Colleges Need Speech Codes Because Their Students Are Still Children

Eric Posner weighs in.
Feb. 12 2015 2:30 PM

Universities Are Right—and Within Their Rights—to Crack Down on Speech and Behavior

Students today are more like children than adults and need protection.

College students on campus
College students are still children. Not in terms of age, but in terms of maturity.
Photo illustration by Slate. Photo by Thinkstock.
Lately, a moral panic about speech and sexual activity in universities has reached a crescendo. Universities have strengthened rules prohibiting offensive speech typically targeted at racial, ethnic, and sexual minorities; taken it upon themselves to issue “trigger warnings” to students when courses offer content that might upset them; banned sexual acts that fall short of rape under criminal law but are on the borderline of coercion; and limited due process protections of students accused of violating these rules.
Most liberals celebrate these developments, yet with a certain uneasiness. Few of them want to apply these protections to society at large. Conservatives and libertarians are up in arms. They see these rules as an assault on free speech and individual liberty. They think universities are treating students like children. And they are right. But they have also not considered that the justification for these policies may lie hidden in plain sight: that students are children. Not in terms of age, but in terms of maturity. Even in college, they must be protected like children while being prepared to be adults.
There is a popular, romantic notion that students receive their university education through free and open debate about the issues of the day. Nothing could be farther from the truth. Students who enter college know hardly anything at all—that’s why they need an education. Classroom teachers know students won’t learn anything if they blab on about their opinions. Teachers are dictators who carefully control what students say to one another. It’s not just that sincere expressions of opinion about same-sex marriage or campaign finance reform are out of place in chemistry and math class. They are out of place even in philosophy and politics classes, where the goal is to educate students (usually about academic texts and theories), not to listen to them spout off. And while professors sometimes believe there is pedagogical value in allowing students to express their political opinions in the context of some text, professors (or at least, good professors) carefully manipulate their students so that the discussion serves pedagogical ends.
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That’s why the contretemps about a recent incident at Marquette University is far less alarming than libertarians think. An inexperienced instructor was teaching a class on the philosophy of John Rawls, and a student in the class argued that same-sex marriage was consistent with Rawls’ philosophy. When another student told the teacher outside of class that he disagreed, the teacher responded that she would not permit a student to oppose same-sex marriage in class because that might offend gay students.
While I believe that the teacher mishandled the student’s complaint, she was justified in dismissing it. The purpose of the class was to teach Rawls’ theory of justice, not to debate the merits of same-sex marriage. The fact that a student injected same-sex marriage into the discussion does not mean that the class was required to discuss it. The professor might reasonably have believed that the students would gain a better understanding of Rawls’ theory if they thought about how it applied to issues less divisive and hence less likely to distract students from the academic merits of the theory.
Teaching is tricky. Everyone understands that a class is a failure if students refuse to learn because they feel bullied or intimidated, or if ideological arguments break out that have nothing to do with understanding an idea. It is the responsibility of the professor to conduct the class in such a way that maximal learning occurs, not maximal speech. That’s why no teacher would permit students to launch into anti-Semitic diatribes in a class about the Holocaust, however sincerely the speaker might think that Jews were responsible for the Holocaust or the Holocaust did not take place. And even a teacher less scrupulous about avoiding offense to gay people would draw a line if a student in the Rawls class wanted to argue that Jim Crow or legalization of pedophilia is entailed by the principles of justice. While advocates of freedom of speech like to claim that falsehoods get squeezed out in the “marketplace of ideas,” in classrooms they just receive an F.
Most of the debate about speech codes, which frequently prohibit students from making offensive comments to one another, concerns speech outside of class. Two points should be made. First, students who are unhappy with the codes and values on campus can take their views to forums outside of campus—to the town square, for example. The campus is an extension of the classroom, and so while the restrictions in the classroom are enforced less vigorously, the underlying pedagogical objective of avoiding intimidation remains intact
(Continued from Page 1)
Second, and more important—at least for libertarians partisans of the free market—the universities are simply catering to demand in the marketplace for education. While critics sometimes give the impression that lefty professors and clueless administrators originated the speech and sex codes, the truth is that universities adopted them because that’s what most students want. If students want to learn biology and art history in an environment where they needn’t worry about being offended or raped, why shouldn’t they? As long as universities are free to choose whatever rules they want, students with different views can sort themselves into universities with different rules. Indeed, students who want the greatest speech protections can attend public universities, which (unlike private universities) are governed by the First Amendment. Libertarians might reflect on the irony that the private market, in which they normally put faith, reflects a preference among students for speech restrictions.
And this brings me to the most important overlooked fact about speech and sex code debates. Society seems to be moving the age of majority from 18 to 21 or 22. We are increasingly treating college-age students as quasi-children who need protection from some of life’s harsh realities while they complete the larval stage of their lives. Many critics of these codes discern this transformation but misinterpret it. They complain that universities are treating adults like children. The problem is that universities have been treating children like adults.
A lot of the controversies about campus life become clearer from this perspective. Youngsters do dumb things. They suffer from impulse control. They fail to say no to a sexual encounter they do not want, or they misinterpret a no as yes, or in public debate they undermine their own arguments by being needlessly offensive. Scientific research confirms that brain development continues well into a person’s 20s. High schools are accustomed to dealing with the cognitive limitations of their charges. They see their mission as advancing the autonomy of students rather than assuming that it is already in place. They socialize as well as educate children to act civilly by punishing them if they don’t. Universities have gradually realized that they must take the same approach to college students.
One naturally wonders why this has become necessary. Perhaps overprogrammed children engineered to the specifications of college admissions offices no longer experience the risks and challenges that breed maturity. Or maybe in our ever-more technologically advanced society, the responsibilities of adulthood must be delayed until the completion of a more extended period of education.
Yet college students have not always enjoyed so much autonomy. The modern freedoms of college students date back only to the 1960s, when a wave of anti-authoritarianism, inspired by the Vietnam War and the civil rights movement, swept away strict campus codes in an era of single-sex dorms. The modern speech and sex codes have surfaced as those waters recede back to sea. What is most interesting is that this reaction comes not from parents and administrators, but from students themselves, who, apparently recognizing that their parents and schools have not fully prepared them for independence, want universities to resume their traditional role in loco parentis.
If all this is true, then maybe we can declare a truce in the culture wars over education. If college students are children, then they should be protected like children. Libertarians should take heart that the market in private education offers students a diverse assortment of ideological cultures in which they can be indoctrinated. Conservatives should rejoice that moral instruction and social control have been reintroduced to the universities after a 40-year drought. Both groups should be pleased that students are kept from harm’s way, and kept from doing harm, until they are ready to accept the responsibilities of adults.
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Rob Hruska
Rob Hruska 5ptsFeatured
"While critics sometimes give the impression that lefty professors and clueless administrators originated the speech and sex codes, the truth is that universities adopted them because that’s what most students want. "

