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Freedom of Expression

A Guide for Professionals in Higher Education
by

Sarah Horrax

on 14 June 2013

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Transcript of Freedom of Expression

Student Protest & Demonstrations
Your Rights:
Description
U.S. Const., amend. 1 grants the freedoms of religion, speech, press, and assembly and protection from government intrusion.
Today these rights continue to be important today as we exercise the freedom of speech, press, religion, and freedom from governmental intrusion.
Freedom of Expression
Student Press
Relevant Examples
A Students' Rights
Freedom of Expression
A Comprehensive Guide in Higher Education
Bridget DeJong, Charlotte Etier, Sarah Horrax
Freedom of Expression
Religion
Press & Assembly
Prior Restraint
Forum's, Leaflets, etc
What are your rights
at CCSU?

U.S. Const., amend. 1, § 5
U.S. Const., amend. 1, § 6
U.S. Const., amend. 1, § 6
U.S. Const., amend. 1, § 20
How would your rights be different if you transferred to a private institution?
Only apply to public institutions
Private institutions should be aware of:
State statutes
Constitutional provisions
Student communication via posters & leaflets
U.S. Const., amend. 1, § 6
U.S. Const., amend. 1, § 20
CCSU Student Handbook:
Policy Resolution on Campus Freedom and Order
Disruption:
Not group of students may take over buildings, disrupt, forcibly interfere with the workings of this University, or infringe upon the rights of others.
Order must be maintained on campus to assure that the goals expressed can be achieved.
CCSU Guidelines:
Those Protesting: Rights of individuals and groups in the Universities to assemble, to dissent, to picket, and to demonstrate on the University campuses within the limits of administrative guidelines or regulations
Those Not Protesting: Right of all individuals and groups at all times to pursue their normal activities within the Universities and to be protected from physical injury or property damage.
This participating in the protest:
Disrupting the orderly conduct of instruction
Occupying without authorization any building or facility or portion thereof
Damaging or destroying property without authorization;
Possession of firearms or any other dangerous weapons on University premises
Failing to comply with directions of University officials
This not participating in the protest:
Interfering with the freedom of any person to express his or her views, including invited speakers
Physically restraining or detaining any person or removing such person from any place where he or she is authorized or otherwise free to remain
What gives you these rights
Relevant Cases
Tinker v. Des Moines Independent Community Sch. District, 1969
Black arm bands to protest Vietnam War
State v. Colby, VT 28 317-376
Disrupting a Protest
CCSU Allowed: Was It Right?
Student Organizations
cc
Establishment
Clause
Establishment of religion
Prohibiting the free exercise thereof
Abridging the freedom of speech, or of the press
Right of people to peaceably assemble
Right to petition the government for a redress of grievances.
Healy v. James
Took place at CCSU
“Right of individuals to associate to further their personal beliefs”
Denial of official recognition of college organizations, must be justified or else the right to associate has been violated
CCSU Student Handbook:
Poster and Advertising Policy
Gaining Recognition =
Student Affairs Committee
Posting Flyers on Campus:
Student Center/Other Official Bulletin Boards
Prior Approval
Residence Hall Flyers
Campus events, student organization or University sponsored, will be listed on-line
Advertising can also be arranged with the student newspaper and student radio
Outside Organizations:
No outside organization shall place posters on campus without permission from the Chief Administrative Officer.
Student Affairs
Committee
Faculty Committee that reports to Faculty Senate

Share new co-curricular interests of students

Provides a forum through which Student Affairs may consult and inform faculty on student life areas, policy, and procedures.

Gain faculty perspective and enhance faculty knowledge of student life initiatives and services.

Advises the President regarding the establishment and recognition of student organizations.
Your Rights:
U.S. Const., amend. 1, § 9: Doctrine of Prior Restraint
U.S. Const., amend. 1, § 20: Freedoms Regarding: Leaflets, and Public Forum, Quasi-Public Places
Membership
Four faculty members

Four student members

The Vice President for Student Affairs, ex officio.

