Utah Board of Higher Education adopts free speech resolution

The First Amendment states that “Congress shall make no law abridging the freedom of speech.” In Dec. 2023, the Utah Board of Higher Education approved a resolution that established expectations for implementing free speech principles in public colleges and universities across the state. 

The resolution focuses on higher education institutions remaining neutral when it comes to controversial issues and events while empowering students to practice free speech and expression. 

Campuses are called to maintain institutional neutrality, protect a speaker’s right to free expression and provide a process for institutions to publicly address, condemn or prohibit actions or expressions that violate the law. 

“This idea that every institution needs to weigh in on every political debate of the day, it’s one of the dumbest things we’ve done over the last 10 or 20 years as a country,” shared Gov. Spencer Cox. “I mean this with all the love in my heart when I say I do not care what your position is. We do not need our institutions to take a position.”

Once an institution states that a specific idea or viewpoint is correct, it can send a message  to students that their ideas are not welcome. While trying to avoid that message, Cox shared that he does want students to take positions and debate these topics, noting  that some students with strong views tend to have more noticeable perspectives on free speech. 

“The hallmark of higher education is its position in the marketplace of ideas, where community members may freely express all beliefs and viewpoints, but also where the merits of those ideas are subject to rigorous scrutiny and must withstand the challenge of open debate and critical examination,” Cox shared.

This does not mean that opinions cannot be shared on campus. With this resolution, Cox shares that there’s “no room for canceling” and that it won’t happen in Utah’s public institutions of higher education. Before June 1, Utah’s public institutions must submit their policies, procedures and practices to the board for review to ensure they meet the requirements for the resolution.

The issues regarding free speech and expression are not just about agreeing or disagreeing but learning to disagree the right way. Though the protection of hate speech is one of the most difficult parts of the First Amendment, it remains one of the most vital parts of maintaining free speech.

 

Author: Anna Mower
Photo courtesy of Spenser Heaps/Deseret News
Editor: Anna Mower
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