Hate speech is protected free speech, even on college campuses

[Commentary] I have been teaching First Amendment law to law students and undergraduates for more than 37 years. I have also litigated free speech cases, including at the Supreme Court. I believe that Chancellor Christ and the campus have done a superb job of adhering to the First Amendment, protecting free speech while ensuring the safety of students, staff, and faculty. But it’s also become clear to me that current college students are often ambivalent, or even hostile, to the idea of free speech on campus.

Robert Post’s premise is undoubtedly correct: Universities must evaluate the content of faculty and student work. But it does not follow that outside of this realm, free speech principles do not apply on campus. It is a logical fallacy to say that because basic free speech principles sometimes do not apply on campus, they must never apply.

[Erwin Chemerinsky is dean and Jesse H. Choper distinguished professor of law at the University of California Berkeley School of Law.]