LEADERSHIP AT THE UNIVERSITY OF
ARIZONA IS TAKING STEPS TO
ADDRESS FREE SPEECH ON CAMPUS
AFTER LANDING IN THE NATIONAL
SPOTLIGHT.
THIS ALL STEMS FROM A SITUATION
LAST MONTH WHEN THREE STUDENTS
PROTESTED BORDER PATROL AGENTS
WHO WERE GIVING A PRESENTATION
IN A CLASSROOM.
THE THREE WERE LATER CITED BY U
OF A POLICE.
NEXT WEEK THE UNIVERSITY WILL
HOST A CAMPUS CONVERSATION ABOUT
THE ISSUE.
THIS WEEK, WE HEARD FROM U OF A
PROFESSOR OF LAW JANE BAMBAUER
ABOUT THE ROLE OF FREE SPEECH AT
PUBLIC UNIVERSITIES.
COLLEGE CAMPUSES SEEM TO GET
THIS REPUTATION AS THESE LIKE
SYMBOLS OF FREE EXPRESSION.
WHAT IS IT ABOUT COLLEGE
CAMPUSES THAT JUST CREATES THAT
ENVIRONMENT?
>> WELL, FOR A LONG TIME, 50, 60
HOURS, THEY'VE BEEN SEEN AS THE
EMBODIMENT OF THE MISSION OF THE
FIRST AMENDMENT WHERE WE ARE
SUPPOSED TO COME TOGETHER FOR
SOMETIMES HEATED DEBATE, BUT
HAVE TOLERANCE FOR EACH OTHER'S
VIEWPOINTS EVEN IF WE DON'T
AGREE, AND THE ABILITY ALSO TO
HEAR EACH OTHER AND POSSIBLY
CHANGE OUR MINDS.
SO THAT SORT OF -- THE METAPHOR,
THE MARKETPLACE OF IDEAS, IS
ESPECIALLY APT FOR THE COLLEGES
AND UNIVERSITIES WHERE THE MAIN
TRADE IS IN IDEAS.
>> THERE ARE COLLEGES ACROSS THE
NATION THAT ARE HAVING THESE
CONVERSATIONS ABOUT FREE SPEECH.
WHERE DO YOU SUPPOSE ARIZONA
FITS INTO IT?
I MEAN HOW IS FREE SPEECH VALUED
AT THE UNIVERSITY OF ARIZONA?
>> FREE SPEECH HAS BEEN VALUED
QUITE HIGHLY AT THE UNIVERSITY
OF ARIZONA, AND THE FACT THAT
WE'RE EMBROILED IN A CONTROVERSY
RIGHT NOW DOES NOT NECESSARILY
MEAN THAT THE COLLEGE HAS, YOU
KNOW, PRIOR TO THE CONTROVERSY,
DONE ANYTHING THAT WOULD
SACRIFICE FIRST AMENDMENT
VALUES.
AND, IN FACT, FIRE, WHICH IS THE
FOUNDATION FOR INDIVIDUAL RIGHTS
AND EDUCATION, HAS RATED THE
UNIVERSITY OF ARIZONA'S SPEECH
ON CAMPUS POLICIES WITH A GREEN
LIGHT, THE BEST -- YOU KNOW, THE
HIGHEST STANDARDS THAT IT HAS.
SO THE UNIVERSITY HAS DONE AN
ADMIRABLE JOB OF MAKING SURE
THAT PEOPLE FEEL COMFORTABLE
SPEAKING SO LONG AS IT DOESN'T,
YOU KNOW, CROSS THE LINE INTO
SOME SORT OF PROHIBITED CONDUCT.
>> WHO'S ENTITLED TO FREE
SPEECH?
I MEAN YOU HAVE A STUDENT WHO IS
NOT COMFORTABLE WITH SOMEONE'S
PRESENCE.
>> MM-HMM.
>> AND THEN VOCALIZES THEIR
CONCERN.
