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Campus speech codes violate 1st Amendment

Published: Friday, October 2, 2009

Updated: Friday, October 2, 2009 08:10

Frank

Frank Male

"As Americans we must always remember that we all have a common enemy, an enemy that is dangerous, powerful and relentless. I refer, of course, to the federal government," Dave Barry once wrote.

This little quote — by a humor columnist, no less — placed on a door can get you censored if you go to Marquette University. Back in 2006, this happened to a graduate student named Stuart Ditsler.

Ditsler's department chair removed the Dave Barry quote from a door, calling it "patently offensive." The department chair went so far as to write, "I'm afraid that hallways and office doors are not 'free-speech zones.'"

The "free-speech zone" comment is what catches my attention. The Constitution of the U.S. clearly states "Congress shall make no law ... abridging the freedom of speech."

What gives university administrators the right to abridge the freedom of speech? Our academic institutions are supposed to be paragons of free speech, of discourse. How did this basic principle collapse?

Somewhere in the last 20 years, universities decided there was a right not to be offended. The feeling was that it would make academic discourse more civil and avoid "hostile" situations. What it did was a clear violation of the First Amendment.

K-State has its own "free-speech zone," it turns out — Bosco Student Plaza. Even there, megaphones during the day are only allowed for one hour. Free speech isn't something to shout out loud, I guess.

TheFire.org, a Web site that did its best to publicize the Marquette affair and recently posted a YouTube.com video interview of Dave Barry, gives universities a rating on their free speech.

Guess what rating K-State got?

If you chose red, then you are completely correct.

Even our little hometown university is "clearly and substantially restricting freedom of speech," according to the Web site. The university requires organizations planning "controversial" events to hire campus police officers on their own dime and bans "profane or vulgar language in a threatening or disruptive manner" and "rude or challenging behavior."

When it comes to political speech, K-State does reasonably well. There is another point in the regulations saying the Board of Regents is "committed to protection of free speech," but it goes on to say that they are "equally committed to the task of maintaining peace and safety."

I read that and wondered, "Does speech kill?" Can peace and safety be broken by mere words? If so, then why did speech codes only become popular for universities in the 1980s, long after the advent of speech?

Then there's the harassment policy for the campus. Gender harassment includes "insulting remarks, offensive graffiti, whistling at someone, cat calls, obscene jokes or humor about sex or women in general."

Really?

It gets better. "Hostile environment sexual harassment" includes "sex-related comments and gestures." If you'll forgive me, I'll quote that list in full.

"Comments or gestures with sexual content or sexual implications: Examples include sexual teasing, jokes, remarks or questions, personal questions about sexual life, kissing sounds, howling and smacking lips, simulating sexual acts, facial expressions, winking, throwing kisses or licking lips, spreading rumors or telling lies about a person's personal sex life or performance, touching oneself sexually or talking about one's sexual activity in front of others, turning discussions to sexual topics, asking about sexual fantasies, preferences or history, making sexual gestures with hands or through body movements, staring, looking a person up and down (elevator eyes)."

So, are guys even allowed to look at girls? I'm confused.

No one at K-State has had their Dave Barry quotes removed and Beth Mendenhall gets to offend the College of Agriculture once a week unfettered, but that hardly means that free speech is a guarantee on college campuses. In fact, considering the gender harassment rules, it is a bit of a wonder that the Collegian still has an Edge page allowed to "turn discussions to sexual topics."

College campuses just aren't the strongholds of free speech they once were.

-Frank Male is a senior in physics and political science. Please send comments to opinion@spub.ksu.edu.

