Chapter 5 examines and criticizes how dissent is managed on university campuses. Focusing on the outdoor and open areas of campus, it criticizes the use of permits, fees, zoning, and other aspects of the managerial system that apply outside campus gates. The chapter urges university officials to adopt a default standard of open inquiry and dissent in the non-professional and non-pedagogical spaces on their campuses. Campus administrators should carefully review their free speech policies not only to ensure they comply with the First Amendment (which is required in the case of public universities), but to ensure that campuses retain the “spirit of rebellion” that animated them in the past.

Political speech, now one of the most highly-protected forms of speech in the United States, wasn't always protected. In times of stress, particularly times of war, free speech has been curtailed: Congress passed the Sedition Act of 1798 to silence critics of the Adams administration, and it passed the Espionage and Sedition Acts of 1917/18 to silence critics of US participation in WW I. Both laws openly flouted constitutional free-speech guarantees. In a series of high-profiile cases over the course of the twentieth century, the US Supreme Court developed a First Amendment doctrine that gave more and more types of speech First Amendment protection. Starting with the Charlie Hebdo massacre in Paris in 2015, this chapter looks at increasing protections for political speech from 1791 to the present, including free speech for students. We assess the continuing impact of the doctrine that might be called "free speech, but." Yes, speech is protected, but there is still some speech considered outside the framework of legal protection.