The fallacy of free speech zones
Issue date: 10/15/09 Section: Perspective
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."
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."
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