Kentucky colleges must protect their student's rights to freedom of speech. These colleges need to provide a safe environment for students to participate in civil discourse.

In just a few days, college and university students across the commonwealth will return to campus for a new school year. As the leading organization defending free speech across the commonwealth, we penned an open letter to college and university presidents reminding them of their responsibilities to respect the rights of students, faculty and staff to express their views as protected by the First Amendment.

While the First Amendment applies directly to public higher education institutions, the values of free speech, academic freedom and civil discourse remain equally important at private institutions and thus compel their adherence to these values. Free speech and protest on college campuses are a rich part of our national history, generally, and Kentucky's history, specifically.

In the spring of 1961, college students across the South, including in Kentucky, demonstrated for the integration of restaurants, theaters and other public spaces during the civil rights movement. In May 1970, students at the University of Kentucky protested the Vietnam War following the Kent State shootings. As we reflect on the lessons of the past and look towards the future, it is important for higher education institutions to recommit themselves to cultivating a campus environment that welcomes all voices and adheres to First Amendment principles to meet the challenges of the current moment.

Protecting students and their free speech

As Kentucky institutions welcome students back to campus this fall, we encourage them to embrace this guidance to avoid the violence that occurred on campuses outside of Kentucky: Schools may establish content-neutral and viewpoint neutral policies regulating First Amendment activities, but discriminatory or targeted enforcement is impermissible. Content-neutral policies that regulate the time, place and manner of student demonstrations are generally permissible, but students must be left with ample room to express their views.

Schools should seek to resolve issues collaboratively with students and should involve outside law enforcement only as a last resort. Because of law enforcement's history of harm towards Black and brown protesters, and their propensity for conflict escalation, they should only be called upon as a last resort.

Schools have a duty to protect students from discriminatory harassment and violence. Both public and private universities are bound by civil rights laws that guarantee all students equal access to education, including Title VI of the Civil Rights Act. While offensive speech is constitutionally protected, speech that is targeted at specific individuals because of their ethnicity or national origin constitutes discrimination.

Schools must reject outside pressure to quell student protests that they disfavor or harshly discipline students with whom they disagree. We deeply appreciate the challenge of balancing the need for safety and First Amendment obligations. While this may be difficult at times, it is at the heart of the unique role that colleges and universities play in fostering the free exchange of ideas in our society. Promoting free speech on campus will ensure that students are equipped with the skills to fully participate in our diverse democracy.