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34 comments

Anonymous
Tue Oct 5 2010 02:41
Dumb trolls are dumb.
Your name
Wed Oct 7 2009 16:08
I don't have time to read the long posts. What do you people do all day? Why don't you all get a part-time job with your extra time and donate all of your earnings to the K-State Cycling Club!!!
Live Free or Die
Wed Oct 7 2009 11:24
Your are correct, shove it. The University and its attack dogs in the Affirmative Action Office use these policies to get rid of people who complain about their corruption. Sneaky folks, eh? K-State uses the Soviet model of higher education in its dealing with students and professors who do not wave the red banner.
Your name
Wed Oct 7 2009 03:56
So much stupid in this thread...
Your name
Wed Oct 7 2009 02:59
ok. 'two-point you name' i feel pretty much upset by what you have said. can i accuse you of harassment? When Joe wefald told girls to come to his mansion and 'have a good time,' is that a warm invitation or harassment? Don't call it a policy when you need it and call it 'harassment' when it is against your favor. Come on. admit it, ' two-point.' I know it is on the tip of your tongue. What's that word that you will best describe yourself? v-----i-----l------l------a-----g------e----r.
Your name
Wed Oct 7 2009 02:53
ok. 'two-point you name' i feel pretty much upset by what you have said. can i accuse you of harassment? When Joe wefald told girls to come to his mansion and 'have a good time,' is that warm invitation or harassment? Don't call it a policy when you need it and call it 'harassment' when it is against your favor. Come on. admit it, ' two-point.' I know it is on the tip of your tongue. What's that word that you will best describe yourself? v-----i-----l------l------a-----g------e----r.
Your name
Wed Oct 7 2009 02:47
shove it off guys. you know when a schools brings up 'harassment' case against you, it probably wants you dead. And when a school wants its stuents dead, anyone would wonder why it is still open as an academic institution.
Jon Tveite
Tue Oct 6 2009 13:06
"Wise Latina": Thanks for your concern about my health and well-being.

I don't know why you felt it necessary to bring those things up, because they are irrelevant, and you don't know anything about me. I don't know if you really believe everything you wrote, or you are just frustrated and falling back on the dysfunctional style of communication that passes for discourse in this country. I'm not angry -- just kind of sad that Americans seem so unable to have a decent conversation anymore without accusing each other of ridiculous things or invoking cartoonish stereotypes or speculating on people's emotional states.

This kind of pre-cooked ideological animosity that people have for each other -- and for new ideas in general -- is, in my opinion, a much greater threat to our political system than the policies (or their enforcement) at K-State. Suggesting that K-State is like 1984 only proves that you either haven't read or you don't understand Orwell's book. But then you didn't do a great job of reading my comment, either. So I hope you'll take what I've said to heart and take a chance on opening your mind to new ways of thinking. You can always go back to your old ones if you find them too scary.

Wise Latina to Jon
Tue Oct 6 2009 11:53
Jon. My intention was not to raise your blood pressure. You are obviously upset and suffering from some kind of hypertension. If you want to be a liberal that is OK. I am just trying to show you that all is not well at KSU and the main problem can be attributed to SOME of our corrupt administrators who pander to SOME of our left-wing profs. They are destroying the school. I am sorry I cannot name names in this forum. I am sure you know that if they find out who you are the will sue you into the stone age. Deans and Provosts and Vice Provosts have a lot more money than you or I ever will and they will win in a court of law. Especially considering that K-State is one of the largest employers in Kansas. I would also like to ask that you refrain from calling all conservatives bigoted imbeciles who get all their information from FOX news. This is going to be my last response to you, Jon, you need to take a harder look at what is going on at our school and read ‘1984'. You’re a smart guy and I am sure you will figure it out.
Jon Tveite
Tue Oct 6 2009 10:43
Y'all are proving my point.

I ask you to support your claims, or even just stop relying on "liberal" this or that, and you can't do it: you up the ante and accuse me of being part of the problem you are whining about. I ask for debate and get told "Liberals hate debate". I have not said anything that reveals my political beliefs. I have just tried to question what I see as dubious claims. That's not censorship: that's how debate works. Slinging a load of meaningless labels adds nothing to the discourse.

You have a right to say what you want, but not to be taken seriously when you refuse to make serious arguments. If you really think there is some kind of left-wing junta at K-State tracking down people who are insufficiently liberal, you are seriously deluded (saying you're afraid to talk about it is a cop-out). I can't speak to the actions of every single faculty member on campus, but I know from personal experience that students often have a hard time distinguishing between legitimate criticism of poorly thought-out ideas and ideological persecution.

For the most part, teachers just want to see you grappling with the ideas in class, instead of quoting the Bible or spouting a bunch of soundbites from one radio host or another. Just show them that you understand what you are opposed to. They don't want to change your beliefs -- and even if they did, nobody can do that without your consent. They are trying to teach you how to think on a different level -- not WHAT to think. If you expect a university to merely reinforce all the beliefs you came to college with, then you really don't understand what higher education means.

