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Valdosta State: Silence on Free Speech Zone
Here at 果冻传媒app官方, we鈥檝e been checking the mail twice a day, making sure our phone lines are open and sending out test faxes, but everything seems to be in working order.
That means there鈥檚 absolutely no excuse for Valdosta State University鈥檚 (VSU鈥檚) continuing silence regarding our concerns about the school鈥檚 blatantly unconstitutional free speech zone. In our November 30 letter to VSU President Ronald M. Zaccari, we outlined the extensive constitutional infirmities contained in VSU鈥檚 鈥,鈥 which limit student expression to a tiny portion of VSU鈥檚 campus for just two hours a day. Specifically, FIREwrote:
VSU鈥檚 Free Expression Area Guidelines are riddled with constitutional deficiencies; indeed, the policy is in direct conflict with VSU鈥檚 legal and moral obligation as a public institution of higher learning to uphold the First Amendment.
First, VSU鈥檚 requirement of advanced reservations for all 鈥淸p]ersons wishing to speak on campus鈥 impermissibly burdens the exercise of free speech on campus. VSU鈥檚 reservation policy effectively requires that all free expression occurring on campus be explicitly registered and reserved at least two days prior. The operation of such a reservation system is patently incompatible with the First Amendment rights of VSU students and faculty. Expressive activity often involves spontaneous responses to unfolding events; to require prior reservations for all campus speech is to suppress free and open discourse on campus.
Second, VSU cannot lawfully quarantine free expression to just one area of the school鈥檚 168-acre campus鈥攕pecifically, a single stage located on the Palms Quadrangle on VSU鈥檚 Main Campus. (It would seem that VSU students hoping to engage in free expression on the school鈥檚 North Campus鈥攚hich, at 83 acres, is roughly the same size as the Main Campus鈥攁re simply out of luck.) Even if this stage comprised a full acre, it would still account for less than 1% of VSU鈥檚 total campus. To impose such a stark restriction on the free expression of VSU鈥檚 more than 11,000 students demonstrates a brazen contempt for the indisputable importance of free expression to a modern liberal education.
Third, VSU cannot constitutionally limit free expression on campus to a mere two hours per day. Enforcing such an arbitrary and restrictive prohibition makes a mockery of VSU鈥檚 stated mission to 鈥淸e]xpand the boundaries of current knowledge, and explore the practical applications of that knowledge, through excellence in scholarship and creative endeavors.鈥
After providing guidelines to assist VSU in promulgating new speech policies consistent with the First Amendment, FIREasked for a response by December 19, 2007.
So far, we鈥檝e heard nothing.
It鈥檚 easy to understand why FIREis probably not President Zaccari鈥檚 favorite correspondent as of late. After all, since VSU expelled student T. Hayden Barnes last May for engaging in protected speech, we鈥檝e been shining a bright light on Zaccari鈥檚 sorry record on student liberty by naming VSU to 果冻传媒app官方鈥檚 Red Alert list, an embarrassing dishonor reserved solely for those schools displaying 鈥渟evere and ongoing disregard鈥 for student rights.
That said, FIREcontinues to await VSU鈥檚 response. Courts have consistently held that unconstitutional free speech zones like the one at VSU just don鈥檛 come close to passing constitutional muster. VSU should realize that unilaterally dismantling their free speech zone now is the best way to ensure that a federal judge doesn鈥檛 force them to do so later.
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