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The Constitution Goes to CollegeFive Constitutional Ideas That Have Shaped the American University$
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Rodney A. Smolla

Print publication date: 2011

Print ISBN-13: 9780814741030

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814741030.001.0001

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(p.94) 5 Ordered Liberty

(p.94) 5 Ordered Liberty

Chapter:
(p.94) 5 Ordered Liberty
Source:
The Constitution Goes to College
Author(s):

Rodney A. Smolla

Publisher:
NYU Press
DOI:10.18574/nyu/9780814741030.003.0005

This chapter examines the ideal of ordered liberty in American constitutional tradition. It begins with an overview of the ideas of Thomas Friedman and Albert Einstein about the universe and relates them to the realm of the modern American university, along with the university's moral and legal jurisdiction to judge expression and opinion. It then explores the “marketplace of ideas” metaphor to describe public universities and goes on to discuss the constitutional struggle to balance liberty and order, First Amendment's “neutrality principle” in relation to freedom of speech, the so-called “carve-outs” of the general marketplace, and the dual character of the university as a microcosm of society when it comes to free speech principles. It also assesses the carve-outs to the “avert your eyes” principle involving the protection of children and of certain sanctuaries of privacy from offensive speech, the body of doctrines known as “public forum law,” hate speech and threats on campus, and free speech rights of faculty and students.

Keywords:   ordered liberty, American constitutional tradition, First Amendment, neutrality principle, freedom of speech, offensive speech, public forum law, hate speech, universities, modern American university

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