http://www.wnd.com/index.php?fa=PAGE.view&pageId=118731By Bob Unruh
© 2009 WorldNetDaily
State University of New York Brockport
Seven out of every 10 American colleges and universities censor speech with rules that violate the U.S Constitution, according to a new report from the Foundation for Individual Rights in Education.
The organization's 2010 report on campus speech codes reveals, despite the U.S. Constitution's assurance of freedom of speech and a multitude of court precedents establishing that includes offensive speech, that:
* At State University of New York at Brockport, e-mail with "offensive language or graphics" is banned "whether or not the receiver objects, since others may come in contact with it." Also banned is e-mail that might "inconvenience others."
* New York University bans "inappropriate jokes" as well as "insulting" or "teasing" when they are based on a legally protected status such as race or religion.
* At San Jose State, officials have banned "any form of activity, whether covert or overt, that creates a significantly uncomfortable … environment
" for dorms. Included are "verbal remarks" and "publicly telling offensive jokes."
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"It is an ongoing scandal that so many public and private colleges and universities maintain rules that so blatantly flout our Constitution and our national traditions of freedom of speech and academic freedom," said FIRE President Greg Lukianoff.
"Universities should serve as the ultimate free speech zones for our society. We are encouraged, though, that the percentage of public universities that maintain unconstitutional codes is slowly shrinking," he said.
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The organization's 2010 report said the percentage of universities with unconstitutional speech restrictions has dropped slightly over the last year. Of the 375 campuses analyzed, 71 percent still maintain "codes that grant students less freedom of speech than they enjoy off campus," the report said.
The report is called "Spotlight on Speech Codes 2010: The State of Free Speech on Our Nation's Campuses."
It notes that among the nation's most prestigious colleges and universities, the number with speech limits dropped from 77 percent to 71 percent. But at the same time, it said the percentage of private campuses that similarly restrict freedom of speech rose from 67 to 70 percent.
FIRE's fourth annual assessment of university speech codes is the most comprehensive to date. It surveys publicly available policies at schools ranked in the 100 "Best National Universities" as well as the 50 "Best Liberal Arts Colleges" from "America's Best Colleges" in U.S. News & World Report. FIRE also added reviews of another 200 major public schools during its research period ending in September.
One of the newest maneuvers by colleges to limit speech is to charge student groups "onerous and often unconstitutional security fees for bringing controversial speakers to campus."
That has happened at the University of California at Berkeley, the University of Massachusetts Amhert, the University of Colorado at Boulder, the University of Arizona and other schools in recent years.
The Arizona case was typical:
"In April 2009, the College Republicans at the University of Arizona sponsored a speech by conservative activist David Horowitz. Several days before the event, the university informed the group's president that if the College Republicans did not request two university police officers for security at the event, the event would be cancelled. The College Republicans agreed to the demand and, after the event, were billed over $300 in security costs for the officers. The university police explicitly acknowledged in an e-mail to the group that extra security – at the group's expense – would be necessary for any future events that involved 'someone who may be controversial.'"
Another case involved Lone Star College in Texas. Officials there banned the Young Conservatives of Texas from distributing a humorous brochure during "club rush," when student groups recruit new members.
There even was a threat to disband the organization, because the brochure included satirical "Gun Safety Tips." The tips included, "If your gun misfires, never look down the barrel to inspect it," and, "No matter how excited you are about buying your first gun, do not run around yelling 'I have a gun! I have a gun!'"
Another major area of concern is harassment policies. While the U.S. Supreme Court has affirmed harassment is not protected speech, it's fairly narrowly defined. Specifically, to be harassment, the action must be "so severe, pervasive and objectively offensive that it effectively bars the victim's access to an educational opportunity or benefit."
Yet at Northern Illinois University, harassment includes words or gestures that "annoy" or "embarrass" another person.
Some universities launch formal investigations over jokes that may be based on a political affiliation.
The speech limits often "likely would not survive legal challenges," the report said. FIRE's own Speech Code Litigation Project already has worked toward the demise of similar codes at Citrus College in California, Shippensburg University in Pennsylvania, SUNY-Brockport, Texas Tech, Temple University and San Francisco State.
The organization also has published a guide to university administrators seeking to correct freedom of expression violations.
"Thanks in large part to FIRE's work, the percentage of universities maintaining unconstitutional speech codes has decreased for the second year in a row, which is heartening," said Will Creeley, FIRE's director of legal and public advocacy.
"But it remains completely unacceptable that the vast majority of campuses restrict student speech, betraying the university's role as the ultimate marketplace of ideas. FIRE will work to eliminate speech codes until no unconstitutional and illiberal policies remain," he said.
The organization said it defines free speech as "speech [that] is protected by the First Amendment." That would mean exceptions carved out by the U.S. Supreme Court, such as speech that incites reasonable people to immediate violence, would not be included.
The report from FIRE is part of the nonprofit educational foundation's work to unite civil rights and civil liberties leaders, scholars, journalists and public intellectuals on behalf of individual rights, freedom of expression, academic freedom, due process and rights of conscience at colleges and universities.
Topic: 7 of 10 American colleges censor speech (Read 1042 times)