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Censorship Your Rights Online

Campus Speech Restrictions 19

It's only tangentially related to the internet, but the Chronicle of Higher Education is running a story about 'free-speech zones' being set up at certain colleges. Or, if you look at it another way, 'non-free-speech zones' being set up. Assuming these 'zones' are administered in the same way as they are in New York City, the object is to make the zone as far away as possible from anywhere they could be heard, so as to minimize the impact of the protest. I found the article quite interesting as a recap of the current state of campus speech restrictions.
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Campus Speech Restrictions

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  • by Snowfox ( 34467 ) <snowfox@[ ]wfox.net ['sno' in gap]> on Monday January 08, 2001 @10:20AM (#522996) Homepage

    I visited my girlfriend at California State University in Chico.

    They have a section of a park which is reserved for free speech. I asked a few people what that meant about the rest of the campus and it was eerie -- everybody seemed to think of it as a cool extra that had been granted to them. Nobody saw it as something taken away.

    *shudder* ... double plus good for the Orwelians, I suppose.

  • by roju ( 193642 ) on Monday January 08, 2001 @10:30AM (#522997)
    It seems to me that it is kind of worrying how it's even necessary that such zones are required. According to the Constition, isn't the entire US a free speech zone?

    In any case, I've looked into issues about free speech on campus' in the past, and it's scary. Profs being suspended because people find discussing the history of slavery offensive, and other similar things. I can't remember many of the specifics, but it seems only a small number of profs have been standing up to the trend to prevent the open discussion of ideas.

    If I can dig up any of the references, I'll post them.
  • The traditional (but not mandated) area for protest speech and such is a place known as the Stump, literally an old tree stump that people stand and shout on that is in the plaza next to the student union, library and engineering buildings. There would be serious problems with creating a "free speech zone" elsewhere on campus.
  • ...it's the administration in most cases, or namby-pamby "student leaders".

    As a student leader [uah.edu] myself, this sickens me. Personally, I'm a WASP male from a mainline Christian church. That hasn't stopped me from denonuncing those in our SGA who would seek to deny the rights of students with differing viewpoints. If such a proposal as described by this article showed up at UAH, I would be on it like white on rice, and I would transfer if it held.

    If something ludicrous like this is going on at your school, you have a right to complain about it. Pester your student government representatives--they usually don't hear directly from students and are easily swayed with good logic. Flood your student newspaper--most of them are staffed by liberal idealists who will be sympathetic to your cause and should believe in the cause of free speech.

    Most importantly, do anything you can to make your voice heard. Colleges and universities have three customers: the private sector, their monetary donors, and the students. In serving the students, they serve the other two customers well. In failing to serve the students, they will go bankrupt--morally and fiscally.


    --
  • in a corner of Hyde park for over a centruy, it is the place to go in London if you want to stand on a soap box and rant.

    I really think that Universites should be very careful with what types of rules they put in and be very careful that they apply them equaly to all groups. But I do think there are a few cases where there can be rules, for example if you said that you wanted to hold a rally outside a dorm at 3:00 am I think they would have every right to say, no you can't do that. But besides that I think they should bascily say anything goes.

    Now at least where I went to School campus rallies always happened at the Usdan Student center, but that was mostly because it was the logical place to have them, for one thing the Radio station (WBRS) was there and would probably put the whole thing on the air.

    The cure of the ills of Democracy is more Democracy.

  • by Zachary Kessin ( 1372 ) <zkessin@gmail.com> on Monday January 08, 2001 @11:41AM (#523001) Homepage Journal
    Yes and no, The Constition says Congress shall make no law the inibits the freedom of speach. But a private organazation can say you can't say that *HERE*. If I were to go to my local Walmart and stand on a soap box out front and shout about this or that they would be well within their rights to kick me out.
    Now Universites are a different story, and Academic freedom is usualy rather wide. But even towns may limit speach in some ways as long as it is not done based on content. But for example a town could say that a group can't hold a protest outside of a school during school hours.
    This should Help: A FAQ from the ADL [adl.org]

    The cure of the ills of Democracy is more Democracy.

  • by human bean ( 222811 ) on Monday January 08, 2001 @11:42AM (#523002)
    This is a blatant violation of a person's right to free speech. If the school in question receives any federal dollars (including research money), consider the following:

    1. Find student who has a good cause but who has been beaten down for free speech in "inappropriate areas".
    2. Get legal students to run down court precedents and applicable case law.
    3. Present above to constitutional lawyer, offer him case on spec for fifty percent (maybe you want to haggle a little here). Keep some for yourself, and pay a little to the defendant. (after all, they deserve something).
    4. Hopefully win court case. Not a sure thing, but you need to work on it.
    5. If you win, start legal students to rounding up all other students with similar cases at other schools. Make bulk deal with lawyer. Try to space them out enough that there is no cause for consolidation as a class action.

    This could be a nifty little side career while you are going to school.

  • A school can restrict any non-university related person from being anywhere on the grounds.

    But, in the case of students, it's a little harder. The way that they enforce this is to not get caught up in whether or not they are trying to restrict speech, but whether or not the speech is in a place that could cause problems for other students. There's a whole set of case law about this, from people who protested at malls, etc etc.

    And it's legal. They can't restrict what you say, but they sure as hell can restrict where you are standing when you say it.

  • Profs being suspended because people find discussing the history of slavery offensive, and other similar things.

