U.S. Supreme Court Justice Robert Jackson wrote in the landmark case of West Virginia State Board of Education v. Barnette (1943) that “if there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. If there are any circumstances which permit an exception, they do not now occur to us.” His words were a ringing affirmation of the freedoms of conscience and expression that are central to American liberty.
Unfortunately, however, the notion that the government may not dictate what people may express or believe about controversial subjects has remained hotly contested. Those in power inevitably find it convenient to restrict expression or even dictate matters of conscience in order to ensure a more “just,” “fair,” or “orderly” society or organization.
Today, rules and regulations that restrict expression or dictate matters of conscience are often found at college or university campuses—including at the 16 schools that comprise the University of North Carolina System. As public institutions—agencies of the State of North Carolina—the universities in the UNC System are legally bound to uphold the First Amendment rights of their students and faculty. Unfortunately, they are failing miserably.