Rights & Responsibilities

Freedom of Speech

The right to freedom of speech is protected by the First Amendment of the US Constitution. Most categories of speech are “protected” to some extent by the First Amendment, but there are exceptions, including things like incitement, true threats, defamation, obscenity, fraud, and others.  Many people are often surprised to learn that “hate speech” is not one of those exceptions, and is typically protected by the First Amendment. However, even protected hate speech can sometimes lead to behaviors that fall outside the protection of the First Amendment.  It is also important to note that while “speech” is typically given a high degree of protection under the First Amendment, “conduct” generally receives a lesser degree of protection, or no protection, depending on the context and circumstances. 

As stated above, there are certain types of speech which may not be protected, including threats and speech that incites people to immediate violence. This is a high threshold. Generally, abstract or philosophical statements like, “The Puritans were correct to burn witches at the stake," would be protected, where a speaker saying, “Seize that woman and burn her at the stake right here, for she is a witch!” would not be. Additionally, if your supervisor were treating you differently than other employees because of your beliefs, that could be considered discriminatory.

While the University of Pittsburgh is bound to uphold these laws — in fact, the ACLU notes: “Restrictions on speech by public colleges and universities amount to government censorship, in violation of the Constitution.” —  we also believe in them, and have long held these principles as foundational to our identity and mission. For those looking to better understand what the law says, the ACLU has published a detailed overview of the legalities of free speech on college and university campuses.