What does this have to do with anything? Free speech does not occur due to popular opinion - allowing only those opinions which are popular is not free speech at all. As someone once said, "The First Amendment was designed to protect 'offensive' speech, because nobody ever tries to ban the other kind." 

"Scientific research confirms that brain development continues well into a person’s 20s." And yet we let people vote at 18, right? They're smart enough to vote, but not smart enough to form their own opinions in the face of controversial ideas? Nonsense.

This piece is utter leftist, speech control crap. It bears no association to any freedom whatsoever. It is an argument for tyranny and oppression.
mogar
mogar 5ptsFeatured
"While critics sometimes give the impression that lefty professors and clueless administrators originated the speech and sex codes, the truth is that universities adopted them because that’s what most students want. "

I doubt that this is true and the author provides no supporting information. Assuming that it is true, I wonder what the opinion would be if the the students decided they wanted to institute restrictive abortion codes along with punishments for violating them. 

These universities take government money. As such they are in no position to rewrite the bill of rights anymore than private businesses which take no government money.
damon2
damon2 5ptsFeatured
"Scientific research confirms that brain development continues well into a person’s 20s"
So let's treat them accordingly, change the legal age of consent, as well as the ability to enter contracts, vote, drive a car, drink, smoke, etc. to "well into their 20's". It seems only reasonable that if they need speech codes to protect them that their cognitive development is such that they shouldn't be trusted with either adult obligations or rights
If I recall under AHCA they can be covered till the age of 25, so use that as the new "legal age"
Has anyone seen Spyder?
Has anyone seen Spyder? 5ptsFeatured
I have never seen a more thoroughly cohesive set of comments condemning a moronic article that Slate posted than the set on this board. 
Posner has had his hat handed to him and been shown the door more forcefully than one would ask someone with leprosy to leave the hot tub.

