First Amendment!
上次我问公立学校和私立学校的区别是什么?你怎么就可以说自己是公立学校而不是私立学校?除了公立学校是funded by a state or city, which means being funded by taxpayers in that particular state or city. Another difference is that private schools are not bound by the First Amendment even though the majority of the schools allow their students to do so but public and private schools are not required to treat protesting the same way.
同样的道理,政府机构和私人企业机构里工作的人都是公民,你可以在你公司随便行使你free speech protest公民自由和权利吗?可以占领你公司的大楼,可以阻止其他员工进入公司吗?
Generally, no. Private institutions generally are not bound by the First Amendment. So, private school students do not have the exact same rights to freedom of speech as students in public institutions. Rather, a private school student’s free speech rights are generally as outlined/described in the institution’s related rules and guidance. To locate your school’s rules and policies, you can try searching “code of conduct” on your school’s website or reaching out to your school’s administration, such as your office of student affairs or your registrar.
Public vs. private universities
Public and private institutions are not legally required to treat protesting the same because only public schools are bound by First Amendment requirements.
“If we were talking about a state university, for example, it would be significantly constrained by the First Amendment, and that would substantially limit what they can and can’t do,” said Frederick Schauer, a law professor at the University of Virginia.
“On the other hand, nominally private institutions, including Harvard and [the Massachusetts Institute of Technology], and the like, are not officially constrained by the First Amendment, although for many years, most of them, maybe even all of the prominent ones, have said that they will constrain themselves by standards that are roughly equivalent to the First Amendment,” Schauer said.
Private schools have thus been able to take additional actions to curb protests, such as shutting down outdoor parts of their campuses to the public. Most private institutions have their own internal structures in which they agree to uphold the principles of the First Amendment and free speech protections, Jared Carter, an assistant professor at Vermont Law and Graduate School, noted.