Free expression vital at KU

I am sometimes asked whether my columns are ever censored by this newspaper. In 10 years of writing this column this has never happened nor even been suggested. I’ve also been asked whether I feel any pressure to write columns agreeing with the political opinions which this newspaper has taken in its editorials. Again, in 10 years this has never happened.

When I first approached the publisher of the Journal-World with the idea of writing this column, he and I agreed that I would be free of censorship. We also agreed that I would accept no compensation so that I would never feel any need to write something I didn’t believe in. But there may still be some of you who doubt this. If so, read on.

Several days ago an editorial appeared in these pages which I found to be troubling. I found it troubling because it could be read to suggest that Kansas University students and faculty need to be careful of what they say or write for fear of alienating potential students and their parents. I believe that the editorial’s writer truly cares about the university and its future, but we live in times of strong distrust of higher education in this state, and anything that can be used by opponents of KU and higher education poses a danger. Let me explain in more detail why I am troubled by this editorial.

First, the editorial spoke of Chancellor Murphy and the traditional notion of a university as a “marketplace of ideas.” To the extent that anyone fears a university being such a place — and I hope that the editorial writer does not — they need to think carefully. If universities ever decide to limit free expression of ideas, then they will have failed miserably in their mission.

Some limits exist

This is not to say that there are no limits on free expression; the laws of this state and nation specifically state that there are limits. But beyond what the law permits, people should be permitted, if not encouraged, to say what they think. This is especially true for students who are just beginning to develop adult values and ideas.

There are any number of things said and taught at KU and at other universities with which I disagree. Some I find unpleasant, even offensive. But they need to be said and discussed. For if they are not discussed openly, then there can be no debate about these ideas. If they cannot be discussed and debated, then the truth, whatever it may be, cannot eventually prevail. Whether it is abortion, gay marriage, Holocaust denial, anti-Israel sentiments, or anything controversial, young people must have a place where they can speak their minds to each other and where their teachers can feel comfortable to challenge them to think about difficult ideas and values.

The place of a university is precisely to be that “marketplace of ideas” that seems to frighten so many people today. Without such a place there can be no true educational process. Beliefs, of whatever political or social perspective, need to be discussed so that they can be examined and either confirmed or abandoned. One of the most important roles of a teacher is to foster such discussion as part of the learning process. That is what true education is about.

It would be a shame if some parents refuse to send their children to KU because they didn’t want their adult children to hear opinions with which they disagreed. Are they not confident enough in their own beliefs and what they taught their children to permit them to enter into the wider world? Will they also prohibit them from watching television, listening to radio or going to libraries?

Talk vs. violence

But even if some choose to do this, that is no reason to limit free discussion on campus. The 1960s were a difficult time for America. But, even if one disagrees with the student movement and its aims, the problem was violence, not discussion. Indeed, at many schools, it was the failure of university officials to talk to students that, unfortunately, led to the violence. We must learn from that experience and encourage discussion and debate just as we discourage more violent alternatives.

We must never forget that the success of a university is not how many students it educates. Success is how well the students are educated. I have no doubt that we could design a curriculum that would attract more students. But would this produce better-educated students? I doubt it.

There’s also the matter of each student’s right to get an education. Our mission at KU and at K-State and at every state-assisted university is to provide the best education possible to the citizens of Kansas. The people of Kansas are a diverse lot. They come in every color, shape and belief. Should we never talk about anything which might offend even one of them? If we were to do this, we’d sit in silence most of the time and be able to teach very little indeed.

Evaluating ideas

Of course, we must be concerned about creating an atmosphere that is congenial to students, but it also must foster the learning process. Silence rarely achieves both goals. For the sake of all the students and their parents who want their students to experience a “marketplace of ideas” and to gain the knowledge and maturity through education to decide which of those ideas to embrace and which to reject, we cannot indulge in self-censorship.

Finally, I think it is important to remember that the letters to the Journal-World that were cited in the editorial came from students. They, above all, must be permitted the opportunity to speak freely, even if we think they’re wrong.

It is never pleasant to hear things one doesn’t like. I remember when Louis Farrakhan visited Syracuse University when I was dean of the law school there. I was urged by many friends and alumni to oppose his invitation. I didn’t. What he said made me uncomfortable and sad, but I believe that he has the right to say it and that universities have the obligation to let it be heard, if it is appropriate to the educational process.

This is, in the end, what a free country is all about: debate and discussion. Our nation was born in a bloody struggle over this right; men and women for two centuries have fought for this right. Today, brave men and women are fighting for this right in Iraq, in Afghanistan and in other places around the globe. By accepting and celebrating free speech, we honor their sacrifices.


Mike Hoeflich is a professor in the Kansas University School of Law.