Good.
new_reader
new_reader 5ptsFeatured
If you want college students to be more mature, then start much younger. Stop sending 13- and 14-year-olds to middle school with 9- and 10-yearolds. Allow them to feel grown up at that age, with privileges the younger group doesn't have. Eliminate all extracurricular activities and the high schools; if students want to play a sport, let them form a community league of various people, maybe including adults. If they want to play in a band or perform in a play, let's have community bands including any one who plays well enough or community theaters putting on plays with roles for a wide age range. Students who want to play chess can play against any one at their skill level. And students who want to work will have time to get jobs and work alongside adults. If they are interested in world affairs, let them join a discussion group on the topic instead of having to have a special group in their school.

And let's have a court throw out all the curfew laws and limits on teenagers in malls and treat a teenager like an adult when he acts like an adult. Right now, there is no incentive for a teen to act as an adult and no chance to learn how adults think and talk.
Chuka Kawatu
Chuka Kawatu 5ptsFeatured
So you're solution for enhancing public discourse for college students is to stifle their free speech? You can't be serious. You've just lost all credibility for yourself, and the site that you write for.
new_reader
new_reader 5ptsFeatured
One solution might be to tell high school students that they have rights. I know many who put up with illegal treatment by bosses, believing that because they are under 18 they have no right to call OSHA or the Wage and Labor Bureau. In addition, when my mother informed her 6th-grade students that she would call the police to report any thefts from her room, she discovered the majority of the students believed the police weren't allowed to arrest anyone under 18. 

Maybe if college students arrived at college knowing they have the right to go to the police or a lawyer with harassment and so on, they would feel less threatened and more in control of their lives.
Samuel Spagnola
Samuel Spagnola 5ptsFeatured
" But they have also not considered that the justification for these policies may lie hidden in plain sight: that students are children. Not in terms of age, but in terms of maturity. Even in college, they must be protected like children while being prepared to be adults."

Yet when it comes to Leftist politics, the media and liberals grant great deference to their views. See e.g., "Occupy Now". 

This article clearly wants to have it both ways for ideological children. What the author is essentially saying that college students are children when it comes to needing protection from conservative ideas or sexual issues aimed at males, while at the same time be treated as wiser than their parents when it comes to liberal causes or sexual liberation for women.

koenigsking
koenigsking 5ptsFeatured
If what the author posits is truly a problem, (and that's a big IF), there's a better solution. Nobody should be allowed to go into college until he/she has served two years in the military. That ought to solve that immaturity problem. And financial one too. (Montgomery GI bill)
new_reader
new_reader 5ptsFeatured
@koenigsking So the people who not only mistreated prisoners at Abu Ghraib but were stupid enough to take each other's pictures and post them are mature? The pilots in the Tailhook scandal were mature?
koenigsking
koenigsking 5ptsFeatured

I guess you can always find anecdotes that fit your point of view. I'm just relaying what I have seen the military do for my son and his fellow submariners. It seems to have been an overwhelmingly positive transition into adulthood for most of them
Mark Krawczyk
Mark Krawczyk 5ptsFeatured
So essentially, if I understand this correctly, Eric Posner's way of dealing with an already seemingly infantilized portion of the population is to further infantilize them?  And that will help them grow up? Good luck with that bit of idiocy. 
tploomis
tploomis 5ptsFeatured
These students do not grow into mature adults by further protecting them from free speech. They need to grow thicker skins. 
jrtruth
jrtruth 5ptsFeatured
So basically we really don't need radical violent Islamic terrorists to threaten free speech in this country.
We have Eric Posner who is willing to do it for them.
Wonderful.
Dragon_Standard
Dragon_Standard 5ptsFeatured
If lack of maturity justified having one's rights taken away, a lot of faculty members would be at risk for losing theirs.  I find it interesting that administrators only seem interested in taking away students' rights.  Perhaps it has something to do with the fact that faculty members at U.S. universities are mostly liberal (around 72% liberal according to recent research).  Administrators also tend to be on the left.  Students, on the other hand, represent views across the political spectrum.  It seems to me that universities are trying to restrict speech with which the powers that be disagree, especially non-Progressive speech.
George_in_LaQuinta
George_in_LaQuinta 5ptsFeatured
Let's see our public high school dumb down are youth to such a degree that they aren't actual adults when they enter college, so it is college where we indoctrinate them. Gotcha.
pagunone
pagunone 5ptsFeatured
@George_in_LaQuinta  Creationism in science class? Home schooling? Preconceptions and grand conspiracies without end?- no wonder kids can't think clearly and logically anymore. They're brain-washed to be stupid even before they hit university... Pity the prof that has to try and teach them anything. Don't blame it all on public high schools,  American culture is also to blame - celebrating ignorance is a national past-time.


