Colleges debate free speech zones
Sept. 27 (U-WIRE) MANHATTAN, Kan. - It's a rising debate. Across the nation, universities have implemented free speech zones. These zones, which restrict where demonstrations and free speech occur, have sparked a controversy.Administrators say the zones keep order. Students say they infringe on rights.
So the debate has come down to one question: Are free-speech zones efficient forums or First Amendment violations?
At Kansas State University, officials say the answer is clear.
"The whole campus here, historically, has been a free speech zone. Period. End of story. Good night," Dean of Student Life Pat Bosco said.
Bosco said members of the K-State family are free to exercise their right to free speech anywhere on campus. They are not restricted to the area commonly referred to as the free speech zone in the K-State Student Union Plaza.
However, that has not been the case at other universities.
Iowa State University, the University of Houston, Florida State University and West Virginia University all have been under fire for their free-speech zone policies. Students there were not allowed to protest, picket or demonstrate anywhere other than the free-speech zones. Students retaliated, saying it was their First Amendment right to speak out or demonstrate anywhere on campus.
The case at West Virginia University garnered national attention when the police were called on a student activist who wanted to distribute fliers about corporations and human rights outside the free speech zone. They said he only could hand them out in the designated free-speech zone.
That was in April, 2002.
Since then, the debate has grown.
Todd Simon, director of the A.Q. Miller School of Journalism and Mass Communications, said restricting speech to certain areas on state-owned property is against the law. Under the Public Forum Doctrine, the answer is simple, he said.
"People are able to practice free speech everywhere," he said.
If university officials tell students they cannot practice outside the free speech zone, the officials are not consistent with the rules, he said.
"The basic rule is pretty simple. As long as you are somewhere where the public is allowed to be, you aren't disrupting traffic or classes, you have a right to be there," Simon said. "The problem is when you start regulating who speaks there. The Supreme Court is very clear on you can't do that."
Universities can determine where, when and how long someone exercises their freedom of speech. But Bosco said K-State only does this with outside groups who are not affiliated with K-State. The area called the free speech zone is one of about seven locations where outside groups can exercise freedom of speech.
But K-State students, faculty and staff have no limitations, Bosco said.
"The entire campus is a free speech area. That's what a university is about," Bosco said.
Bosco said he did not know when or why people started referring to the plaza area as the "free-speech zone" because there is no specific zone for free speech.
Student Body President Zac Cook said the area does help preserve the educational environment because it gives people a place to protest away from educational buildings. He also said he never has heard anyone oppose the zone nor want to protest outside of it.
Simon said that although free speech can be practiced anywhere, the free-speech zone is ideal because of the high traffic.
"If students have the impression that's the only place they can spout off, they're wrong, but I'd still argue it's the best place to spout off."
Bosco said freedom of speech is sacred at K-State.
"That's part of the K-State spirit, and that's not going to go away," he said. "I understand there are difficulties at other campuses, but not here."
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