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SUU adopts 'free speech zones': New policy outlines management of First Amendment rights on campus

Editor-in-Chief

Published: Wednesday, April 1, 2009

Updated: Sunday, November 22, 2009

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Non-denominational religious activist Rashid Solo speaks on the Lower Quad. Solo was assigned the spot under the new campus "free speech zone" policy.

news - IMG_4269.jpg

Non-denominational religious activist Rashid Solo speaks on the Lower Quad. Solo was assigned the spot under the new campus "free speech zone" policy.

SUU officials are implementing a new policy establishing "campus free speech zones," a common but often controversial practice at campuses across the United States.

According to the new Policy 5.1, "constitutionally protected rights may be exercised on university grounds in areas designated … as 'campus free speech zones.'"

Vice President for Student Services Donna Eddleman said the change was needed to provide more guidance for campus schedulers.

"There were a variety of things missing in the original policy," she said. "This is a significant improvement.

The old policy was last updated in 1990 and did not address current issues, Eddleman said.

The new 10-page policy - which dwarfs its two-page predecessor - was passed by the SUU Board of Trustees at a March 12 meeting.

Eddleman said the change in policy had nothing to do with concerns about possible protests at Church of Jesus Christ of Latter-day Saints President Thomas Monson's commencement speech.

"The process of changing this policy began last semester," Eddleman said. "It may be hard for some to believe, but it was before I knew about Monson. This policy wasn't dictated at all by commencement plans."

The new policy does not restrict picketers or demonstrators to the "free speech zones," she said.

"We will do our best to accommodate groups who wish to hold an event on campus," Eddleman said. "Generally the difference is that if groups want to hold a big gathering that they expect people to show up to, then they can schedule one of the zones. But if they want to demonstrate or protest, they are not restricted as long as they follow the law."

Eddleman said she did not personally work to draft the policy but added that it was modeled after policies at institutions across the United States.

While "free speech zones" may be common at campuses across the country, they have also come under fire.

A 2005 report by the Arlington, Va.-based Student Press Law Center concluded that, "despite their name, campus 'free speech zones,' at their best, tolerate speech but have little to do with actually encouraging lively and spirited expressive activities on campus."

At their worst, the report went on, "they ('free speech zones') represent a serious threat to the traditional model of a university operating as a 'quintessential marketplace of ideas.'"

SUU Director of Central Scheduling Lauri Garfield said she thinks the policy is needed.

"This clarifies where we can schedule people," she said. "It allows us to be consistent across campus."

Since the new policy was implemented, Garfield said she has already used it to schedule a religious speaker on March 23.

Rashid Solo, a 29-year-old religious activist, was scheduled under the new policy to speak on the Lower Quad, Garfield said.

"This policy is setting up for the future so we know where to place people like that," she said.

The policy designates three official "free speech zones": the Multi-Purpose Quad, the Lower Quad and the Upper Quad.

Alternate locations may be identified by the scheduling office and the vice president for student services, according to the policy.

The policy stipulates that "nothing in this section should be interpreted to limit free speech elsewhere on the campus" and allows demonstrations, picketing and distribution of literature outside the zones.

SUU Legal Counsel Michael Carter reviewed the new policy.

Though the SUU policy is more liberal than some others, "free speech zones" have been the cause of lawsuits.

In 1981, the U.S. Supreme Court issued a ruling in Widmar v. Vincent that summed up the conflicting interests.

Despite noting that "the First Amendment rights of speech and association extend to the campuses of state universities," the court said it "recognize(d) a university's right to exclude even First Amendment activities that violate reasonable campus rules or substantially interfere with the opportunity of other students to obtain an education."

Claims of violation of the Utah or U.S. constitutions will be heard by the Faculty Senate which will pass its "recommendation" to the vice president for student services, whose decision will be final, according to the policy.

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