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Summer 2006 - course #7
Defining the Scope and Limits of Student Freedom of Expression?

Summer 2006 - course #7
Instructor: Gary Pavela
CLOSED

Course Description:
This course examines the law and policy issues related to defining the scope and limits of student freedom of expression at public and private institutions of higher education. Special attention will be paid to:

  • Philosophical foundations for encouraging (and occasionally limiting) student freedom of expression.
  • The applicability and scope of relevant First Amendment protections at public colleges and universities.
  • Defining the level of protection to be given to student expression at private institutions of higher education.
  • The history and direction of the "speech code" debate.
  • Defining lawful limits on freedom of expression.
  • Freedom of expression and racial and sexual harassment.
  • Alternatives to censorship.
  • Freedom of expression and "student" academic freedom
  • Freedom of expression and the Internet

Course Outline:
The course is divided into three modules, concluding with a "final exercise" Allowing participants to apply the knowledge they've learned.

The first module focuses on the scope of First Amendment protections for student freedom of expression at public institutions of higher education and how those protections are sometimes applied as a matter of law and policy at private institutions.

The second module explores the history of (and present controversies about) the use of "speech codes" at colleges and universities.

The third module examines lawful limits on freedom of expression, including "true threats," "hostile environment" sexual harassment (as defined by pertinent federal guidelines), and reasonable time, place, and manner regulations. At the close of the course each participant will be asked to contribute to a "final exercise" on ways to respond to "offensive" (but lawful) expression without resorting to censorship

Learning Outcomes:
Active participants in the course will have a better understanding of:

  • The scope and applicability of the First Amendment "free speech" clause, including freedom of expression on the Internet.
  • Philosophical principles supporting freedom of expression.
  • Lawful limits on freedom of expression.
  • The role of freedom of expression at private colleges and universities.
  • The history and present status of the college "speech code" controversy.
  • Alternatives to censorship in response to offensive or insensitive expression.
  • The nature and scope of "student" academic freedom.

Participant Expectations:
Participants will be expected to devote approximately fifteen hours to the course (five hours for each of the three week modules). Assignments include selected readings and regular discussions. Active participation in online discussions will enhance learning outcomes.

Individuals registering for CEUs will receive 1.0 CEU upon successful completion of the course.

Instructor Bio:
Gary Pavela is Director of Judicial Programs at the University of Maryland-College Park, and edits the national quarterly Synthesis: Law and Policy in Higher Education as well as its sister publication, Synfax Weekly Report-- publications to which over 1,000 colleges and universities in the United States and Canada subscribe.

He holds an M.A. in intellectual history from Wesleyan University, a law degree from the University of Illinois, and has been a Fellow at the University of Wisconsin Center for Behavioral Science and Law.

Pavela worked as a staff attorney for the State University of New York--Central Administration, was a law clerk to the late Chief Judge Alfred P. Murrah of the United States Court of Appeals for the Tenth Circuit, and served as a faculty member for the Federal Judicial Center in Washington, D.C. (the training arm of the United States Courts).

Identified by the New York Times as an "authority on academic ethics," Gary Pavela is a member of the Advisory Board of the Kenan Ethics Institute at Duke University and is a past President of the National Center for Academic Integrity, a consortium of 200 universities that collaborate on academic integrity policies and procedures. He has been a consultant on legal issues and student conduct policies at many leading universities, including Stanford University, the University of Michigan, The University of California at San Diego, The University of North Carolina at Chapel Hill, Rutgers University, Georgetown University, The United States Naval Academy, Lehigh University, Brown University, Colgate University, and Smith College.

Gary Pavela is a NASPA "Pillar of the Profession." In 1995 he was awarded the American College Personnel Association "Tracy R. Teele Memorial Award" for "contributions to the area of judicial affairs and legal issues." In 1996 he received the "D. Parker Young Award" for "outstanding scholarly and research contributions in the area of higher education law and judicial affairs" from the Association for Student Judicial Affairs. In 1999 he was awarded the "Thomas S. Biggs Award" for "dedicated legal service" in the field of law and higher education; presented at the Twentieth Annual National Conference on Law and Higher Education. Last year Gary Pavela was designated the year 2002 "Fellow" of the National Association of College and University Attorneys. Fellows of the Association are identified by NACUA as individuals who have "brought distinction to higher education and to the practice of law on behalf of colleges and universities across the nation."

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