The discussions and debates that spark student learning
happen in the classroom, in student group meetings, on the quad, and basically all over campus. These
debates are important and they need to happen. The free exchange of ideas that helps
students learn can sprout spontaneously throughout the day as students live
their lives. Despite this, some campuses
have in place restrictions on where free speech can happen – limiting the free
exchange of ideas to a certain building, square, or sidewalk. Restricting speech to these small “speech
zones” contradicts the very idea behind free speech.
While it makes sense for a
university to make sure that campus activities aren’t so loud they drown out a
history seminar and that a late night protest isn’t stopping the freshmen dorms
from getting a decent nights sleep, these restrictions on speech often go far
beyond what is necessary, and in fact impede the learning process on
campus. Rather than allowing students
the opportunity to learn from each other’s speech and opinions outside the
classroom, these policies can curb learning opportunities outside of the
lecture hall.
We work with members of the campus
community to remove policies that unnecessarily limit where speech can take
place. We provide background information, legal advice, and organizing
expertise to break the speech zone barrier.
Types of Restrictions on the Time and Place of Speech
Classic Speech Zones
A
number of campuses restrict all student events—from protests to
petitioning to educational events—to one or two small areas of campus.
Often called “speech zones,” these policies almost always restrict
speech more than is necessary to stop interference with classes and
university business. By limiting where speech can happen, they impede
the ability of students to create out of classroom learning
opportunities. For example, at McNeese State University (pdf), distribution
of literature, political campaigning, public demonstrations and public
speeches are all restricted to zones of campus.
"...to assure
demonstrations do not disrupt normal campus processes and operations,
the following regulations regarding time, place and manner will apply.
Public Demonstration Zones. The following locations shall be deemed
Public Demonstration Zones: Zone A, Zone B. Organized groups may
demonstrate on campus once during each Fall, Spring, and summer session
in the assigned demonstration zone only."
Restrictions on the Time of Speech
Many
campuses also put restrictions on the times available for student
events. Often these restrictions are not necessary to stop classes
from being disrupted or to avoid excessive noise during dorm sleeping
hours. Unfortunately, they can severely limit the extracurricular
speech of students. For example, at James Madison University (pdf), sound
amplification on The Commons “is permitted only between 12 p.m. and 1
p.m. or 5 and 6 p.m. Monday – Thursday, 12 p.m. – 1 p.m. and 5 p.m. –
11 p.m. on Fridays…”
Unnecessary Red Tape for Speakers, Events, Literature
Campuses
should be encouraging students to speak and hold events on campus,
however too many campuses require long approval periods, complex
application procedures and other hurdles that can deter student leaders
from holding events and all but prohibit events and speech that respond
quickly to current events that spark student interest.
For example, Norfolk State University (pdf) requires students apply to hold an event two weeks before it is set to occur.
"Registered
student organizations, faculty, and staff desirous of using campus
facilities for university meetings and/or activities are required to
complete a General Activity Requisition Form (GARF)…The GARF should be
submitted ten (10) working days prior to the activity date to allow
processing for approval by the student organization’s advisor(s) and
University department officials."
At James Madison University (pdf),
even petitioning requires advance approval. “Students or student
organizations must obtain written approval from the coordinator of
clubs and organizations, before petitioning or surveying students.”
At
the University of Central Florida (pdf), “If the organization desiring to
schedule an event does not complete a SAFE form fifteen (15) calendar
days prior to the date of the scheduled event, the organization may be
denied use of university facilities and may not be able to conduct the
event.” Further, “Any student organization sponsoring a fundraising
campaign, contest, competition or petition must register with the
Office of Student Involvement.”