Signed
2+2=5


chromehawk
chromehawk 5ptsFeatured
" If all this is true, then maybe we can declare a truce in the culture wars over education"
Sheesh even the gall of this statement --
"How about you let us have everything we want and do everything we want -- and we call it a truce *big grin*"

How about ... we don't.
How about we decertify those universities that do not properly comply with the Constitution.
How about we demand you treat adults like adults, or you get no federal funding for research.

Seriously -- how about the Dept of Education tell you.  Comply with the laws OR your degrees are worth as much as a degree out of the crackerjack box.

How about a city sue you for damaging their name?
And when a young boy who was expelled from a college using no due process, realizes he can't get accepted at any other university ( true by the way ) or even a job ( true by the way ) because no one wants to educate or emply a *convicted* rapist -- even though he wasn't convicted, that young boy commits suicide.
( all the above WILL happen -- it is just a matyter of WHEN ).
How about when that happens we charge you professors with Voluntary Manslaughter.  Since again, you KNOW it is not a matter of IF, but a matter of WHEN.
timneakok
timneakok 5ptsFeatured
After reading this article, I'm convinced that college students are too young and immature to vote. Hmm, is that why so many of them lean to the left? How odd that as people mature and deal with real life issues they tend to become more conservative.
Bob Graham
Bob Graham 5ptsFeatured
Mr. Posner needs to step out of the law school echo chamber and live in the real world for a while.
pagunone
pagunone 5ptsFeatured
Ok. Calling them "children" instead of immature "young adults" may be problematic. However, reading the comments below you'd think college kids don't really need an education, or rules, or decorum or common decency. It's a free-for-all and promoting "hate-sex" etc is their right... The whole point here, I thought, is to accept the fact that students go to college to learn, not teach ...
Many of the comments seem motivated by an extreme anti-intellectual bias - (Intellectual=commie pinko Marxist left-wing progressive idiot)
Historybuff
Historybuff 5ptsFeatured
@pagunone Nonsense.   Many of us have been there before.   Being 18 is no big deal if one understands they truly ARE an adult now.   Over the last 30 years, we seem to have stepped away from raising children to understand accountability & responsibility,

As for anti-intellectual 'bias'... that is just another straw-dog issue to help liberals justify the lies coming out of the 'global warming' fiasco.   Giving academics free license to lie or inflict 'their' version of 'truth' on childish students is not science or intellectualism.    
pagunone
pagunone 5ptsFeatured
@Historybuff @pagunone There's the rub - Being 18 in no way, except legally, makes one an "adult."  I remember being 15 and thinking I had it all figured out. Having "adult" responsibilities doesn't make one an "adult" either. Hell half the "adults" out there aren't really "adults". Some are just intellectually challenged, science denying dupes.

signed
Alien Lizard Conquistador
123 Illuminati Dr.
Wacko TX
lundsh
lundsh 5ptsFeatured
@pagunone  Lots of us liberals have been up and down this thread ripping Posner to shreds over this article and its facile arguments. The conservatives here agree, but unsurprisingly they've also been relishing the opportunity to tell us all about how anti-higher education they are. It's really terrifying to them how many impressionable young minds go into the university without strong political views and come out as smart liberals.
George_in_LaQuinta
George_in_LaQuinta 5ptsFeatured
@lundsh @pagunone That is what indoctrination does.
lundsh
lundsh 5ptsFeatured
@George_in_LaQuinta @lundsh @pagunone  It's only indoctrination if you disagree with it, I'm sure.

