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Greg Lukianoff

Greg Lukianoff

Posted: April 13, 2010 03:02 PM

Muzzle Tov, Southwestern College & Your 'Free Speech Patio'!

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Congratulations to the administration, and President Raj K. Chopra, of Southwestern College (SWC) in Southern California for being awarded a 2010 Jefferson Muzzle Award for achievement in censorship! The "honor" was bestowed by the Thomas Jefferson Center for the Protection of Free Expression, which "annually recognizes those who in the preceding year committed some of the more egregious or ridiculous affronts to the First Amendment right of free speech."

In 2009 Southwestern College, as I've been covering since November, not only banned three professors from campus after they participated in a peaceful protest, but also kept free speech restricted to a single small patio on campus. Yes, you read that correctly: a Free Speech Patio.

Here is a map that my colleagues at the Foundation for Individual Rights in Education (FIRE, which has been wrangling with the SWC administration for months now) marked up to demonstrate how much of the campus is off limits to free speech:


Ah, can't you just taste the freedom?

Though the professors were eventually allowed to return to campus in the face of pressure from FIRE, the ACLU, the law (SWC kept them off campus for the whole two weeks allowed by law), and the public, FIRE has continued to remind SWC about the absurdity and brazen unconstitutionality of the Free Speech Patio. Though SWC formed a committee to rewrite the policy months ago, it doesn't seem to have taken these issues very seriously. SWC should understand that every time a speech code has been challenged since 1989, the case resulted in a loss for the college or university trying to defend it. Besides, it should be obvious that students and faculty members deserve more free speech than can fit on a patio, for goodness' sake.

As for honorable mentions in censorship achievement for 2009, I believe Bucknell is also deserving of recognition for denying students the right to satirize the government's stimulus plan. As you can see in my previous post about this, Bucknell disputes this, claiming they have the power to control political satire and protests as "solicitation." Seriously, Bucknell, think about that argument: do you really want political handbills to enjoy no more protection than pizza coupons? In the real world, under the First Amendment, handbills enjoy the utmost protection and cannot be limited by restrictions on advertising, which is understandably much less stringently protected.

Meanwhile, the college most deserving of public shaming for its failure to defend free speech in 2009 is, in my opinion, Yale University. In one incident a Yale administrator or two encouraged the censorship of a F. Scott Fitzgerald quote in which a character in one of his novels referred to Harvard men as "sissies." In another, the university intervened to prevent a Yale University Press book about the Mohammed cartoons from showing any depiction of Mohammed--including the cartoons that were the actual subject of the book. Earlier this year Yale backed away from its handling of "sissygate" but stood by its more serious and troubling intervention against the book, The Cartoons That Shook the World.

Yale, Bucknell, and Southwestern College all need to get back to the fundamentals: our colleges and universities are supposed to be the centers of innovation, debate, and discussion for our entire society. As such, they not only have to tolerate speech that might offend; they need to, in fact, encourage all speech, especially that which provokes and generates debate and dialogue. Forgetting this role undermines the very purpose of our colleges and universities and makes it more difficult to have the serious discussions our society desperately needs.

I hope 2010 is a better year for free speech on campus, but in the meantime, enjoy your Muzzle award, President Chopra and Southwestern College. You really did earn it!

 
 
 

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HUFFPOST SUPER USER
realitytrumpsbull
two 'alves of coconut!
12:50 AM on 04/18/2010
College/university is a place to go to advance your knowledge about the world, but increasingly, it seems like the American college campus is becoming a festering hotbed of politics. Frankly, I side with the administrator in the decision to let go of faculty and expel students that are cleaving off from the provided curriculum to utilize school facilities for their own purposes, apparently.
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02:05 AM on 04/21/2010
If it wasn't for free speech on college campuses, we'd probably still be fighting the Vietnam War.

Student protesters were the original catalysts that started the anti-war movement, which ultimately ended the Vietnam War.

So students should keep their mouths shut?

Some things in life you can't learn from a curriculum.
05:12 PM on 04/13/2010
Hyde Park has speakers corner and that seems to be working. I have seen other places that have areas for speaking and they are more for crowd control than censorship. You probably don't want a Tea Party in the middle of campus. How about Jimmy Swaggert and a bullhorn? Nazis marching around campus?
Were the professors aware of the Free Speech Patio and chose to ignore the rule? Or did their peaceful protest stay on the patio? They shouldn't have been banned, but it sounds like that's been corrected.
Do you think free speech means anybody can say anything they want anywhere they choose? What you like to see Southwestern do? Thanks
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HUFFPOST BLOGGER
Greg Lukianoff
Advocate for student & faculty rights
05:51 PM on 04/13/2010
Glad you asked. I have explained the concept of "Free Speech Zones" so many times I forget I need to explain how these zones differ from zones in the past. Campus free speech zones have been transmogrified from places you can ALWAYS speak (and many of these include things as tame as clearly protected and unobtrusive as handing out pamphlets and newspapers) on campus to often the ONLY place you can without jumping through extensive and unconstitutional hoops. This change seems to have taken place in the 90s and this version of these zones have been popping up since then. Colleges always have the power to shut down speech that is actually disruptive to the function of the university, but they often use this as an excuse to shut down speech they simply don't like. As for the content of the speech you mention, unless speech restrictions are viewpoint neutral and are only based on time, place and manner they pretty quickly turn on what the administrator in charge likes to see and hear and what he or she doesn't. But if it makes you feel better there isn't a very strong Nazi presence on campus. If you want to know more about the courts and free speech zones check out: http://www.thefire.org/article/11731.html. The courts have actually been getting these issues right. Great questions.
06:01 PM on 04/13/2010
Thanks for the quick answers and the link. Good luck with your fight.
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HUFFPOST SUPER USER
realitytrumpsbull
two 'alves of coconut!
12:51 AM on 04/18/2010
Exactly. School is a place of learning, send the fist-shaking elsewhere.
04:45 PM on 04/13/2010
Amazing... the only question remains... why a patio?