Legal Analysis: Harvard's Social Media Policy and Student Free Speech

This essay delves into Harvard University's controversial policies of monitoring and censoring student social media activity, including rescinding acceptance offers for offensive online postings. It examines the university's rationale for these measures, citing concerns about equality, harmony, and the creation of a welcoming environment for conservative students. The essay also addresses criticisms of these policies as violations of free speech and explores the legal context, including Harvard's status as a private institution not directly bound by the First Amendment. Furthermore, it discusses the impact of these policies on student behavior and the broader debate surrounding free speech on college campuses. Desklib offers a variety of solved assignments and essays for students.

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Contents
Introduction...........................................................................................................................................2
Analysis..................................................................................................................................................2
Conclusion:............................................................................................................................................4
References.............................................................................................................................................5
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Introduction
In this topic, we will be discussing Harvard University and other schools which rescind
acceptance offers, monitor and punish students for online postings, the motive behind doing it
and the positive outcome of the implementation of censorship in free speech at the institution.
The measures are taken by the Harvard institute to bring equality and increase harmony
among students and teachers at the institute.
Analysis
According to Crimson, Harvard University has rescinded offers of at least ten students on the
basis of at their offensive posts in private and online Facebook messaging group. Harvard has
implemented speech codes upon the students under First Amendment rights. Harvard has
implemented various policies for its students such as racial harassment policy that limits the
student from using racial epithets, making disparaging ethnic remarks and using racial
typecast. The speech code at Harvard is too vague which students feel is a threat to free
speech rights (Forbes (2017).
Being as a private institution, Harvard does not come under the First Amendment, as per the
Harvard policy it encourages best and brightest students of America to pursue the truth. To
make it happen in real life in Harvard College foster diversity in intellectual thoughts of
students in terms of the right to free speech (Research research, 2018).
Harvard has been provided “red light” categorisation by Foundation for Individual Rights in
Education (FIRE) which enables them to have at least one policy which can obstruct freedom
of speech. Foundation for Individual Rights in Education (FIRE) is a non-profit organisation
that defends and sustains individual rights in the colleges and universities based in America.
The “red light” policy followed by Harvard defines racial harassment as the actions which are
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done by students or individual which disrespect or abuse other individual or group based on
racial or ethnic background. These actions include using racial epithets, making racially
derogatory remarks, and using racial stereotypes. These things are made which are clear that
what is offensive to others may not be offensive to another (The Chronicle, 2017).
The censorship of free speech is old, but the intensity of panic which it has created is entirely
new. It has aroused due to the continuous rise in the censorship of free speech which at
Harvard University has started monitoring various social media platforms that grant the
student a public voice, as some students were found giving offensive opinions or broadcast
their opinion through another medium such as Facebook and podcasting. This environment is
created at Harvard University to bring equality and remove biases among the students of
different religion and minority groups (The Guardian, 2018).
This step taken by Harvard University has faced negative argumentative strategy such as
hostile social control of online supporters against opponents. By claiming that freedom of
speech is under attack had brought political component as well and has brought fear among
students. The American government document on OFS has stated that “freedom of speech
within the law is the cornerstone of higher education” though they have to value and preserve
the characteristics of lecture, tutorial and other such systems in terms of freedom of speech
(The Chronicle, 2017).
Newspapers and political parties have created this by stating that free speech is in danger if
the institutions continue to do censorship on it. As in the institutions, it is implemented on
students and faculty as well. During the speech at Festival of Higher Education, the
universities minister filed an official complaint of “hate speech” against history lecturer, the
lecturer was found taking British side in the classroom in the topic of Berlin Blockade (The
Chronicle, 2017).
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The censorship at Harvard University makes sure that conservative students do not feel
unwelcome or uncomfortable. As without following this censorship the Harvard University
the number of conservative students was decreasing, as many students have not thoroughly
learned about the meaning of freedom of speech under the constitution. It leads them to
communicate with a peer in such a way that it can offend others. The students of different
colour get uncomfortable in speaking out when they are racially identified at schools (The
Chronicle, 2017).
According to the Chronicle, Harvard institutions promote democratic ideals and respectful
dialogue by doing multiple things such as:
 By arranging community meetings of the by-product of difficult and offensive events.
 Communicating quotations that contain offensive words in class.
 By arranging intergroup dialogue at university where participants are from a marginal
group and a dominant group can discuss the issue of race and ethnicity, gender, or
sexual orientation.
 By ensuring students that take student concern seriously when a conflict arises.
Conclusion:
The above analysis shows the impact of censorship of free speech at Harvard institutions and
measures taken by them in the behaviour of students so as to increase harmony among
students and maintain the number of conservative students at Harvard.
References
Forbes (2017), Harvard Rescinds Admissions to 10 Students for Offensive Facebook Memes,
Accessed 18 April, 2019 https://www.forbes.com/sites/rebeccaheilweil1/2017/06/05/harvard-
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rescinds-10-admissions-offer-for-offensive-facebook-memes-ollowing-commencement-
speaker-zuckerberg/#489b94523dbd
Chronicle (2017), Free Speech Loses Ground as Harvard Retracts Offers to Admitted
Students, Accessed 18 April, 2019 https://www.chronicle.com/article/free-speech-loses-
ground-as/240328
The Crimson (2018), Harvard Rescinds Acceptances for At Least Ten Students for Obscene
Memes, Accessed 18 April, 2019 https://www.thecrimson.com/article/2017/6/5/2021-offers-
rescinded-memes/
The Guardian (2018), the free speech panic: how the right concocted a crisis, Accessed 18
April, 2019 https://www.theguardian.com/news/2018/jul/26/the-free-speech-panic-
censorship-how-the-right-concocted-a-crisis
Research research (2018), Gyimah’s freedom of speech claims under scrutiny again,
Accessed 18 April, 2019 https://www.researchresearch.com/news/article/?articleId=1375991
Education Week (2017), Snapchat and Schools - Monitoring What Students Post Online,
Accessed 18 April, 2019 https://www.youtube.com/watch?v=BVTm9hFicXE
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