Penn State named among ’10 worst colleges for free speech’ after nixing Proud Boys speaker

Following the last-minute cancellation of an October event many deemed hateful, Penn State found itself included Thursday on a national organization’s annual list of the “10 worst colleges for free speech.”

The Foundation for Individual Rights and Expression, or FIRE, named Penn State to the list for canceling an on-campus show featuring Proud Boys founder Gavin McInnes. About 40 minutes before the start of the Oct. 24 presentation titled “Stand Back & Stand By” — a reference to Donald Trump’s 2020 nod to the Proud Boys — the university canceled it due to the threat of escalating violence.

Penn State “failed to meet its legal obligation to remove law-breakers so the expressive event and peaceful protest could continue,” FIRE wrote in the 2023 rankings released Thursday.

FIRE bills itself as a non-partisan organization based out of Philadelphia. But it’s also been accused of leaning right, given many of its donations tend to come from conservatives and libertarians, including from one of the Koch Brothers’ foundations. At the same time, many of its staff and board members boast experience with the ACLU — such as former ACLU President Nadine Strossen, a liberal feminist and senior fellow for FIRE.

Other schools made the list for differing reasons, which ran the gamut of the political spectrum. FIRE included Tennessee Tech, which punished students over a drag show, and the University of Pennsylvania for firing a professor in the wake of “controversial” (i.e. racist) comments on immigration and race.

A Penn State spokesperson said the university remains committed to the First Amendment.

“Penn State is fully committed to the principle of free speech, which is a fundamental value of higher education,” spokesman Wyatt DuBois said Thursday in a written statement. “Further, as a public university, Penn State is bound by the First Amendment to allow free expression on its campuses, regardless of the viewpoints being espoused, including those that we may find deeply offensive. However, when true threats or a risk of imminent violence or other criminal conduct that would endanger people or property are likely to occur, public institutions are permitted to cancel or reject events.”

The scheduled on-campus event involving the Proud Boys founder drew national attention and wide-ranging condemnation. But, because a recognized student organization invited the speakers as all such organizations are allowed, the university said it could not pre-emptively cancel the event because it finds the speakers’ rhetoric “hateful and discriminatory.” Not without violating the U.S. Constitution.

Still, more than 3,000 people signed a petition urging the cancellation of the event, calling it a “safety issue” and not a free speech issue. And, after several incidents during the night of the event, including a Proud Boys supporter pepper-spraying protesters, the university ultimately decided to cancel. One student, a protester, was arrested.

FIRE summed up its criticism of Penn State succinctly: All talk, no show.

“One thing is clear: Penn State may defend free expression with words, but when actions are necessary, the university is all-too-willing to turn tail, fleeing from its First Amendment obligations and letting disruptors win,” the organization added.