Federal judge warns of “decreasing tolerance for truly free expression” at colleges

Chief Judge Loretta A. Preska, of the U.S. District Court of Southern New York told Harvard Law students that she is concerned with campus “free speech zones,” and other threats to free speech, expression, and debate. Preska was invited by the school’s Federalist Society chapter to discuss “The Sad State of the First Amendment on Campuses Today.”

Preska spoke about a “decreasing tolerance for truly free expression and open debate,” and emphasized that issue as it specifically pertains to college campuses.

“The limiting of public discourse is already occurring, and in my view, the most troublesome of those places is the place where the views of the future leaders of our country are formed: on university campuses,” she said.

Free speech zones have been the subject of criticism and lawsuits on many other campuses. Preska warned that overreaching policies could “allow administrators to banish protesters to remote or marginal parts of the campus.”

While school policies protecting students from offensive speech may be well-intended, Preska said their scope is too wide, and banning viewpoints because they are offensive or unpopular undermines constitutional values.
 
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