Ben Frankly
Tue Oct 6 2009 00:45
Liberals love free speech for themselves only.

Conservatives are even allowed to complete a sentence without being interrupted.

Your name
Mon Oct 5 2009 18:27
Except for liberal universities, America is a free speech zone. Liberals hate debate, Liberals are happy face fascists, just look how they run K-State. Oops, make that incompentent happy face fascists. They'll always have money for propaganda under the guise of "studies" departments. But, they just don't have enough money to ensure students have a dorm room to sleep in.
Put up or shut up
Mon Oct 5 2009 14:25
Okay. You don't believe me? Fine. Find out for yourself. Go take a women’s studies or social work course at K-State and tell the prof you are a Republican or in the military and see what happens. Look up on the internet what Dean Steven White of Kansas State did to the newspaper staff a few years back. Why do we have to 'report' our race and gender to Affirmative Action when we apply to K-State's workers paradise? Ever hear of the Duke Rape Case? Just forget it. You don't want to hear the truth, so go live in your liberal la la land. They have probably tracked me down by now, so thanks for ruining my life! Say hi to Jon for me.
Your name
Mon Oct 5 2009 14:17
Alumna,

Ever hear of Prof. Ron Johnson? Wake up and buy a clue.

Alumna
Mon Oct 5 2009 13:38
What evidence is there of a "liberal persecution?" To put it crudely, put up or shut up.
Dear Jon Again
Mon Oct 5 2009 11:42
You are obviously a very intelligent man, but naive. The reason I (and others) do not put our real names on our comments should be indicative of the evidence of liberal persecution you are looking for. If I touted the party line as you do, I would have nothing to fear from the liberal elites that run K-State. It is a common fact that our liberal masters will look you up and charge you with “hate speech”, “sexual harassment”, or “creating a hostile work environment” if you do not agree with them. Look what Dean Steven White did. You will not be able to find a job and probably be kicked out of school if you do not preach the social gospel. They have tremendous power and influence and run that school. You obviously had a good time at K-State, but you need to really look at who is in charge. Who gets tenure? Just trying to help. Guess I am wasting my time.
Jon Tveite
Mon Oct 5 2009 10:11
Okay...

I've seen a lot of whining about communism, fascism, feminism, and liberal this-or-that, but no hard evidence of it in these comments. Nor do I see any evidence that the people using these terms really know what they mean. Is this the kind speech people think K-State needs more of?

Argue your case, if you have one. The main faculty "bias" on college campuses is that they actually expect you to give logical reasons for what you believe (how unfair!).

While K-State is hardly a bastion of left-wing orthodoxy, I was not defending the "free speech zone" policy or suggesting that K-State's speech is as free as it should be. For example, have we ever had a free and honest debate about the pro's and con's of the NBAF facility? No, we haven't. The administration jumped on that bandwagon early on, and there's been little dissent tolerated since then.

I was just trying to suggest to you that the climate for speech is not as bad as the column made it seem. Remember: you only have free speech to the extent that you are able and willing to use it. But some people would obviously rather spout a bunch of liberal-boogieman blather about how repressive K-State is.

And if you believe in free speech, you should be willing to sign your actual name to these comments. Exercising free speech means being accountable for what you say.

Your name
Mon Oct 5 2009 09:04
is the 'two-point your name' guy a school employee? it is not david allen, is it?
Maxwell Jones
Mon Oct 5 2009 01:35
I think the fault comes from all sides actually. The ways things are presented often are stated as fact, when in fact they are opinion. Failing to present your idea as opinion, without logical basis often catches people the wrong way. I'm not a vegetarian, but I've eaten meat substitute foods to see what they tasted like, and how they really do compare. I generally vote Republican, but if the Democrats have a better option for the country, I'd vote for them, or libertarian, etc. It's when we try and classify people into groups that we start to loose sight of the method of idea conveyance.

You can't make everyone happy, not everyone will agree with you, sometimes it's good to look at another perspective, and at times; no one knows what the heck is going on.

Che
Sun Oct 4 2009 12:28
By the way, if you get in trouble with Affirmative Action or the PC Gestapo, get an out of town attorney.






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