From late-night television to Texas classrooms, recent controversies have reignited debate over what protections are granted by freedom of speech.
Debate over free speech highlights limits between government and private employers– From late-night television to Texas classrooms, recent controversies have reignited debate over what protections are granted by freedom of speech.
ABC’s suspension of “Jimmy Kimmel Live” and a lawsuit filed by a former Texas State University professor have sparked questions about free speech protections. The professor was fired after being accused of inciting political violence, raising debate over whether First Amendment protections apply in such cases.“The First Amendment only protects you from the government,” said Al Kauffman, a constitutional law professor at St. Mary’s University. “A private company, if you sign a contract and you agree not to say certain things … then you can be penalized for that.” Kauffman, who has studied the U.S. Constitution and Supreme Court interpretations for decades, said problems arise when government agencies attempt to influence private institutions. “The Federal Communications Commission can pressure media companies. The Department of Education can pressure private universities,” he said. “So that does bring up First Amendment issues because the government is taking action based on the speech of a university or a private company.” When it comes to universities, Kauffman said the distinction between public and private schools is critical. “Especially for public universities, faculty and students should be able to say whatever they wish — of course, as long as they’re not endangering someone,” he said. The limited exceptions when the government can restrict speech include: true threats that pose an immediate threat to someone’s safety, incitement to provoke lawlessness, defamation that harms a person’s reputation and obscenity.“I want the First Amendment right to criticize those who bother me, but I don’t want people to use their powers to criticize me,” he said. “That’s always the problem … whether the speech is being for you or against you. But the government’s supposed to be neutral on that.”Erica Hernandez Erica Hernandez is an Emmy award-winning journalist with 15 years of experience in the broadcast news business. Erica has covered a wide array of stories all over Central and South Texas. She's currently the court reporter and cohost of the podcast Texas Crime Stories.
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