Guard ’07 Reviews “Free Speech on Campus” – Hobart and William Smith Colleges \
The HWS Update

Guard ’07 Reviews “Free Speech on Campus”

HWS Vice President and General Counsel Lou Guard ’07 explores the First Amendment in the context of higher education in his review of Free Speech On Campus by Erwin Chemerinsky, Dean of Berkeley law school, and by Howard Gillman, Chancellor of University of California Irvine.

Published in the most recent issue of The Journal of College and University Law (Vol. 44, No. 1), Guard says the book review “was an opportunity, as a practicing higher education attorney, to engage the higher-ed law community more broadly and contribute to the discourse around these issues from my vantage point as General Counsel to a private liberal arts institution.”

While the First Amendment does not apply directly to private institutions because they are not government entities, Guard notes that “the principles underpinning the First Amendment are fundamental to what happens on a college campus— to notions of open discourse as the path to advancing our collective understanding of the world in which we live.”

Guard writes in his review, “The reasons why this book makes an impact are numerous but chiefly Free Speech on Campus is an accessible, concise, and yet remarkably thorough reference on issues faced by campuses with regard to the First Amendment. It goes into significant depth and detail while maintaining a level of accessibility and clarity that will aid students, faculty, campus counsel and broader administration alike in comprehension and understanding of the issues.”

In the course of drafting the book review, Guard had the opportunity to discuss Free Speech in Assistant Professor of Political Science Justin Rose’s class, “The Politics of Higher Education.”

“As a professor, I truly appreciated having Lou Guard join my class. My students benefited greatly from both his scholarly expertise and his role as a practitioner, whose responsibility it is to navigate the thorny issues surrounding free speech on campus,” says Rose. “In turn, I believe Guard gained much insight into how students are thinking about and living through the challenges associated with free speech in a hyper-partisan and highly digitized world.”

For Guard, the students and their engagement helped inform his perspective as he wrote the review.

“I always enjoy being able to contribute to the broader higher education legal community while representing Hobart and William Smith Colleges,” says Guard, who also serves as an adjunct professor of law at Cornell Law School where he teaches a seminar on the law of higher education.