The Committee shall organize itself during September of each year electing a faculty member as its chairperson.
CCSU Restrictions
Posting Notices
Individuals may not exercise personal freedoms in ways that invade or violate the rights of others
Acts of violence and harassment reflecting bias or intolerance of race, religion, gender, sexual orientation, disability, and ethnic or cultural origins are unacceptable
Organization Requirements
In the Student Handbook
Constitution
Extramural Affiliation
Mission Statement
Criteria for membership
Associate membership
Rules of procedure
List of Officers
Full time Faculty Advisor
Perks of Formal
Recognition
Use of campus facilities
Access to student funds
Use University name
Student Fee
Allocation
State of Connecticut Attorney General’s Office of Section 4-25 of the General Statutes
Student Activities Fee
Student Government Association
Rules
Open membership *
Full-time matriculated undergraduate
Associate membership
To use facilities
Inform of general purpose
Reasonable conditions may be imposed
Preference to audience of university community
Abuse of facilities at expense of organization
More Rules
Contracting services
Planning of Off Campus social event
Financial Accountability
Annual Reports
Training
Organization
Categories
Active
Inactive
Defunct
Greek Life
Fraternities & Sororities
May not discriminate
May not be sexually abusive
No hazing
Separate process than other clubs
Not funded by Student Government
University's
Control
If the (public) University has created the medium (print, radio, TV etc) than the First Amendment greatly limits how much control they have over it
This includes limits such as:
Confiscating copies of publications
Requiring prior review
Removing objectionable material
Limiting circulation
Suspending editors
Withdrawing or reducing financial support
Source: Student Press Law Center(SPLC)
Distribution of Materials
CCSU Solicitation Policy
Reserving space on campus for
Distribution materials
Sharing of Ideas
The University does not permit solicitation of any nature on campus
Who does Freedom
of Press Apply to?
Newspaper-
The Recorder
Radio-
WFCS
Amendment:
U.S. Const. art. I, § 4.: Freedom of Press
First Amendment protects virtually all limits that can be places on student press
Student press is protected similarly to a professional newspaper
Illegal Limits on Student Press
What are Universities
looking out for?
Hate Speech
Obscenity
Libel
Defamation
Current Policy
Source: Media Board- CCSU
Freedom of Speech Rights Violated at CCSU
Husain v. Springer
Central Connecticut State Responds to Offensive Newspaper Article
1.2 The editorial freedom of the student editors and managers entails corollary responsibilities to be governed by the canons of responsible journalism, such as the avoidance of libel, indecency, undocumented allegations, attacks on personal integrity, and the techniques of harassment and innuendo.
a. Student publications and student media shall be free of censorship and advance approval of copy. Its editors and managers shall be free to develop their own editorial policies and news coverage.
b. Editors and managers of student publications and student media shall be protected from arbitrary suspension and removal because of student, faculty, administrative, or public disapproval of editorial policy and content.
Student Press Issue
How do Student Affairs professional protect student newspapers' First Amendment rights while still serving a student body that may not agree with actions or message of the newspaper?
Indecency
Undocumented Allegations
Cases
Was it right?
Prohibited Actions
What gives you these rights
Relevant Cases
Giebel v. Sylvester, 308 U.S. 147, 162(1939)
Recommendations
Make finding the current policy for student press easily accessible
Run sessions informing students about what freedom of press means
Source: CCSU Student Handbook
Source: CCSU Student Handbook
Source: CCSU Student Handbook
Source: Kaplin, W. A., & Lee, B. A. (2007). The law of higher education. (4th ed.). Jossey-Bass.
Source: The Hartford Courant
Source: CCSU Student Handbook
Source: CCSU Student Handbook
Source: CCSU Office of Institutional Advancement
Source: Kaplin, W. A., & Lee, B. A. (2007). The law of higher education. (4th ed.). Jossey-Bass.
Source: CCSU Student Center
Source: CCSU Student Center
Board of Regents of the Univ of Wisconsin System v. Southworth
What do you think?
The Gentlemen's Club
Newspapers are normally public forum
Consequences of Violating 1st Amend Rights
Students who engage in conduct that violates the CCSU Code of Conduct, may also be subject to disciplinary action.
Students can be charged with:
Violation of Code of Conduct
Violation of Law
Volition of Code can include formal complaint
Students are given due process
Required for a public institution
Source: CCSU Student Handbook
Full transcript