Cass Sunstein has a Guest Essay in today’s New York Times that argues that the First Amendment is the key to the norms that govern free speech on campus: “Only the First Amendment Can Protect Students, Campuses, and Speech.” His point is that universities should either adhere to First Amendment jurisprudence or legislate and enforce some functional equivalent of it. The First Amendment is (on this reading) supposed to be a content-neutral protector of free speech, with exceptions that Sunstein duly enumerates in the latter half of the essay.
Some of what he says seems fine, and some of it seems wrongheaded, but I was struck by the insouciant sloppiness of this particular sentence:
In a class on Shakespeare, students and professors can be instructed by administrators to discuss Shakespeare, not the presidential election.
No, they can’t. That’s not how academic freedom works, not how Shakespeare works, and not how pedagogy works. Continue reading