Free Speech at West Virginia Colleges and Universities: Peril and Promise

James G. Martin Center for Academic Renewal. 353 East Six Forks Road Suite 200, Raleigh, NC 27609. Tel: 919-828-1400; Fax: 919-828-7455; Web site: https://www.jamesgmartin.center/

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Freedom of Speech; Public Colleges; Private Colleges; College Students; Censorship; Educational Policy; Student Rights; Compliance (Legal); Federal Legislation; State Legislation; Constitutional Law

The U.S. and West Virginia constitutions acknowledge the right to free speech, which must be protected at public colleges, but Senate Bill 657, which became law in 2021, requires that public colleges protect "any lawful verbal and nonverbal speech." Furthermore, many private colleges also promise free speech to their students. However a campus-climate survey published by the Foundation for Individual Rights and Expression (FIRE) in 2021 found that 5-in-6 college students have self-censored because of how they perceived other students, a professor, or the college administration would respond. Two-thirds of college students agreed that it was acceptable to shout down a campus speaker or to try to prevent them from speaking. FIRE reviewed the restrictions on free speech at 17 public or private colleges and universities in West Virginia and found 92 policies that restrict freedom of speech. This report reviews FIRE's ratings, gives examples of restrictive policies, and recommends ways to improve students' free speech rights. [The report was written in partnership with the Cardinal Institute for West Virginia Policy.]

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2022

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