Sixty years ago this week, North Carolina legislators shut down free speech on college campuses across the state. Today, free speech on campus is under threat again — in some cases from the outside by legislators and in other cases from the inside by students and faculty. We need to save it.
On June 25, 1963, in the waning moments of that year’s legislative session, the General Assembly rammed through House Bill 1895, designed to ban any “known Communists” from speaking on the campus of public colleges and universities.
Passage of the bill was urged by then-television commentator Jesse Helms, who claimed “avowed Communists, left-wingers and ultraliberals in a solid phalanx” were descending on the campus of UNC-Chapel Hill.
University leaders and newspapers across the state denounced the bill (the Greensboro Daily News called it “fundamentally objectionable”), but public opinion generally favored the ban: Gov. Dan Moore reported letters were 6:1 in support of it.
It took nearly five years before a federal district court ruled in Greensboro that the bill was unconstitutional, failing to meet “clear, narrow and objective standards.” The so-called “speaker ban” law was no more.
Today campuses are again facing challenges to free speech from multiple directions. On one level are threats by state-level actors on the right to restrict discussion of topics like critical race theory, gender or sexuality. A separate challenge comes from within campuses, with the Foundation for Individual Rights and Expression (FIRE) reporting 24 cases already this year where groups attempted to “disinvite” speakers from campus, either by rescinding an invitation or by shouting down speakers mid-speech. These new efforts to restrict free speech are coming mostly from the left, not the right (23 of the FIRE cases were attempts to censor conservative speakers), and more often from students than adults.
Jeffrey Kidder, a professor at Northern Illinois University who has looked at new efforts to restrict speech on campus, says among those favoring restrictions on speech “there’s very much an idea that speech can be harmful. If you view speech not just as an interchange of ideas but that in fact people can be harmed by speech, it makes sense that you would need to shut that speech down.”
After the speaker ban passed in 1963, the Raleigh Times raised an important question in an editorial, wondering whether legislators thought students were “so stupid and so impressionable and so weak” that being exposed to a Communist speaker “could turn them into Communists.” Are we worried now that students are incapable of learning about critical race theory or hearing conservative thoughts without being converted? Do we fear they can’t make their own decisions?
Despite the threats, there are a few encouraging signs that free speech is making a comeback on campuses. Leadership at Cornell declared that “learning to engage with difficult and challenging ideas is a core part of a university education.” At Stanford, after a conservative federal court judge was taunted and heckled by student protesters and criticized by a dean, President Marc Tessier-Lavigne promised the school is “taking steps to ensure that something like this does not happen again.” Three UNC system universities – UNC Greensboro, N.C. State and UNC Charlotte — were ranked in the top 15 in FIRE’s 2023 “College Free Speech Rankings.” The UNC System’s Board of Governors has adopted principles endorsing institutional neutrality with regard to speech on campus and “broadly promoting freedom of thought and expression.”
Why does preservation of free speech on college campuses matter so much? Why should we care? In a world where algorithms screen out any world view different from the one they have determined we have, college campuses are places we can go to hear ideas we may not like hearing. After we listen, we may decide we disagree. The (Raleigh) News & Observer noted in 1963 that the best way to deal with Communist speakers was to “let ‘em come and squirm in their own holes.” But there’s also a chance we will hear something that enlarges or sharpens our perspective, or maybe even rocks our world. That’s where new ideas come from, and why free speech should matter to all of us.
Leslie Boney is a writer and former university administrator living in Raleigh. You can find his work at boneconnector.com. This column also appeared today in The News & Record of Greensboro and the Winston-Salem Journal.
Banner Photo: Frank Wilkinson speaks to UNC Chapel Hill students from “off-campus” during the Speaker Ban in March 1966.
Charles Cooper, Durham Herald
Jane Smith Paterson says
Leslie, I was ver y much involved as a student in the initiative to seek opinion from the Federal Courts that the Speaker Ban violated law. Paul Dixon was the SBP at UNC and Hank (the former vice-persident) of the Student Body was also very much involved and a plaintiff in our appeal to the federal courts. We raised the funds to hire attorneys and Norman Smith was a lalwyer with A Greensboro Firm and along with Senator McNeil Smith were lawyers for us. Students for a Democratic Society also ju mped the gun and brought a real communist to speak to students and faculty . Pictures show us on the UNC side of the rock wall and Wilkinson on the outside on the city sidewalk.. Two persons I had recurited to also come were Lillian Hellman who had a play on broadband and Zero Mostel who was filming then in Spain. Both had agred to come as soon as they were free. The case went before the 4th Circuit of the US Federal District Courts in Richmond. Judge Braxton Craven (of Morganton) was one of the Judges on that 4th US Circuit Court of Appeals.. We ultimately prevailed in the federal courts decision on the case..
Debbie C says
I hate to see this portrayed as a left/right issue. It is not. Saying “the left shouted down more people” comes across as “the left is more opposed to free speech” which is silly. I don’t think people on the right oppose free speech either as a rule. I do think we have a genuine disagreement about what free speech is and what it looks like, and a broad misunderstanding of the First Amendment in general in this country.
What we are seeing is a cultural upheaval overall, where invited speakers tend to be more radical and affected people and their allies are more vocal, exercising their own free speech rights to object to what they perceive as dangerous, harmful speech. My hunch is that students are more likely to shout down a speech from white nationalists than the conservative writer, George Will.
With few exceptions, college students are adults who face adult consequences for their actions. Speaking as if there is a difference is inappropriate.