Protecting free speech: House bill would protect students’ First Amendment rights on campus – Richmond Register

The following might be offensive to some.

But that's okay, according to Rep. Wesley Morgan, R-Richmond. It's free speech and protected by the First Amendment of our nation's constitution.

A right, he said, that is being infringed upon on many of Kentucky's college campuses.

Morgan is trying to change that with Kentucky House Bill 127, or the Campus Free Expression (CAFE) Act, which will prohibit publicly-funded universities and colleges from restricting a student's right to free expression.

"I filed the bill because I believe in it, whole-heartedly," Morgan said. "You need to have the freedom of speech on college campuses. Students shouldn't be restricted to a circle 50 feet from the sidewalk."

Morgan said many state universities have policies that restrict student's First Amendment rights by forcing them into so-called "free speech zones."

The representative said these zones are often small areas hidden away from public view.

The CAFE Act will prohibit schools from imposing those types of zones, and defines any "outdoor areas of an institution's campus" as "traditional public forums."

"Students should have the right to express themselves in an open space and have the opportunity to have people listen to what they have to say," Morgan said. "It's a matter of fairness. Students have a right and it should be protected. There are public institutions of higher education that are not allowing students the right to have an open dialogue. You don't want that to continue in the state."

Kentucky House Bill 127 states clearly colleges "shall not restrict the right to free expression." In line with the Constitution, colleges can only place "reasonable" restrictions on the "time, place, and manner" of student expression. Even still, these restrictions must be "narrowly tailored... based on published, content-neutral, and viewpoint-neutral criteria... [and must] provide for ample alternative means of expression."

Inspired by Morgan's efforts to protect students' rights, Eastern Kentucky University's student government association (SGA) passed a bill endorsing HB 127 and encouraging other student governments across the state to do the same.

Sebastian Torres, EKU SGA executive vice president, said the bill passed unanimously and the organization has been working closely with Morgan and others to educate universities about the bill.

"It is a real issue on Kentucky campuses that needs to be addressed," Torres said of the fight to keep free speech. "It's not just Kentucky that has these policies that restrict students' First Amendment rights. At a university in Indiana, a group of students were arrested for passing out copies of the Constitution. This is real and it's happening."

In fact, on a recent trip to Murray State University, Torres said he and other SGA members had difficulty locating the campus' free-speech zone. After a search of the grounds, the students were directed to a small cement circle tucked away out of sight. Torres added students have to apply for a chance to speak in the zone and applications can be denied.

The EKU student said limiting an open exchange of ideas to a certain area on a college campus was "ridiculous" and goes against not only a right protected by the Constitution, but also the nature of higher education.

"Students come here to learn and grow and expand their ideas. We are trying to educate a workforce at this university and create productive citizens, but college is also a chance to have your ideas challenged and see if they stand up against facts," Torres said. "If it doesn't happen on a college campus, where do we expect it to happen."

Torres said you don't have to agree with everything said and you don't have to listen if you don't want to. He added free speech can be uncomfortable for some, but that doesn't mean it shouldn't be said.

Torres said EKU's student government felt it was especially important to support Morgan's bill, due to the fact that EKU is the first "green light" school in the state.

The university earned that distinction from the Foundation for Individual Rights in Education (FIRE), which awards institutions of higher learning with a green, yellow or red categorization based on the constitutionality of speech policies.

In 2012, the university worked with FIRE attorneys to bring the campus into compliance with the Constitution and make the campus more First Amendment friendly.

Some of the important steps taken by the university included modifying vague wording in the student handbook and policies.

One example was the phrase in the student handbook that stated students should not "engage in a course of conduct intended to harass, seriously annoy and alarm another person." FIRE suggested the university amend the phrase "seriously annoy," as it goes against the First Amendment to regulate student speech in that manner.

Another part of the handbook read: "No one should either offend the wider community or infringe upon the rights and privileges of others."

"Sometimes people might find what you say offensive," Torres said. "However, I think what is becoming prevalent in today's society is the idea that if they find it offensive or uncomfortable then it should be stopped. That's infringing on free speech.

"Why should certain kind of speakers be banned from campus. That shouldn't be allowed, especially if a student group is sponsoring that speaker. Those that don't agree with the speaker don't have to listen to the lecture or they can bring in their own speaker who has a different viewpoint."

Another reason Torres said the SGA is promoting the bill is the fact that while the CAFE act protects students it also will protect universities. He said with budget crunches, it is not a good time for universities to get sued because it didn't have the forethought to not infringe on a student's right to free speech.

Torres said he hopes that other universities step-up and make their campus' more First Amendment friendly, but unfortunately that doesn't seem to be happening.

"I wish that universities and colleges would do it on their own, but that is why it is so important for the state house to step in and go ahead and do it for them," he said. "Our SGA feels that this is an important issue for students and we feel compelled to let our legislators know that we are invested in our First Amendment right. I'm very proud of the SGA for endorsing this and we encourage every other student government to jump on the bandwagon."

Both Morgan and Torres said the new bill does not do away with university protections against hate speech, harassment or incitement of violence.

The CAFE Act provides universities with the ability to enforce certain restrictions on acts of free speech in an outdoor area of campus regarding reasonable time, place and manner. The bill makes it very clear these restrictions must have a clear, defendable basis, Torres said.

Torres said in no way does the bill encourage or enable hate speech and harassment by promoting the right of free speech for students.

"You are protected from any kind of violence or mistreatment," he said. "That doesn't mean you are protected against different ideas, views, cultures or opinions that you might not like."

Reach Ricki Barker at 624-6611 or follow her on Twitter @RickiBReports.

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Protecting free speech: House bill would protect students' First Amendment rights on campus - Richmond Register