A Ninth Circuit U.S. Court of Appeals decision on campus political speech is causing consternation among civil liberties groups focusing on student free speech. In O’Brien v. Welty the Ninth Circuit ruled that a student could pursue his First Amendment case against Cal State Fresno after he was disciplined under the university’s harassment policy for his tenacious questioning of two professors on campus, but the court also ruled that the harassment policy was not unconstitutional opening the door some say to shutting down speech that involves confrontation and heated exchange. (Student Press Law Center, April 8, 2016, by Kaitlin DeWulf)
While conceding that the Ninth Circuit decision affirms student free speech “to some extent,” Eugene Volokh, The Washington Post, April 7, 2016, is also concerned that it could restrict free speech: “This [the court’s decision] has pretty striking implications for student journalists: “Asking hostile questions and videotaping” professors — or staff members — through office doorways could be seen as punishable ‘threaten[ing] or endanger[ing] the health or safety of any person,’ at least so long as the journalist refuses to immediately stop when told to do so. And this is so even when there’s no indication that the journalist has been violent or threatening in the past.” Volokh also points out that the court’s decision could adversely affect student-to-student speech with hostile questions seen as threatening or endangering.