Goodlatte Statement at Constitution and Civil Justice Subcommittee Hearing on Free Speech on College Campuses

Washington, D.C. - House Judiciary Committee Chairman Bob Goodlatte (R-Va.) today delivered the following remarks during the Subcommittee on the Constitution and Civil Justice's hearing on "First Amendment Protections on Public College and University Campuses.” Chairman Goodlatte: On August 14, 2015, this Committee sent a letter to 160 public colleges and universities that had received a “red light” rating from the Foundation for Individual Rights in Education (FIRE). According to FIRE, a “red light” institution “is one that has at least one policy that both clearly and substantially restricts freedom of speech.” FIRE defines a “clear” restriction as a policy that on its face is a threat to free speech and “does not depend on how the policy is applied.” FIRE defines a “substantial” restriction as a policy that is “broadly applicable” to speech on campus. Given the positive responses to this letter by many colleges and universities and the increased attention to this issue, we’ve seen a substantial decrease in unconstitutional policies across the country in the last two years.  FIRE reported last year that only 45.8% of the public schools surveyed received a “red light” rating. This year, the number has dropped to 33.9%. My hope is that the number will soon reach zero. Policies that limit free speech limit the expression of ideas. And no one—no one—can be confident in their own ideas unless those ideas are constantly tested through exposure to the widest variety of opposing arguments. This is especially crucial in a democracy. The Founders of our country understood this clearly. George Washington and Thomas Jefferson wrote of the importance of knowledge in a democracy. Washington wrote, “Knowledge is, in every country, the surest basis of public happiness .... In proportion as the structure of a government gives force to public opinion, it is essential that public opinion should be enlightened.” And as Thomas Jefferson reminded us, “Knowledge is power …. If a nation expects to be ignorant—and free—in a state of civilization, it expects what never was and never will be.” James Madison wrote of the inherent connection between learning and liberty, writing, and I quote, “What spectacle can be more edifying or more seasonable, than that of Liberty and Learning, each leaning on the other for their mutual and surest support …. A popular Government without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy, or perhaps both …. And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives.” John Adams wrote specifically of the young, that, “It should be your care, therefore, and mine to elevate the minds of our children and exalt their courage. If we suffer their minds to grovel and creep in infancy, they will grovel all their lives.” I thank Chairman King for holding this hearing, and I thank our witnesses for coming today. I look forward to your testimony, and your ideas about how we can continue to foster the free expression of ideas on college campuses.