January 10, 2023

Oklahoma State University (OSU) is facing a lawsuit filed by a college free speech advocacy organization, Speech First, that challenges three of the university's speech policies. The lawsuit argues that these policies, which include a bias-incidents policy, a Harassment Policy, and an intimidation policy, deter, suppress and punish students for their constitutionally protected speech regarding political and social issues. This is a violation of the First and Fourteenth Amendment rights of students, according to the lawsuit.

Bias-Incidents Policy

The bias-incidents policy allows students to file reports against their peers for their "bias" which includes speech both on and off campus, as well as on social media. Bias is defined by OSU as "a disproportionate weight in favor of or against an idea or thing, usually in a way that is close-minded, prejudicial, or unfair." Because bias is defined so broadly, this policy has led to labeling speech as "biased" based on the listener's subjective reaction to it, according to the lawsuit.

Harassment Policy

The Harassment Policy disciplines students for speech deemed "intimidating" or "verbal abuse," as well as any actions that are "persistent, severe, or pervasive" or actions that "threaten or endangers the mental health" of another student, according to the lawsuit. This policy is so vague that it can easily be applied to a wide swath of protected speech, according to Speech First.

Conclusion and debate on both sides

On one hand, it can be argued that these policies are in place to protect students from harmful speech and promote a safe and inclusive campus environment. However, on the other hand, it can be argued that these policies can lead to censorship, chilling effect on speech and the punishment of students for expressing their opinionated views. It is important for universities to balance the need to create a safe and inclusive environment for all students with the protection of the First Amendment rights of students to freedom of speech.

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5 Key Insights on Oklahoma State University's Policies Punishing Students for 'Opinionated' Views:

1. A college free speech advocacy organization, Speech First, is suing Oklahoma State University over policies that they claim deter, suppress and punish students for their constitutionally protected speech.

2. The lawsuit challenges three policies, including the bias-incidents policy, which allows students to file reports against their peers for their "bias" and defines bias very broadly.

3. The Harassment Policy disciplines students for speech deemed "intimidating" or "verbal abuse" and actions that "threaten or endangers the mental health" of another student, which is too vague, according to the lawsuit.

4. The university's policies, while meant to create a safe and inclusive campus environment, may lead to censorship, chilling effect on speech and punishment of students for expressing their opinionated views.

5. Universities must balance creating a safe and inclusive environment for all students with the protection of students' First Amendment rights to freedom of speech.

Protect Your Right to Free Speech: Contact EducationLawyers.com for Legal Assistance on University Policies

If you are a student or parent of a student who feels that their rights to freedom of speech have been violated by a university policy, contact EducationLawyers.com to schedule a consultation. Our attorneys are experts in education law and can help you understand your rights and guide you through the legal process. Don't wait, take action today to protect your rights and ensure that your voice is heard.