“Congress shall make no law…abridging the freedom…of speech…”

The fight over speech isn’t whether it’s allowed—but when conduct, context, or role transforms it into something the law doesn’t protect.

What it Protects

Courts view prior restraints with a “heavy presumption against [their] constitutional validity,” and advocacy is protected unless it is “directed to inciting or producing imminent lawless action” and likely to do so.

What it Doesn’t Protect

The First Amendment does not protect “true threats,” and defamation law remains enforceable; public officials and public figures must show “actual malice” to recover.

What this Looks Like at a Public University

Because the First Amendment constrains government actors, public universities must apply speech rules in content—and viewpoint-neutral ways, with any time, place, and manner limits tied to significant interests, such as safety and access, according to congressional and constitutional analyses of campus speech and public forum doctrine. Faculty speech is assessed under public-employee frameworks (e.g., speaking as a citizen on matters of public concern versus speech pursuant to official duties).

Speech on a Diverse Campus

Talking, debating, and disagreeing—students, faculty, and staff do it every day. On a campus with people from across the country and the world, you’ll see different politics, faiths, and sources in and outside of the classroom. Everyone brings their own beliefs and viewpoints into classrooms and public spaces. Free speech is the ground rule that allows those differences to be expressed, challenged, and heard.

Professors on Leave

As of late September 2025, three FAU professors—English professor Dr. Kate Polak, finance professor Dr. Rebel Cole, and art history professor Dr. Karen Leader—were placed on paid administrative leave pending ongoing investigations after social-media posts related to the Sept. 10 assassination of conservative activist Charlie Kirk during a Turning Point USA event in Utah.

In an interview with Dr. Leader, she claimed that being placed on administrative leave is "very clearly a First Amendment violation." She pointed to FAU's code of conduct for faculty/staff and stated how she doesn't think "in any way, shape, or form believe that any of us violated anything like that code of conduct."

Leader discussed how she believes, "it has nothing to do with free speech. It has to do with silencing people who are speaking in a way they don't like."

How do courts analyze disputes like this? Public universities are government actors, but professors are public employees; the Supreme Court’s public-employee speech cases distinguish speech as a citizen on matters of public concern from speech made pursuant to official duties, and campus rules must be enforced on a content and viewpoint-neutral basis.

What Students Should Know

Most student and faculty expression, even sharp or unpopular speech, is protected unless it falls into a narrow category of unprotected speech, such as incitement to imminent lawless action, “true threats,” or defamation. Prior restraints on publication or speech face the greatest skepticism. Schools can manage the when, where, and how of speech through clear time, place, and manner rules tied to practical concerns like safety and building access, but those rules must be understandable and applied consistently.

What to Watch on Campus

When questions arise, look for clarity and consistency. Check whether policies are written down, use objective criteria (for example, how to reserve space or request amplification), and provide notice and an avenue to appeal decisions. Distinguish roles: speech by professors as part of their official duties may be analyzed differently from speech by professors or students speaking as private citizens on public issues. Student organizations should have the same access to rooms, tables and school funding as other student organizations, under the same published procedures.

Takeaway

On a public campus like FAU, free speech is broad but not boundless. The First Amendment strongly favors open debate and disfavors prior restraints, while allowing neutral, well-defined rules that manage how campus spaces are used. Understanding those lines—and insisting they’re applied evenly to all people—keeps the forum open for everyone.

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