Freedom of Speech in the Classroom
Bernice R. Sandler, Lisa A. Silverberg and Roberta M. Hall

Freedom of speech, academic freedom, and the rights of faculty have received much attention in recent years.  Although it is beyond the scope of this report to examine these issues in detail, it is important to note that both student and faculty rights are involved.

For example, under Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in educational institutions which accept federal funds, sexual harassment is prohibited.  A hostile environment, a form of sexual harassment, consists of behaviors, including speech, which interfere with a person's ability to learn, his or her living conditions or other opportunities provided by the institution.  The courts are in the process of defining the criteria to determine when a hostile environment exists.

Academic freedom for faculty

Although the First Amendment, which applies only to public institutions, is often used to justify a faculty member's statements, even when they are sexist and/or racist, institutions would be wise to recognize that the First Amendment cannot be used to excuse poor teaching.  Even if a faculty member has a right to make particular statements, the fact that such behavior results in poor teaching gives institutions a way to respond to it.

Moreover, academic freedom is not unlimited.  It does not protect classroom speech unrelated to the subject being taught or which violates federal or state anti-discrimination laws, nor does it protect disruptive or aggressive speech.  Academic freedom is intended to encourage creativity.  In one case, for example, a federal judge noted that academic freedom "should never be used to shield illegal, discriminator conduct.  Any suggestion to the contrary would contravene Congress' intent in enacting Title IX." [Amna Kadiki v. Virginia Commonwealth University, Summary Judgement, note 8, June 23, 1995.  United States District Court, Eastern District of Virginia, Civil No. 3: 94 CV 530.

Academic freedom for students

Although much has been written about academic freedom for faculty members and their right to discuss controversial issues without fear of reprimand, little has been written about the rights of students to do the same.

In one class when a female student raised an issue concerning women, several male students groaned and booed.  The faculty member said nothing.  The women did not participate in that class again.

While most faculty members welcome the free discussion of ideas in their classrooms, women's issues are sometimes not treated in the same manner as other controversial topics.  They are not viewed as serious topics for exploration.  Instead, those who raise these issues often face ridicule, sarcasm, hostile comments, a refusal to be taken seriously, and name-calling ("women's libber" or "the politically correct police").  When these behaviors occur, faculty do not always intervene, thus communicating to all that the rude behavior is acceptable.

Such responses communicate not only to the women who raises these issues but to all students that these issues are not safe, that the faculty member does not have an open mind insofar as they are concerned, and that women's issues themselves are not worthy of discussion.  When faculty members respond in this way, they encourage other students to do the same.  The result is that students too may engage in this behavior, both in and out of the classroom, isolating and silencing those who show concern about women's issues.

Denial of freedom of speech to women who raise women's issues in the classroom is one of the most common forms of restriction of academic freedom in the classroom.

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This article is excerpted from The Chilly Classroom Climate: A Guide to Improve the Education of Women by Bernice R. Sandler, Lisa A. Silverberg, and Roberta M. Hall.  Published by the National Association for Women in Education, the book explores the chilly classroom and provides over 270 recommendations for administrators, faculty members, and students.

Copies of The Chilly Classroom Climate can be obtained from the Women's Research and Education Institute, 1325 18th Street NW, Suite 210, Washington, DC 20036-6511.  For further information on this book, click here.



Bernice R. Sandler, Senior Scholar in Residence at the Women's Research and Education Institute, consults extensively with institutions and others about women's equity, including sexual harassment, discrimination, and the chilly climate. She has given over 2000 presentations, written many articles, and serves as an expert witness in discrimination cases. Sandler can be contacted at:

Bernice R. Sandler
Senior Scholar, Women's Research and Education Institute
1350 Connecticut Avenue, Suite 850, Washington, DC 20036
Phone: 202 833 3331   Fax: 202 785 5605
E-mail: sandler@bernicesandler.com
Website: bernicesandler.com