So-called "free speech zones" are small areas on college campuses set aside for political, religious, or other expression and discussion. These zones unnecessarily restrict students' First Amendment rights of expression and for public institutions are unconstitutional. Students should have the freedom to express themselves in a lawful manner in any public, outdoor space on campus.
An example that has gained national recognition, is the case of Kevin Shaw, a student at Los Angeles Pierce College, a public community college. He filed a lawsuit after administrators not only stopped him from handing out Spanish-language U.S. Constitutions outside the tiny free speech zone, but also required him to obtain a permit for its use. He gained support from the Department of Justice and recently passed a major hurdle when a federal district court rejected the college's motion to dismiss the lawsuit.
Free speech zones on public college campuses have been banned through legislation in Arizona, Colorado, Missouri, North Carolina, Tennessee, Utah, and Virginia. There are various campus free speech bills floating around many other state legislatures. Some seek to rectify existing issues, while others are preemptive. The scope of these bills varies, but the common thread is eliminating restrictive free speech zones. Further provisions in some bills could go too far through vague wording which could restrict other students' right to protest, such as in this rejected Florida proposal.
Now, a new bill proposed in the U.S. Senate could ban restrictive free speech zones nationwide. The “Free Right to Expression in Education Act,” introduced by Utah Senator Orrin Hatch, would seek to foster free speech on campus by ensuring that any regulations remain "content-neutral, apolitical, and narrowly tailored." Public colleges and universities would be prohibited from banning lawful, expressive activity in outdoor areas in accordance with "reasonable time, place, and manner restrictions" as determined by the Supreme Court.
It is encouraging to see a groundswell of support for free speech leading to legislation protecting the rights of students. The right to freedom of speech protects the interests of everyone, regardless of political persuasion. It is especially important at institutions of higher education where students should be exposed to different ideas so that they can develop their own beliefs and understanding. Protecting student sensibilities through censorship and restrictive policies does them a disservice and leaves them ill-prepared for the world outside academia by denying them the right to hear other points of view.
For a great resource on campus free speech issues see FIRE.
Sources:
- http://www.latimes.com/local/education/la-essential-education-updates-southern-pierce-college-student-files-lawsuit-1490737382-htmlstory.html
- http://www.latimes.com/local/lanow/la-me-ln-college-free-speech-20171025-story.html
- https://www.thefire.org/court-rejects-motion-to-dismiss-student-lawsuit-targeting-los-angeles-pierce-colleges-tiny-free-speech-zone/
- http://www.orlandosentinel.com/news/politics/political-pulse/os-free-speech-zones-20180221-story.html
- https://www.thefire.org/bill-to-prohibit-campus-free-speech-zones-introduced-in-u-s-senate/
- https://www.hatch.senate.gov/public/index.cfm/releases?ID=C5DBB6AB-978E-4965-B0D8-1A5BA9F4BD2E
- https://www.scribd.com/document/371020657/Free-Right-to-Expression-in-Education-Act-sponsored-by-Republican-Sen-Orrin-Hatch#from_embed
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