Thoughts on Free Speech on College Campuses in Arkansas

Charis Morasch, student guest contributor 

As Americans’ ideological divide grows, that on college campuses seems to shrink – calling into question the ability of students and faculty to freely express themselves. Arkansas has had a messy history with allowing those in higher education to speak freely. Just after desegregation in schools reached its most intense Arkansas opposition at Little Rock Central High School, “the state legislature passed Acts 10 and 115 in 1958. Act 10 compelled all public school teachers, including college and university professors, to list every organization to which they belonged and made such disclosure a condition of employment” (Williamson-Lott). Requiring professors to disclose every affiliation was more than a simple measure – it provided a platform for colleges to discriminate against professors based on membership in organizations like the NAACP. 

Arkansas efforts to suppress free expression on its campuses didn’t end with the civil rights movement. A policy by the University of Arkansas system limited political expression while students were on campus. It “kept student political groups at the University of Arkansas from recruiting new members and distributing campaign literature” (Hardi). While Arkansas has thankfully limited experience with such policies, but their existence points to an important reminder of the value of campus free expression. Governor Huckabee’s son, John Mark, who protested the policy, called its removal a “slam-dunk” for defense efforts of free speech (Hardi).

For any “slam-dunk” in free speech defense to occur, they first must be endangered. A 2019 event on the campus of Arkansas Tech University celebrated “Sex on the Lawn.” State Representative Mary Bentley took notice- asking her Facebook feed: “Do you think this is an appropriate use of your tax dollars?” Regarding another free-speech issue on a college campus in another state, the Foundation for Individual Rights and Expression stated, “If this investigation is indeed taking place, what the state legislature needs to understand is that in court cases dating back to the days of the House Committee on Un-American Activities, even investigating clearly protected speech on the basis of its viewpoint violates the First Amendment.”

Arkansas Tech’s case is far from alone. Arkansas State University implemented “Free Expression Areas”, “which are only open until 9 p.m. during the week and not at all on weekends — people must first reserve the space with the university administration” (American Civil Liberties Union). “The problem is, “Free Expression Areas” are not a thing under the Constitution — all public spaces in America are free-expression areas” (American Civil Liberties Union).

Parties across the ideological spectrum have taken issue with Arkansas State’s zoning policy. The Arkansas State chapter of conservative student organization Turning Point USA was affected by the policy. Conservative legal organization Alliance Defending Freedom (ADF) represented them. ADF Counsel Christ Schandevel said, “Speech isn’t free when students have to ask permission before they can speak anywhere on campus” (Alliance Defending Freedom).

Students, however, have not been the only ones impacted by higher-ed free speech restrictions in Arkansas. The University of Arkansas system implemented new guidelines for faculty in March 2018- including that they may be terminated for a “lack of collegiality”. “The “collegiality” standard is particularly troubling. It provides that a professor may be terminated for the following: “A pattern of conduct that is detrimental to the productive and efficient operation of the instructional or work environment.” This language is so expansive that it could be used to fire a tenured faculty member for almost anything that administrators do not like” (Silverstein). No faculty member should fear termination for disagreement with administrators. Vague language paves the way for administrators to exploit those disagreements.

Despite these numerous challenges, many in academia maintain that the idea of the “echo chamber” is a far cry from today’s campuses. “Far from experiencing a left-wing brainwash, the typical student becomes slightly more progressive on social issues while becoming slightly more conservative on economic issues”(Maranto and Woessner). Maranto, a professor of education policy at the University of Arkansas, has a front seat to the Arkansas student experience. Furthermore, free speech is crucial for individuals from all parts of the ideological spectrum. “Threats to free speech come from the left and the right” (Mangan). Without recognition that threats can come from anywhere, there is little hope for free expression’s continued defense.

The Arkansas government has responded to incidents like these with clear-cut policy. The FORUM Act, signed into law by Governor Hutchinson, “ensures that state-funded public colleges or universities may not ban students from engaging in expressive activity on campus, so long as the student’s conduct is lawful and does not disrupt the functioning of the college or university” (Alliance Defending Freedom).

