Indiana University Southeast near Louisville, Kentucky is at the center of a free speech controversy over a school code that bars students from expressing opinions on campus except in designated free speech zones. The code flips the presumption of higher education: students must generally refrain from free speech and even apply for the right to express opinions. The code, first promulgated in 2004, is being challenged as an example of how universities are cracking down on free speech.
The IUS code is written poorly and conditions free speech on university approval. The code has an approval process for acts of “expressed opinions” which requires an application five days in advance. Thus in Kentucky you do not have a waiting period to buy a gun, but when in IUS you may have to wait for approval to engage in first amendment activities.
The guideline for students wishing to express opinions can be found here: Guidelines_FreeSpeech
It starts with this statement:
Persons wishing to express their opinions, distribute materials or assemble on campus in accordance with the state and federal constitution in relation to their right to free speech, must submit an Application to Schedule Facilities form. This form can be obtained from the Conference and Catering Office in the University Center of IUS. This Application should be submitted at least five (5) days prior to the event. Approval must be granted before an event can take place.
Notably, this is not limited to outside groups or non-students but anyone “wishing to express their opinions.” It also does not define the scope or meaning of “opinion.” Does this mean that I have to get permission to express my opinion on the Chicago Bears or my preference for skim over one-percent fat milk? The Code is written so poorly and broadly that it defies not just liberty but logic.
The regulation of speech, the school insists, is needed to prevent such speech from “endangering people or property.” Joseph Wert, associate professor of Political Science and Dean of the School of Social Sciences at Indiana University Southwest, defended the code by noting “Governments have the right to restrict the time and place of these things…” He noted that the code does not regulate on the basis for content and treats everyone the same. That argument however misses the central point. First, the Code allows officials to waive these requirements on a case-by-case basis — creating a danger of selective application. (“If the 5 day period is burdensome, and depending on what other activities are being conducted on campus, the 5 days period may be waived at the Director of Campus Life’s discretion.”). Second, even assuming that the school does not indirectly regulate speech on the basis of content in granting permission to speak, the Code asserts the need for students to speak only with permission — a dangerous lesson to instill in students in a free nation. These free speech zones have become the rage in universities around the country — allowing schools to create an enforced silence on campuses by restricting free speech to designated areas like smoking.
Moreover, Professor Wert’s argument goes too far since, under this theory, a school could all but ban free speech since it is treating all speech equally. The disruption so feared by the school is an essential part of higher education. Students come to colleges to be exposed to different ideas and people. In this environment, they experiment with different views and interact with a wide range of opinions. These free speech zones cabin free speech and free thought — reducing our campuses to the same level of interaction as a remote learning site.
bettykath,
I think this is a private school. I can’t imagine a university of Indiana school with a Kentucky location. I will have to look up the website.
Unintended consequences of unintended consequences of unintended consequences, ad infinitum?
is the actual existence of chaos theory itself chaotic?
This is an example of what is happening to free speech everywhere. The so-called free speech zones that were set up in Washington, DC during the Bush inagural comes to mind. We either have free speech or we don’t. I think the students at this university should incorporate and then their speech can’t be stopped!?
David, Interesting point you make but this is the state university system, not a prep school.
@ Jbrian
I guess Marx bars and jesus pieces, won’t be a selection. :o)
jbrianharrisphd,
Dilemmas, dilemmas.
God wondered, shall I produce mankind or not.
Obviously wrong decision. Gods play nature’s odds. They don’t determine them, although some think so.
In this environment, they experiment with different views and interact with a wide range of opinions. These free speech zones cabin free speech and free thought — reducing our campuses to the same level of interaction as a remote learning site.
Sounds like a great prep school learning ….. that preps one to live in the future gated enclaves that abide by strict and narrow community accepted values. There goes the neighborhoods. (literally)
This sounds like a reversion to tribal goals and community. I wonder what the limitations of the private security will be within these social madrasas.
Now that I know that using money is speech and that writing is speech, and that almost any form of overt conduct is speech, what of a student who gets an assignment to write a short paper on a course-relevant topic and unwittingly expresses an opinion in the paper, if the paper is due two days after the assignment was given out?
What of a student who expresses an opinion by purchasing a snack from a vending machine, the opinion being the snack will be tasty? Thanks to the Citizens United decision, putting coins in a vending machine coin slot is inescapably the speaking of an opinion…???
Mindless? HUBRIS?
And everything else in the dictionary you find appropriate.
The Pentagon tour was best today. Pure Saul. He empowered Malisha.
So when do we start T-shirting. Everybody can do that, but preferably in groups with several cell phone videos going.
Students can put up signs in the protest areas.
“Your rights are activated here if permission has been obtained. Please contact our constitutional leader, Professor/President Obama.”
