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Liberty University鈥檚 Values and Jerry Falwell Jr.鈥檚 Pro-Free Speech Statements Don鈥檛 Add Up

The student press at Liberty University is not a free press. That much was made clear when news broke that Liberty University president Jerry Falwell Jr., who has endorsed Donald Trump鈥檚 candidacy, censored an article in which student journalist Joel Schmieg criticized Trump over . According to Schmieg:

鈥淸My editors] read the [president鈥檚] email to me. He said, basically, the gist was that there were two articles this week about Trump,鈥 Schmieg told The Daily Beast on Tuesday. 鈥淥ne was a letter to the editor from a Liberty alum, and they didn鈥檛 want two things running about him.鈥

Schmieg, sports editor and weekly columnist for the student newspaper, the Liberty Champion, went on to say that Falwell Jr. reads鈥攁nd has the power to censor鈥斺渆verything controversial鈥 before it鈥檚 printed. You can read the column Schmieg planned to publish in its entirety at .

So, what happens next鈥攃an Liberty actually censor student speech on campus? The short answer is yes. At a public university that is legally bound by the First Amendment, or at a private university that promises to defend students鈥 expressive rights and is contractually bound by those promises, FIREwould have grounds to intervene. But Liberty is a private university that does not promise freedom of expression, instead maintaining behavioral guidelines that reflect of 鈥渢raining champions for Christ.鈥 FIREPresident and CEO Greg Lukianoff Liberty鈥檚 policies further in 2012:

Similarly, Liberty University makes it extraordinarily clear to its students that they are giving up all manner of freedoms that they would enjoy at a public college. All applicants to Liberty must sign a contract stating that they have read and agree to abide by 鈥淭he Liberty Way,鈥 which stresses that Liberty students must 鈥渓ive a chaste, honorable and virtuous life鈥 and 鈥渕ay not engage in any activity on or off campus that would compromise the testimony or reputation of the University or cause disruption to Liberty's Christian learning environment.鈥 Incoming Liberty students are knowingly contracting to give up certain rights鈥攖his is what the law refers to as 鈥渋nformed consent.鈥

(Note: although Liberty University has now to 鈥淭he Liberty Way鈥 only to enrolled students, a PDF of the document is still available .)

Greg then the 鈥渃ontract theory鈥 of private colleges鈥 obligations in 2012, explaining that Liberty is free to organize itself around Christian principles and require that members of the campus community adhere to the university鈥檚 mission-specific conduct regulations, so long as it is clear about those expectations:

Most private colleges鈥攍ike Yale and Harvard鈥攑romise free speech and other basic rights in glowing language. Other colleges, like Liberty or Brigham Young University, place their religious identity above all else, making clear to incoming students that free speech takes a backseat to faith on campus.

But while private universities are free to organize around a select set of values, such as Liberty鈥檚 understanding of Christianity, they are most certainly bound by the promises they make in their materials to faculty and students. This 鈥渃ontract theory鈥 of the obligations of private colleges isn鈥檛 whimsy; it鈥檚 binding legal precedent in most states, where courts have held that colleges may be required to honor the contractual promises they make.

This is as it should be. One could hardly maintain a functioning society if people could enter into contracts without any legal obligation to fulfill them. And make no mistake about it; universities like Harvard, Yale, and so forth are not issuing extensive promises of free speech and academic freedom out of the goodness of their hearts alone. They know full well that many gifted students, high-caliber professors, and wealthy donors would be reluctant to join or contribute to schools that do not guarantee them the same rights that students and faculty receive at public colleges.

The situation at Liberty is not an uncommon one. Last year, Wheaton College鈥攁n evangelical Christian college in Illinois鈥攚as when its administration suspended political science professor Larycia Hawkins for what it perceived to be deviation from religious doctrine after Hawkins publicly stated that Muslims and Christians believe in the same god.

What we wrote then about Wheaton applies to Liberty as well: It鈥檚 incredibly important that students and faculty examine the policies of a campus community before they choose to become a member. At 果冻传媒app官方, we operate under the presumption that institutions will respect expressive rights on campus unless they plainly state otherwise. Like Wheaton, Liberty does not prioritize those rights. Although Liberty is not currently included in 果冻传媒app官方鈥檚 Spotlight database (which rates only the top 100 private institutions, in addition to many public universities), it would be classified as a 鈥warning鈥 school if it were included. We call schools like Liberty 鈥渨arning鈥 schools for a reason鈥攕tudents should be forewarned that when a private college explicitly places other values above the right to free speech, students questioning those values will face censorship.

However, that鈥檚 not exactly the end of the story. Just last week, Falwell Jr., who openly supports Trump鈥檚 candidacy, to a asking him to revoke his endorsement of Trump:

I am proud of these few students for speaking their minds. It is a testament to the fact that Liberty University promotes the free expression of ideas unlike many major universities where political correctness prevents conservative students from speaking out.

If Jerry Falwell Jr. is sincere in stating that Liberty values freedom of expression, then this is a perfect opportunity for him to prove it by reversing his censorship of the Liberty Champion. He should also work to revise Liberty鈥檚 policies to reflect the pro-expression principles he claims his university promotes (果冻传媒app官方, of course, would be happy to help Liberty reform its policies). If not, Falwell鈥檚 words are empty鈥攈e cannot cloak himself in the mantle of freedom of speech while demanding censorship power over student press.

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