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State comptroller report about Sex Week at the University of Tennessee raises serious First Amendment questions

FIRE has written about Sex Week at the University of Tennessee at Knoxville since 2013 because the event has been a lightning rod for censorship attempts. Unfortunately, it still is 鈥 and now, the state legislature鈥檚 zeal to shut down Sex Week may silence many more student voices, too.       

Yesterday, the state comptroller released a on Sex Week at a state Senate Education Committee hearing. The report, which faults students for their criticism of the university鈥檚 administration and failure to 鈥渢one down鈥 the event, includes 14 suggested policy recommendations for the university to consider. The comptroller correctly warns that some of the recommended policy changes 鈥渕ay have potential legal implications.鈥 That鈥檚 an understatement, given that one recommendation involves shutting down student organization funding altogether.

In , UT鈥檚 Interim President Randy Boyd and Interim Chancellor Wayne T. Davis threw student organizations under the bus. 鈥淲hile we want to support students, we also recognize that 鈥楽ex Week鈥 has caused frustration and embarrassment for legislators, alumni, many Tennessee citizens, and for us as administrators at UT,鈥 Boyd and Davis wrote, 鈥渁nd we and the Board are committed to rectifying this.鈥

Boyd and Davis promised to immediately implement several of the suggested policy proposals, including the suggestion that UT 鈥渃ease future allocations of funds directly to registered student organizations and eliminate the Student Programming Allocation Committee.鈥

Boyd and Davis鈥 decision to stop funding student organizations raises serious First Amendment concerns. Ending student group funding will silence a multitude of student voices on campus simply because members of Tennessee鈥檚 legislature disapprove of the message of one student organization. Depressingly, the university traded its prior defense of students鈥 expressive rights for unquestioning obedience to state legislators 鈥 and it doesn鈥檛 appear to have any plan to replace its current system. UT鈥檚 careening, leap-before-you-look gambit was implemented solely to prevent the predictable, perennial criticism of state legislators in advance of this year鈥檚 Sex Week. UT has sacrificed a constitutional funding mechanism in favor of political expediency.

The student organizers of Sex Week, the Sexual Empowerment and Awareness at Tennessee, released a statement:

FIRE continues to monitor this situation closely and will update our readers as we learn more.

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