The fallacy of free speech zones

In the weeks leading up to fall break, the Progress observed the stage being set for the prizefight of the century."In this corner, weighing in at approximately 16,000 potential voices, we have members of Eastern's student body who feel their first amendment rights are being trampled by a particular university policy."

"Backed by free speech support groups like the Foundation for Individual Rights in Education (FIRE) and united by a single cause despite political differences, students appeared ready to stand up and echo Patrick Henry: 'Give me liberty, or give me death!'"

(Insert raucous applause here.)

"And in this corner, weighing in at approximately 560-acres and wearing maroon, we have the juggernaut that is Eastern Kentucky University."

"Viewed by some as a faceless collection of powers-that-be, the university's rules and policies are under constant scrutiny from both the student body and a certain student publication that shall remain unnamed."

"Ladies and gentlemen, it appears the student body will no longer tolerate the inhibition of free speech on campus and its limitation to "free speech areas." But the university will defend itself, respond accordingly and will not budge without a fight."

"L-L-L-LET'S GET READY TO RUMBLLLLLLLLLLE!"

This is the part where the crowd goes wild.

But maybe we should all just hang on a second - because maybe this is all just a big misunderstanding.

Before the unstoppable force goes slamming into the immovable object, let's get the facts straight and see if we can't diffuse the situation a bit.

On Sept. 28, EKU Police confronted a small group of students protesting Rep. Ben Chandler's visit to Eastern. The group was protesting beside the Daniel Boone statue near the Keen Johnson Building, and was told by police their protest was in violation of university policy. Threatened with arrest and given no alternatives, the group was understandably upset.

The policy they were supposedly in violation of has a mouthful of a name (of course): It's called the "Use of Free Speech Areas and Literature Distribution Agreement For External Individuals and Organizations" policy. It can be found online and is located under the jurisdiction of something called the Office of Student Development.

In brief, the policy designates areas of Powell Plaza and areas of the Ravine as "free speech areas." These are the areas available for rallies, protests and other events that are to be held on campus.

The problem is that the policy suggests the rest of campus (like, say, the area beside the Daniel Boone statue near the Keen Johnson Building) is off-limits: a clear violation of students' first amendment rights.

But before we get too hung up on what the policy actually says, let's revisit the cumbersome, albeit appropriate, name of the policy.

The key is the second half of the name, "For External Individuals and Organizations."

That phrase suggests the policy is not meant to be applied to university students (hence the "external" part), and nothing in the policy states it does.

So what does that mean?

It means EKU Police goofed when they confronted the student protesters.

To be fair, housing the policy in the Office of Student Development doesn't help. It sure sounds like it should apply to students.

But a signed letter from Eastern President Doug Whitlock delivered Oct. 8 states the events were "an unfortunate, attempted misapplication of a university policy."

That's the closest thing to a university apology you may ever see, and in fact, Whitlock met personally with the affected students soon after the event to apologize and explain the misunderstanding.

The letter continues to state the policy was "not designed or intended to apply to EKU students, faculty or staff. The fact of the matter is that we do not have restrictive free speech zones that apply to students, faculty or staff."

Hooray!

Case closed, right?

Well, not exactly. What is it about this policy that has everyone so upset in the first place?

As stated before, the policy limits protests and assemblies of non-students and non-student groups (important detail) to two areas of campus, and also limits their demonstrations to regular university business hours (8 a.m. to 4:30 p.m.).

Why? According to Whitlock, it's designed "to prevent off-campus groups and off-campus individuals from disrupting the instructional program and conduct of business at the university."

The policy is a "time, place, and manner" restriction on free speech. These restrictions, when challenged by courts, must be proven to be content-neutral and narrowly tailored to serve significant governmental interest, such as preserving park property or keeping streets clean, in order to be constitutional.

The university isn't shutting down assemblies based on which group it is or what they have to say, and preserving the academic effectiveness of the university seems like a reasonable end here.

Students have paid to attend Eastern and receive an education, and that education would be clearly interrupted if an outside protest group began clamoring just outside their classroom window on campus, or better yet, inside a classroom building.

With no policy creating "free speech zones" for students, does that mean students are free to do that?

Maybe, but we can hope they wouldn't want to.

That's because for all the talk about college being a haven for new experiences and ideas, college is supposed to focus on some concrete things as well - like time inside classrooms and concepts learned from lectures and class discussions. Those are new experiences and ideas, too, and for as much as we're paying in tuition, they deserve to be protected at Eastern.