In a nation that wars endorsing war against people called Pedo’s, bestialists, zoosexuals or whatever name humans cook up is not being in a free society at all. What the humans are experiencing is a symtom of not having free anything. To pay is not free anything. To have freedom of speech is also an illuton. Can a nation that has jails be called a free nation? If this was a free nation every city, and suburb would be a clothing optional society with people obeying these verses minding their own business being godly.
1 Thessalonians 4:11; And that ye study to be quiet, and to do your own business, and to work with your own hands, as we commanded you;
Philippians 2:3; Let nothing be done through strife or vainglory; but in lowliness of mind let each esteem other better than themselves.KJV.
My dog pack has tee shirts that fit dogs with some writing on the sides: “Dont Krate Me and Ride Me On Top Of The Car. Willard Stinks.”
Dredd — and WHERE.
Lou-John 1, July 24, 2012 at 9:25 am
“I would like permission to express my opinion on your idiotic and probably unconstitutional speech code. Please let me know when I will be permitted to do so.”
I suggest we all send in applications as above.
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LOL
Mike Spindell: Mindlessness? Or HUBRIS?
A lot of universities also specify “protest areas” for controversial events, to keep protesters out of sight. Because most protests are social rituals anyway, and about group therapy more than influencing public opinion, most protesters comply without complaint.
University of Chicago:
“For events where a large crowd is expected or where there is a potential for those persons with views that differ from the views held by event organizers to attend, student organizations should provide the contact information of their ORCSA advisor and departments should provide the contact information of an appropriate full-time staff member in their department; that staff member may be required to attend. Contact information should be provided to the Assistant Director for the Reynolds Club & Bartlett Hall. Please note that a separate protest area may be designated by the Office Campus and Student Life for those persons with views that differ from the views held by the event organizers. In order to ensure the safety of all participants, the University Police Department may require the attendance of one or more officers”
University of Wisconsin:
“As two students silently held strongly worded signs in a cordoned-off “protest area” at the back of the room, the University of Wisconsin System Board of Regents on Thursday raised tuition by 5.5% at all campuses for the 2012-’13 academic year to help offset state budget cuts.”
University of Cincinnati:
“On February 8th some students were attempting to gather signatures in support of anti-union legislation in Ohio. Cincinnati told them they they would not be allowed to gather signatures across campus and would be restricted to the protest area.”
etc.
Mayfly, Thanks for the idea. My submission:
re: your Free Speech Guidelines
‘Governments have the right to restrict the time and place of these things…’” I don’t think so. Actually, I know so. Please read the Bill of Right, yes, RIGHTS. For ease of research: google U.S.Constitution and check out the first amendment. You’re a university for cryin’ out loud. You should be promoting free speech, not restricting it. Shame.
The students need to flood the administration with applications for every little opinion they might want to express, such as JT spoke of, like whether they liked their breakfast or like their weather hot or cold, etc. That would be a great way to illustrate the absurdity of this outrageous and horrifying policy.
The incredible mindlessness of this policy leaves me with one reaction. All those at the school who had anything to do with its approval or institution has proven themselves to be unqualified for any academic position whatsoever, forever.
Here’s what I wrote on their website:
“Just read an article on your Free Speech Guidelines. My comment here won’t need an application to express an opinion as I am speechless!”
A colleague and I wrote “FORT BENNING WHERE ARE YOUR BALLS?” on sweatshirts and took the Pentagon tour over and over during the 90s when we were trying to get attention for a cover-up of child sexual abuse at Fort Benning, Georgia. NOBODY ASKED US TO TAKE OFF OUR SWEATSHIRTS but they sent a cop out there to threaten me after our ninth tour. (We’d go on the tour and then people would stop and chat with us about our weird sweat shirts and we would verbally inform the about the cover-up.) He said he was going to have to arrest me for loitering in the Commonwealth of Virginia. I said, “OK then arrest me for loitering in the Commonwealth of Virginia.” He began to visibly perspire and his hands shook. He said he was going to check on where to arrest me and I waited in the waiting room for him to return and he never did. Then we took another tour. Those were great sweatshirts — very comfortable!
A friend of mine rented a white car and we drove it all over Rockland County, New York with writing on it, in black shoe polish (easily washed off before returning the car) saying: “SHAME ON JUDGE WILLIAM WARREN.” THen I went to a funeral with a black silk jacket, with white adhesive tape letters on the back: SHAME ON JUDGE WILLIAM WARREN. Cops rousted the car once but didn’t arrest anyone.
There are all kinds of ways to say things, and there are attempts at all levels to shut folks up if there are active pro-cover-up authorities involved. They will break the laws, make up the laws, put regulations in place, intimidate people, and do every imaginable unconstitutional and unlawful thing to restrict people’s right to free speech. The problem is that there is SO MUCH UNLAWFUL RESTRAINT that it takes a lot more than a few nonprofits to counteract it. We are seeing all our freedoms eroded but the First Amendment is evaporating the fastest.