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SALT LAKE CITY — The Utah Board of Higher Education unanimously approved a resolution on Friday establishing expectations for implementing free speech principles across Utah's public college and university campuses.
The thesis of the resolution is primarily focused on higher education institutions remaining neutral when it comes to controversial political issues, social issues or events, while simultaneously empowering students to practice free speech and expression, no matter where they stand.
"This is a great opportunity for our (university and college) presidents to say, 'Look, we're going to be neutral on the most divisive topics of the day but let's have these discussions and these debates,'" Utah Gov. Spencer Cox said.
Other notable aspects of the resolution include institutions encouraging faculty, staff and students to engage in open debate, not shielding students from ideas and opinions they find disagreeable or offensive, and protecting the safety of those participating in constitutionally protected speech — which includes hate speech — on campus.
Geoffrey Landward, interim commissioner of the Utah System of Higher Education, acknowledged that the First Amendment protecting hate speech is "one of the most difficult parts" of the amendment. He noted that presidents will still be able to condemn hate speech if they believe it impedes their "mission or role."
"We are confident that these expectations and directives, built on the foundation of our resolution on the freedom of expression, will create a vibrant and respectful and vigorous marketplace of ideas at our colleges and universities," Utah Board of Higher Education member Jon Cox said.
Spencer Cox said that the issue of free speech and free expression is something he's passionate about, as evidenced by his "Disagree Better" initiative. But, he said, it's not just about disagreeing, but disagreeing in the "right" ways.
He referenced a 2023 Gallup poll that shows Americans' confidence in higher education has fallen to 36%, sharply lower than in two prior readings in 2015 (57%) and 2018 (48%). He added that often, conservative students are afraid to share their views out of fear of offending peers, and students with strong ideological views have more "pronounced" views on free speech than students from marginalized groups.
"This cannot be in a free society," the governor said. "The hallmark of higher education is its position in the marketplace of ideas, where community members may freely express all beliefs and viewpoints, but also where the merits of those ideas are subject to rigorous scrutiny and must withstand the challenge of open debate and critical examination."
He said that there's "no room for canceling" in Utah and through this resolution, it won't happen at Utah's public institutions of higher education. When it comes to the idea of institutions taking stances on particular issues, Cox said it's "one of the dumbest things we've done over the last 10 or 20 years, as a country."
"I do not care what your position is on Israel and Palestine. I don't. I do not care what your position is on Roe v. Wade and we do not need our institutions to take a position on those things," the governor said, adding that he does want students to take positions and debate those topics.
While this resolution will apply to all public colleges and universities in the Beehive State — institutions must submit their policies, procedures and practices to the board for review and discussion and to ensure they meet the requirements of the resolution on or before June 1, 2024 — private institutions like Brigham Young University and Westminster College will not be subject to the requirements.
Utah Senate President Stuart Adams, R-Layton, a self-described conservative, said he had a political science professor at the University of Utah who was "a very liberal Democrat." Despite their differences in political beliefs, Adams said the two eventually formed a close friendship.
Adams used this experience to tout the resolution.
"Learning how to respectfully engage by university students with differing viewpoints is a valuable skill that will serve students well in their personal and their professional lives," Adams said. "That is so important for us to do, to be able to give our kids that ability."
Landward acknowledged that upholding free speech isn't easy and that applying the First Amendment is complex and difficult.
To that end, Landward said the Utah System of Higher Education has created an advisory committee on free expression comprised of First Amendment experts, faculty representatives, institutional administrators, board of trustee members, students and Spencer Cox.
"The idea here is that we're going to take those most difficult ideas, most difficult problems and figure out how to make them work and do it in a deliberate, rational, well-thought-out process to help deliver guidance to our institutions to preserve their mission, to preserve their role, to help them navigate these waters," Landward said.
Despite the Gallup poll showing Americans' declining confidence in higher education, Spencer Cox is still optimistic about the role it plays in society.
"Higher learning is important. It's good for us. It's not just good economically, it's good for our souls as human beings to understand ideas that are different than ours. We do not find truth by pretending like we found all the truth and there is no need for debate. We find truth by challenging ideas," the governor said. "Even ideas that are settled, even ideas that are incredibly popular. We challenge those ideas, we weigh them ... and then we move forward. That's the purpose of a university ... it's time we get back to that purpose."
The resolution can be read in its entirety here.
