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The Trouble with Free Speech Zones
The that Charles discusses below highlights the controversy over many public universities鈥 鈥渇ree speech zone鈥 policies 鈥 policies that limit free speech to specific, and often tiny, areas of campus. FIREPresident David French is quoted as saying that free speech zone policies are 鈥渧ery common鈥 鈥 鈥淸i]t鈥檚 gotten to the point where if I鈥檓 looking at a policy and I don鈥檛 see free-speech zones, I鈥檓 shocked.鈥
Universities often try to justify restrictive free speech zones by arguing that they are 鈥渞easonable time, place, and manner鈥 regulations that are permissible under First Amendment law. However, free speech zone policies like the one that Seminole Community College is now reconsidering after 果冻传媒app官方鈥檚 involvement, which limit free speech to a small and remote area of campus, are likely unconstitutional. To constitute a valid time, place, and manner regulation, a regulation must be 鈥渏ustified without reference to the content of the regulated speech,鈥 must be 鈥渘arrowly tailored to serve a significant governmental interest,鈥 and must 鈥渓eave open ample alternative channels for communication of the information.鈥 Most university free speech zone policies are none of the above. As FIREstated in a 2002 letter to West Virginia University regarding its 鈥渇ree speech zone鈥 policy, 鈥淸w]e assure you that there is nothing 鈥榬easonable鈥 about transforming ninety-nine percent of your University鈥檚 property鈥攊ndeed, public property鈥攊nto 鈥楥ensorship Zones.鈥欌
FIRE have successfully fought back against these restrictive free speech zones: after students from Texas Tech University (TTU) contacted FIREregarding the University鈥檚 free speech zone policy, FIREwrote to TTU, which quickly expanded its 鈥渇ree speech zone鈥 from one 20-foot diameter gazebo on campus to include acres of additional free speech zones. (Other aspects of TTU鈥檚 speech code were later struck down in a lawsuit against the school).
FIRE believes that universities themselves are the ultimate free speech zones, and will continue to fight these restrictive policies in order to protect students鈥 precious right to free expression.
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