ASSEMBLY RESOLUTION No. 228

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED FEBRUARY 23, 2021

 


 

Sponsored by:

Assemblyman  GERARD SCHARFENBERGER

District 13 (Monmouth)

 

 

 

 

SYNOPSIS

     Urges all institutions of higher education in the State to protect freedom of expression and open debate.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Assembly Resolution urging all institutions of higher education in the State to protect freedom of expression and open debate.

 

Whereas, Institutions of higher education are positioned to both foster and stifle opportunities for dialogue on a range of controversial social and political topics, and instances of free expression being restricted in these settings has created a culture of censorship that is detrimental to the well-being of our nation; and

Whereas, The ability to speak freely is a critical means by which our nation can maintain and nourish its system of democratic government; and

Whereas, The freedom of speech, as guaranteed by the First Amendment to the United States Constitution, was seen by our Founding Fathers as essential to healthy political life because it fosters discourse and understanding between competing factions; and

Whereas, Numerous researchers and commentators have noted that political polarization in the United States has been growing steadily since the early 1990s and further accelerated by factors such as the rise of the Internet, the 24-hour news cycle and the self-selection of partisan news sources; and

Whereas, This has led to increased hostility towards those holding different views, decreased willingness to collaborate and compromise, and a desire to censor the views of those with whom a person disagrees; and

Whereas, Nowhere has this trend become more visible than on the campuses of institutions of higher education where guest speakers, students, faculty, and administrators find themselves subject to harassment, ridicule, exclusion, and even punishment, if they express views contrary to those of the larger or more vocal parts of the campus community; and

Whereas, In October 2017, the United States Senate conducted hearings on the topic of free speech on college campuses, noting many instances where open forums at college campuses had been vigorously opposed or, in some cases, completely shut down; and

Whereas, An example of this was seen in New Jersey when former Secretary of State Condoleezza Rice declined an invitation to speak at the 2014 Rutgers University commencement ceremony after a faculty council resolution and student protests demanded that the University rescind its invitation based on her role in the Iraq War; and

Whereas, Restricting free expression has now changed the behavior of students, with nearly 60 percent of students now reporting that they engage in self-censorship when not in the company of like-minded peers or instructors out of fear of the social consequences; and

Whereas, By encouraging robust debate and open dialogue, students have the freedom to test their own ideas while learning the value of empathy and tolerance for a diverse and balanced spectrum of opinions; and

Whereas, Given the extent to which speech has been both explicitly and implicitly curtailed on college campuses, it is critically important for institutions of higher education to promote freedom of expression and open debate in order to provide students with not only a high-quality education, but to prepare them for life in a democracy; now, therefore,

 

     Be It Resolved by the General Assembly of the State of New Jersey:

 

     1.    This House urges institutions of higher education in the State to protect freedom of expression and open debate on campus in order to provide students a high-quality education and prepare them for life in a democratic society.

 

     2.    Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the Governor, the Secretary of Higher Education, and to the governing board of each institution of higher education in the State.

 

 

STATEMENT

 

     This resolution urges institutions of higher education in the State to protect freedom of expression and open debate on campus in order to provide students with a high-quality education and prepare them for life in a democratic society.  Institutions of higher education are positioned to both foster and stifle opportunities for dialogue on a range of controversial social and political topics, and instances of free expression being restricted in these settings has created a culture of censorship that is detrimental to the well-being of our nation.  The ability to speak freely is a critical means by which our nation can maintain and nourish its system of democratic government.  The freedom of speech, as guaranteed by the First Amendment to the United States Constitution, was seen by our Founding Fathers as essential to healthy political life because it fosters discourse and understanding between competing factions.

     Numerous researchers and commentators have noted that political polarization in the United States has been growing steadily since the early 1990s and further accelerated by factors such as the rise of the Internet, the 24-hour news cycle and the self-selection of partisan news sources.  This has led to increased hostility towards those holding different views, decreased willingness to collaborate and compromise, and a desire to censor the views of those with whom a person disagrees.

     Nowhere has this trend become more visible than on the campuses of institutions of higher education where guest speakers, students, faculty, and administrators find themselves subject to harassment, ridicule, exclusion, and even punishment, if they express views contrary to those of the larger or more vocal parts of the campus community.  An example of this was seen in New Jersey when former Secretary of State Condoleezza Rice declined an invitation to speak at the 2014 Rutgers University commencement ceremony after a faculty council resolution and student protests demanded that the University rescind her invitation based on her role in the Iraq War. 

     Restricting free expression has now changed the behavior of students with many now reporting that they engage in self-censorship when not in the company of like-minded peers or instructors out of fear of the social consequences.  By encouraging robust debate and open dialogue, students have the freedom to test their own ideas while learning the value of empathy and tolerance for a diverse and balanced spectrum of opinions.