like “untouchables” with little fear of violating federal laws with which they disagree.
• "UNC System Suppressing Free Speech on Campuses, Says FIRE," Jim Brown and Jody Brown, Agape Press, January 17, 2006: According to Lukianoff, the UNC system is merely one among many in the U.S. that are guilty of restricting students' free speech. "North Carolina exemplifies so much that is wrong with American higher education today," FIRE's interim president offers. "From its unconstitutional speech codes to its quashing of religious groups, the UNC System contains perfect examples of all the things we are fighting nationwide."
• "That's unconstitutional!," The News & Observer (Raleigh, N.C.), January 15, 2006
• "Speech limits hurt purpose of college," Ray Watters, The Sun News (Myrtle Beach, S.C.), January 14, 2006: I just hope the culture behind the rules gets fixed. A truly liberal society is one that maximizes the freedom of those involved, not one that limits everyone in order to make people feel good. After all, the point of college is to debate things. It's not a good argument unless everyone gets offended at some point.
• "NC university system under fire," WWAY (ABC Affiliate, Wilmington, N.C.), January 12, 2006: North Carolina's University system is coming under fire tonight for violating the constitution. A new study says the state system has serious first amendment violations at each state school
• "Report blasts UNC's 'speech codes'," Jane Stancill, The News & Observer (Raleigh, N.C.), January 11, 2006: Lukianoff said universities across the country have trampled students' and professors' free speech rights in the name of civility and anti-harassment rules. Furthermore, he added, anti-discrimination policies have infringed on students' First Amendment right to free association.
• "Report outlines limits on free speech," Erin France, The Daily Tar Heel (UNC-CH), January 11, 2006: The report, created by the Pope Center for Higher Education Policy and the Foundation for Individual Rights in Education, detailed First Amendment violations, including violations in UNC-Chapel Hill’s network acceptable use policy, and cites two examples of religious discrimination against student organizations.
• "City & State Briefs," The Chronicle (Duke Univ.), January 11, 2006: A report released Tuesday says some campuses in the University of North Carolina system impose unconstitutional limits on freedom of speech.
• "Report: School limits on free speech illegal," News & Record (Greensboro, N.C.), January 11, 2006: Another example was the prohibition on "disrespect for persons" at UNCG. Later this month, UNCG will hold an honor code hearing for at least one student charged with a violation of the university's honor code. UNCG Senior Allison Jaynes was cited for holding "a free speech rally in a non-free speech area and refusing to move when given a directive from an official," according to the allegation.
• "Report says state universities illegally limit free speech," Associated Press, January 10, 2006: Some public universities in North Carolina system impose unconstitutional limits on freedom of speech, according to a report issued Tuesday.