Having just done a word search in the article after reading the article, I don't think the article claims that there is any such distinction. The author of the article, of course, advocates that students generally enjoy broad free speech rights on campus, and gives examples from many different colleges and universities (state-operated and privately operated) where those rights have been severely restricted. I don't think the article gives any comfort on a LEGAL basis that private universities can be substantially more restrictive than public universities in this regard. "And of the 13 legal challenges launched since 2003 against codes that FIRE has deemed unconstitutional, each and every one has been successful. Given the vast differences across judges and jurisdictions, a 13-0 winning streak is, to say the least, an accomplishment."