Welcome to the fun-free university: the return of in loco parentis is killing student freedom

Reason, Oct, 2004 by David Weigel

Ironically, a one-time member of Berkeley's Free Speech Movement seized on this approach when she became an administrator. Annette Kolodny, a dean of the University of Arizona's College of Humanities, used her 1998 book Failing the Future to explain why colleges needed to regulate what students said. In concert with other administrators, Kolodny had stiffened penalties for offensive speech and created workshops in which new students could have their values certified or corrected. Her bogeyman was "antifeminist intellectual harassment," and her polices were designed to bring contrary speech out into the open, so it could be "readily recognized and effectively contained."

By the start of the 1990s, Kolodny's view of campus speech was the norm. Harvard law professor Randall Kennedy told The New York Times in 1991 that speech codes made sense, and that their opponents were just warring against 1960s values. Journalists had gotten some taste of universities' strange speech standards through The Dartmouth Review, a conservative newspaper whose editors were punished for articles that would have been protected anywhere else in New Hampshire. But they didn't comprehend how strict the standards were until codes at Stanford, the University of Wisconsin, and George Mason University were challenged in court and overturned. Based on these cases, schools learned how to design speech restrictions that were more likely to pass legal muster.

The speech codes, increasingly unpopular but largely still in effect, contain more than a whiff of the omnipotence administrators enjoyed under in loco parentis. Students are not treated as the adults that Dixon made them out to be. Instead they're young minds that need shaping. In most cases the bodies formed to govern speech--student judicial boards, special committees--are uniquely able to adjudicate without explaining their standards for punishment.

Universities' speech restrictions, unlike their recreational policies, do more to attract lawsuits than to repel them. NCHERM offers a seminar on how administrators can thwart the Foundation for Individual Rights in Education and the American Civil Liberties Union. But there hasn't been any measurable trend toward saving face by scrapping these rules. They're seen as too important to ditch--and that's illustrative of the way universities view their students.

Back in Control

Four decades after in loco parentis started to stagger, college students would be hard pressed to name their new personal liberties. Yes, they no longer fear "double secret probation." And when administrators crack down, they will almost always at least provide a reason. But today's students may be punished just as hard as their predecessors--often harder. They've discovered that social engineers have a hard time turning down the opportunity to control things.

The expanding control over college students has had repercussions in the rest of America. Campuses are proving grounds for make-nice public programs. They've provided laboratories to test speech codes and small, designated "free speech zones" for protests. (Such zones marginalize and effectively silence dissent, which is one reason they've been adopted by the major political parties for their national conventions.) The stiffening of campus law also illustrates the trend toward greater control of adults' personal behavior.