I don't think you understand what indoctrination is. FWIW, I'm college-educated and also a Christian. Religious belief is called 'doctrine' and to teach it is indoctrination. Which isn't a bad thing, IMO. Free people have the right to choose faith. A college education teaches facts and critical thinking, not doctrine.
George_in_LaQuinta
George_in_LaQuinta 5ptsFeatured
@lundsh @George_in_LaQuinta @pagunone Sorry pal, most professors are left wingers and they teach from that point of view. The stories my son tells after 4 years at Loyola Marymount or my daughter tells of her first two years.
lundsh
lundsh 5ptsFeatured
@George_in_LaQuinta  Another commenter who doesn't know what indoctrination actually means.

Most profs are liberals. Big deal- professors are allowed to have opinions. What really matters is how they conduct their classes, how they interact with their students, which most of them do a fine job of.
Mike
Mike 5ptsFeatured
BS. These "children" can vote, marry, join the military, possess weapons, and have a criminal record that isn't expunged. They are adults and whether their parents coddled them into inadequacy or not doesn't mean we should take away either their rights or responsibilities as the author wants. There are plenty of 40 year olds who have similar issues so you've got a nice slippery slope there. Anything to justify the Ivory tower elitist tyranny is the goal I guess.
Lee Thompson
Lee Thompson 5ptsFeatured
Great piece. It clarifies, through apology, that the universities have rightly transformed themselves out the depths of academic freedom to gain the heights of social engineering and necessary oppression; and that they have done so, you see, to serve as a kind of cultural incubator for the towering TRANSNATIONAL SUPER STATE struggling, and then struggling some more to be, well, born (or is it artificially inseminated and hatched?).
Historybuff
Historybuff 5ptsFeatured
The author writes:

"If college students are children, then they should be protected like children."

OK.   I can go with that.   Certainly there is a maturity problem, most likely brought about by the nanny state.   But how can we trust the people teaching in the Colleges & Universities... to be fair, ethical,  unbiased, and trustworthy?   And the institutional Administrators have the same problem.   Getting an education via the Student Loan credit card... caters to the immature and inexperienced.

Student immaturity is only part fo the problem - the University administrators... faculty... are the other half.   How do we monitor them and straighten them (supposedly adults) out?
HB 
Benton Love
Benton Love 5ptsMemberFeatured
  Society seems to be moving the age of majority from 18 to 21 or 22.
1) This isn't some inexorable trend. Voting rights weren't extended universally to 18 year olds until the '70s. There have been inroads in terms of extending adulthood privileges to young adults.
2) Does anyone really think that the extended infantalization of young adults is a good thing? Do we really have to extend helicopter parenting into people's 20s? This is why junior won't move out of the house.
3) Lower the drinking age to 18 or 19 while we're at it.
Per the main point of this post, attempted highjacking of classroom discussions are easy to handle and if you can't combat bad ideas with good ideas you've lost and you're lazy.
new_reader
new_reader 5ptsFeatured
@Benton Love The only reasons the age of majority was ever set at 21 were because the final set of molars came in about then, most men (the only people who counted) were big enough to handle the heavy weapons and wear armor, and the early church felt 7 and multiples of 7 were significant (First Communion around 7, confirmation around 14, majority at 21). 

The Civil War allowed anyone to enlist if they were over 18, no questions asked) and even allowed younger boys to enlist as drummer boys. Farms and ranches have always had young boys and teens doing men's work; my brother and the farmer's son used to drive the truck full of grain to the elevator when they were 9 or 10. Many youngsters went out to work as soon as they finished the 8th grade, and during the Depression, some parents kicked their sons out at 16 because they couldn't afford to feed all the family and a 16-year-old was considered old enough to support himself.
inasmuchas
inasmuchas 5ptsFeatured
I'd love to know what the author thinks of people who never attended college. How did they possibly survive those fragile, fragile years from 18 to 22? Surely, when they got jobs straight out of high school, there was someone to protect them from coworkers who were different from them!
new_reader
new_reader 5ptsFeatured
@inasmuchas You notice the factories that hired them didn't feel obligated to set up dormitories for them and provide sports teams for them to watch or recreational facilities for them to use.
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