    This is, at least in theory, exactly why tenure was invented. A tenured professor is supposed to be protected against suspension or dismissal for what he does or does not teach in his classes. In fact, the protection is supposed to go further than that and protect against dismissal for just about anything short of a crime, so that other actions can't be used as a pretext for dismissal when the real cause of action is his teaching. Remember the next time that people talk about doing away with tenure as a way of clearing away an entrenched academic system that it also is a vital protection for academic freedom.

  • I went to grad school at the Univ. of Michigan -- most of my time was on north campus away from the famous Quad of central campus. Note that at this time there's no 'free-speech zone' or what not at this point.

    Whenever I was down on central, in the Quad there was at least one super-religious person(s) arguing why we were all sinners, blah blah blah. Most were respective of those that came through, shouting to be heard but not going any further than that, but a few were the in-your-face times, that would attempt to impede your progress through the Quad or critique you or walk as close to slander as possible without crossing the line. Were they doing anything wrong? Maybe -- you have a right to free speech as long as you don't hurt the rights of others, and detaining you to hear their speech is pushing it. But it was a problem and needs to be fixed. I'm sure there's similar cases in other institutions. I'd rather see universities desigate areas that are not sites of major traffic conjestion to set up soap box areas, but still easily accessible, so that those more 'physical' speakers can still speak their minds without harming others that do NOT want to hear the message.

    If anything, aren't these similar to stores that set up "no soliciation" zones in them (and then of course let girl scouts or the sal. army set up shop there? :-/)

  • A school can restrict any non-university related person from being anywhere on the grounds.
    Only if it's private. The ubiquitous "Reverend Jed" Smock won a ruling against Kent State University in the early '80s forcing the school to grant once a week access to the area in front of the Student Union. In general, once a public University designates a particular spot as a Public Forum, they must allow it's use by members of the public at least at some times. See also the cases involveing the Ann Arbor Hash Bash.
  • Hrmm, thanks for clearing that up.

    Now Universites are a different story, and Academic freedom is usualy rather wide.

    This is what bothers me. Instead of being usually, it should be _always_. IMHO, the university is a place for people to freely exchange ideas, without fear of incrimintion. Naturally, you would want some way of prohibiting baseless banal statments. The way I see it, so long as an argument is presented with suitable factual evidence, or solid logic, there should be no reason except in _extreme_ cases where topics should be avoided.

    A sensitive prof/student would try to avoid hurting people, but they shouldn't fear making a point just because someone might not agree with them.

    That, I suppose, is my main point of contention. People who try to punish others who have opinions that differ from their own. These are the people that are tearing down free speech from the inside.

    Well, that's just my 2 cents.

  • Liberty undefended is Liberty lost.
    High School students are indoctrinated in Government schools so it is not surprising that they know nothing about real freedom.

    To the Moon!
    http://www.beefjerky.com
  • Actualy that was more or less my point. If you looked at the ADL Faq I noted the main thrust of it was that regulation of speach has to be in a content blind fashion.

    When I was in college the school newspaper decided to print an add from one of the Holocost denial folks. In that case the whole campus was quite upset with them. People were realy *MAD*. it was more or less the most offensive thing that the Justice could have done.

    The cure of the ills of Democracy is more Democracy.

  • I attended Mississippi State University and they have an area like this right next to the post office, and diagonally accross from the student union. It's a very visible place and right next to one of the highest foot-traffic area on campus. People preaching/yelling from this area could be heard a good 60-75 yards in any direction.

  • ...people went to University specifically to be challenged, offended, and otherwise exposed to the ideas of others?

    There's a lot of quibbling over whether or not a University administration has the right to restrict free-speech in certain areas. Who cares if they have the right? The scary part is that they're trying to impose restrictions at all. Universities were once the strongholds of revolutions -- doesn't it frighten anybody that the these long-held bastions have finally been overrun? Even if the policies restricting speech are overruled, the basic fact that they are being attempted means we are starting to lose University campuses as safe-houses.

    The 60's as a whole is probably rolling over in its grave.
  • As person who went to Chico State, I can say you left out the most important part.

    The Free Speech area is right out in front of the administration building and the BMU (Bookstore, coffee shop, bowling alley). The only reason people don't care about the free speech outside of the Free Speech Area is that if you wanted to gain as much attention as possiable, the Free Speech Area is the highest traffic area. It's not off in some far off location, it's where everyone *has* to walk by everyday.

  • This is nothing like a store having a no solicitation zone.

    First of all, a store is privately owned. Private companies doing most things is just fine, but government impeeding free speech is unconstitutional.

    Second, as others have pointed out, a "free-speech zone" means there are "non-free speech zones." If the school is a public school (local,state,or federal - or it recevies any money/aid from these institutions) then it is unconstitutional to impeed free speech.

    You are correct, it is illegal for people to violate the rights of others. It's just as illegal for the government to violate the constituional rights of the people who make up the government.
  • In most colleges in India, esp. professional colleges (like engg., medicine, etc) it's always been that way. Atleast you have places in these institutes for free speech, but here you dare no say a thing against the management. If you do, you can be rest assured that you're screwed up in your labs. So much so that we are not allowed to grow long hair or wear any heavy metal band t-shirts (they are branded 'satanic').... and you do anything that even vaguely resembles what they consider rebellish, you can pack away your records for the next sem. And there's nothing we can do about it except wait till we get out.... life, as they say, sucks.

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