Campus free speech politics settles in North Carolina – Greenville Daily Reflector

After a controversial year at ECU in which strong public expressions at both ends of the spectrum drew protests, the university and every other in the North Carolina system received clear instructions this week from the state Legislature on their responsibilities to protect free speech and expression on public campuses.

The N.C. General Assembly enacted into law the Restore Campus Free Speech Act, also known as House Bill 527,written by Republican Lt. Gov. Dan Forest. The bill had been returned July 31 unsigned by Democratic Gov. Roy Cooper.

LaQuon Rogers, ECU Student Government Association president, said the university had been acknowledging everyones right to free speech before HB 527 became law.

We recently have looked at our procedures and policies in terms of how we handle free speech (on campus), Rogers said. We made some adjustments in those areas that resulted in the campus being green-lighted as a free-speech campus. This legislation is coming at a time when we see differences of opinions in academic settings and people are expressing themselves.

Rogers was referring to the Green Light rating ECU received from the Foundation for Individual Rights in Education (FIRE) after changing four campus policies to meet the groups First Amendment standards. That recognition was given the same week that the Legislature sent HB 527 to Cooper.

Essential portions of the new state law require the Board of Governors of The University of North Carolina develop and adopt apolicy on free expression that states, at least, the following:

The primary function of each constituent institution is the discovery,improvement, transmission and dissemination of knowledge by means ofresearch, teaching, discussion, and debate.To fulfill this function, theconstituent institution must strive to ensure the fullest degree of intellectualfreedom and free expression. It is not the proper role of any constituent institution to shield individualsfrom speech protected by the First Amendment, including, withoutlimitation, ideas and opinions they find unwelcome, disagreeable, or evendeeply offensive.

The law also states that colleges and universities may not require its students and faculty to express any given view of social policy; must provide access to campuses for free speech purposes, consistent with First Amendment law, including invited speakers; must provide a range of disciplinary sanctions for anyone who substantially disrupts its functioning or interferes with others protected free expressions; and enforce a clearly defined set of procedures for disciplinary actions and appeals related to free speech and protected conduct.

The new law also requires the UNC Board of Governors to establish from among its members an 11-member Committee on Free Expression that will report annually to the full board and the General Assembly on barriers or disruptions to free expression, handling of disciplinary cases, difficulties, controversies and successes relating to administrative neutrality on political and social issues.

The session law also protects institutional leaders and board members from personal liability for acts taken pursuant to their duties related to the law.

One thing I can say about ECU is that most of the time were ahead of the ballgame, Rogers said. We want to be sure all students feel welcome, and even the speakers we invite. We invite speakers with different views, and I think thats important for an academic institution.

The Daily Reflector also received a news release Tuesday from the Phoenix, Ariz.-based Barry Goldwater Institute. The staunchly conservative organization said the Legislature crafted HB 527 on its model bill.

The Goldwater Institute model legislation affirms a commitment to free speech on public college campuses, prohibits universities from disinviting speakers, and creates a system of sanctions for those who interfere with the free speech rights of others, the release said.

Groups like FIRE and the Goldwater Institute have been lauded and scrutinized because of their support from strongly conservative backers, including the Bradley Foundation, the Claude R. Lambe Foundation and several organizations supported by the activist Koch Brothers and Grover Norquist, who sits on the board of the Goldwater Institute.

Cooper opposed forcing the legislation on universities, but allowed it to become law, a spokesman from his office told The Daily Reflector.

While Gov. Cooper would prefer the state trust university leaders to handle these issues rather than for the legislature to dictate terms, he felt it was best to allow this legislation to become law given the overwhelming majority that supported it, the spokesman said.

The law is a solution in search of a problem, but free speech always should be a priority for public universities, Sarah Gillooly, policy director at the American Civil Liberties Union of North Carolina, told the Carolina Journal after HB 527 was sent to Cooper.

In the rare circumstances where there is an issue with the stifling of free speech on campus, appropriate remedies exist and are working, Gillooly said.

Virginia Hardy, ECU Vice Chancellor for Student Affairs, issued a statement following the changes that led to ECUs green light designation.

We are committed to free speech and freedom of expression on our campus, Hardy said. We want our students, faculty, staff and guests to feel comfortable exercising their rights and exploring their ideas. Allowing the opportunity for freedom of expression and civil discourse around differing views has always been, and continues to be, a mainstay of institutions of higher learning.

Contact Michael Abramowitz at 329-9507 and mabramowitz@reflector.com.

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Campus free speech politics settles in North Carolina - Greenville Daily Reflector