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Speech Code of the Month: Colorado Mesa University
FIRE announces its Speech Code of the Month for April 2014: Colorado Mesa University.
Colorado Mesa鈥檚 policy on 鈥淔ree Speech鈥 (PDF) provides:
In an effort to support the rights of students and others, a Free Speech Zone has been designated within the perimeter of the University. The concrete patio adjacent to the west door of the University Center has been designated the Free Speech Zone. The location is a central pedestrian thoroughfare for daily campus life and easy access to classroom, residential, and activity centers on campus.
Wow, a whole concrete patio just for expressive activity? Thanks, Colorado Mesa! I鈥檓 sure that is more than enough space to accommodate the free-speech needs of the university鈥檚 approximately 9,500 students. That is almost as generous as the legendary 鈥渇ree speech gazebo鈥 that used to exist at Texas Tech University before the institution was sued and a federal court ordered Texas Tech to open up a much greater portion of its campus to student expressive activity.
While Colorado Mesa鈥檚 policy refers to the university鈥檚 right to enact 鈥渢ime, place, and manner鈥 restrictions, that right鈥攁s someone in the university administration really should know鈥攊s far from absolute. It certainly does not include the right to limit the expressive activities of nearly 10,000 students to one 鈥渃oncrete patio鈥 on an . While universities may establish 鈥渞easonable鈥 time, place and manner restrictions (see Ward v. Rock Against Racism, 491 U.S. 781 (1989)), the case law makes abundantly clear that policies like this one, at least with regard to members of the university community, are not reasonable. Time and again, courts have determined that to be considered legal, 鈥渢ime, place and manner鈥 restrictions must be reasonable and 鈥渘arrowly tailored鈥 to serve a significant governmental interest, leaving open ample alternative channels for communication. Limiting students鈥 expressive activities to one small free speech zone on campus does not nearly meet this standard.
Free speech zone policies have been struck down by federal courts, or voluntarily revised by universities in order to settle or avoid First Amendment lawsuits, at numerous colleges and universities around the country, including Modesto Junior College, the University of Cincinnati, and Texas Tech University. Like these other policies, Colorado Mesa鈥檚 policy violates the university鈥檚 moral and legal obligations, as a public university, to uphold its students鈥 First Amendment rights. The university should revise it immediately.
For these reasons, Colorado Mesa University is our April 2014 Speech Code of the Month. If you believe that your college鈥檚 or university鈥檚 policy should be a Speech Code of the Month, please email speechcodes@thefire.org with a link to the policy and a brief description of why you think attention should be drawn to this code. If you are a current college student or faculty member interested in free speech, consider joining 果冻传媒app官方鈥檚 Student Network, an organization of college faculty members and students dedicated to advancing individual liberties on their campuses.
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- Faculty Rights
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- Texas Tech University
- University of Cincinnati
- Modesto Junior College
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