S.B. 156, enacted in 2019, responded to the free-speech-zone policy found at Arkansas State: It “prohibits public institutions from quarantining speech with “free speech zones” (Foundation for Individual Rights and Expression). The law also “protects student organizations by prohibiting colleges and universities from discriminating against them based on their viewpoints” (Coward). These protections are key to keeping free speech free on Arkansas campuses.

H.B. 1218, introduced in 2021 and later withdrawn, looked to remove certain social justice topics from the classroom – a move deemed by many to be in direct conflict with the First Amendment. “Campus leaders may be torn between standing up for their institutional values and placating lawmakers, said [Neal Hutchens]” (Ellis). While social justice topics remain hotly contested, their outright elimination poses a question for free speech advocates- what else can be stricken from college curriculum with a bill?

While Arkansas has made remarkable strides in its free-speech protections for students, faculty, and communities alike within higher education, legislators and those in academia must stay alert. Without careful attention to its defense, the freedom of expression could be gone in an instant.

Note: The sources below are cited in the above piece.

Hardi, J. (2000). U. of Arkansas ends ban on political activity. The Chronicle of Higher Education, 46(21), 1. https://www.proquest.com/trade-journals/u-arkansas-ends-ban-on-political-activity/docview/214707073/se-2

Williamson-Lott, J. A. (2013). The Battle over Power, Control, and Academic Freedom at Southern Institutions of Higher Education, 1955-1965. Journal of Southern History, 79(4), 879–920. 

Ellis, L. (2021). No ‘Social Justice’ in the Classroom: Statehouses Renew Scrutiny of Speech at Public Colleges. The Chronicle of Higher Education, https://www.proquest.com/trade-journals/no-social-justice-classroom-statehouses-renew/docview/2639984686/se-2

Mangan, K. (2019). Have Campuses Become Ideological Echo Chambers? Not Necessarily. The Chronicle of Higher Education, https://www.proquest.com/trade-journals/have-campuses-become-ideological-echo-chambers/docview/2308577301/se-2

Maranto, R., & Woessner, M. (2017). Why Conservative Fears of Campus Indoctrination Are Overblown. The Chronicle of Higher Education, https://www.proquest.com/trade-journals/why-conservative-fears-campus-indoctrination-are/docview/1937454776/se-2

Arkansas Governor Signs Vital Law Protecting Free Speech on Public College Campuses. (2019, Feb 20). Targeted News Service https://www.proquest.com/wire-feeds/arkansas-governor-signs-vital-law-protecting-free/docview/2184199075/se-2

Fire. (2019, Dec 18). Enacted Campus Free Speech Statutes – Arkansas. CE Think Tank Newswire https://www.proquest.com/wire-feeds/enacted-campus-free-speech-statutes-arkansas/docview/2328561145/se-2

Silverstein, J. (2019, Jul 12). Professors Fight to Save Free Speech on Campus and Academic Freedom in Arkansas. CE Think Tank Newswire https://www.proquest.com/wire-feeds/professors-fight-save-free-speech-on-campus/docview/2445538993/se-2

Alliance Defending Freedom: Student to 8th Circuit – Arkansas State Shouldn’t Be Let Off the Hook for Free Speech Violation. (2020, Jun 18). Targeted News Service https://www.proquest.com/wire-feeds/alliance-defending-freedom-student-8th-circuit/docview/2414390087/se-2

Lawmaker Eyes Arkansas Tech Funding Over Student-Led ‘Sex on the Lawn’ Event. (2017, Mar 08). Targeted News Service https://www.proquest.com/wire-feeds/lawmaker-eyes-arkansas-tech-funding-over-student/docview/1875329582/se-2

When colleges confine free speech to a “zone,” it isn’t free. ACLU of Arkansas. (2023, August 4). https://www.acluarkansas.org/en/news/when-colleges-confine-free-speech-zone-it-isnt-free#:~:text=Yet%2C%20at%20Arkansas%20State%20University,space%20with%20the%20university%20administration.

State of Arkansas passes law to protect student free speech rights. The Foundation for Individual Rights and Expression. (2019, February 28). https://www.thefire.org/news/state-arkansas-passes-law-protect-student-free-speech-rights