Debate over free speech highlights limits between government and private employers

SAN ANTONIO – From late-night television to Texas classrooms, recent controversies have reignited debate over what protections are granted by freedom of speech.

ABC’s suspension of “Jimmy Kimmel Live” and a lawsuit filed by a former Texas State University professor have sparked questions about free speech protections.

The professor was fired after being accused of inciting political violence, raising debate over whether First Amendment protections apply in such cases.

Constitutional experts say the answer is more complicated than many realize.

“The First Amendment only protects you from the government,” said Al Kauffman, a constitutional law professor at St. Mary’s University. “A private company, if you sign a contract and you agree not to say certain things … then you can be penalized for that.”

WATCH BELOW: What the First Amendment protects and how private companies, universities and employers factor in

Kauffman, who has studied the U.S. Constitution and Supreme Court interpretations for decades, said problems arise when government agencies attempt to influence private institutions.

“The Federal Communications Commission can pressure media companies. The Department of Education can pressure private universities,” he said. “So that does bring up First Amendment issues because the government is taking action based on the speech of a university or a private company.”

When it comes to universities, Kauffman said the distinction between public and private schools is critical.

“Especially for public universities, faculty and students should be able to say whatever they wish — of course, as long as they’re not endangering someone,” he said.

The limited exceptions when the government can restrict speech include: true threats that pose an immediate threat to someone’s safety, incitement to provoke lawlessness, defamation that harms a person’s reputation and obscenity.

Kauffman noted that free speech disputes often depend on perspective.

“I want the First Amendment right to criticize those who bother me, but I don’t want people to use their powers to criticize me,” he said. “That’s always the problem … whether the speech is being for you or against you. But the government’s supposed to be neutral on that.”

Read also:

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