BUT THEN YOU ALSO HAVE SOMEONE
WHO'S HERE ON CAMPUS INVITED TO
SPEAK.
SO HOW DO THOSE TWO CLASH, AND
WHO'S REALLY AT FAULT THERE?
>> YEAH.
SO A LOT OF CAMPUS PROBLEMS,
INCLUDING THE CONTROVERSY WE'RE
IN HERE, INVOLVE SPEECH VERSUS
SPEECH TENSIONS WHERE TWO GROUPS
SEE THE OTHER'S BEHAVIOR AS
DIMINISHING THEIR ABILITY TO
ENGAGE IN EXPRESSIVE ACTIVITY.
AND ONE IDEA THAT SORT OF GETS
THIS ACROSS IS THAT COURTS ARE
OFTEN WORRIED ABOUT PROVIDING AN
OUTLET FOR THE HECKLER'S VETO,
AS IT'S CALLED.
THE IDEA IS IF SOMEBODY WANTS TO
COME TO CAMPUS TO SPEAK BUT A
GROUP OF DEMONSTRATORS PREVENT
THEM FROM BEING ABLE TO BE
HEARD, THEN IT'S THE HECKLERS
THAT END UP WINNING.
SO IT'S SPEECH THAT'S GETTING IN
THE WAY OF OTHER SPEECH.
AND THAT'S IN A NUTSHELL WHAT
MAKES THESE ISSUES SO DIFFICULT
TO MANAGE.
>> SO WHO DRAWS THE BOUNDARY
LINES, AND THEN AT WHAT POINT
DOES IT BECOME HARASSMENT VERSUS
FREE SPEECH?
>> THE SUPREME COURT AND THE
CIRCUIT COURTS HAVE DEFINED --
WHEN THEY GET CALLED ON TO
ANSWER QUESTIONS LIKE THIS, THEY
HAVE, ESPECIALLY RECENTLY,
DEFINED THINGS LIKE HARASSMENT
QUITE STRICTLY SO THAT THERE
NEEDS TO BE AN IMMINENT THREAT,
YOU KNOW, AN OBJECTIVELY
VERIFIABLE, IMMINENT THREAT.
AND SO IT'S A -- IT'S USUALLY A
PRETTY HARD STANDARD FOR
REGULATORS, WHETHER IT'S
UNIVERSITY ADMINISTRATORS OR
WHATNOT TO MEET.
AND THAT'S DOUBLY TRUE IF THE
CRIMINAL PROCESS IS INVOLVED.
THAT SAID, THERE ARE TIMES THAT
DEMONSTRATORS ARE DOING THINGS
THAT ARE NOT JUST THEIR MESSAGE
BUT ARE ALSO CONDUCT THAT'S
PROHIBITED LIKE TRESPASS, FOR
EXAMPLE, OR DESTROYING PROPERTY.
SO THAT'S WHAT MAKES THIS A
LITTLE HARD BECAUSE SPEAKERS
CAN'T SPEAK WITHOUT SOME ACTUAL
PHYSICAL EFFECT ON THE WORLD.
AND SO THE SORT OF OVERLAP
BETWEEN SPEECH AND CONDUCT IS
DIFFICULT TO MANAGEMENT.
>> HERE AT THE UNIVERSITY OF
ARIZONA, WE'LL BE HEARING A
NUMBER OF CAMPUS CONVERSATIONS
TO ADDRESS ISSUES LIKE THIS ONE.
IN YOUR LINE OF WORK, ANY BELIEF
THAT THIS IS HEADED IN THE RIGHT
DIRECTION?
I MEAN HOW SIGNIFICANT WILL
THESE CAMPUS CONVERSATIONS BE IN
THE GRAND SCHEME OF THINGS?
>> WELL, CAMPUS CONVERSATIONS
ARE SOMETHING THAT OTHER
UNIVERSITY ADMINISTRATIONS
ACROSS THE COUNTRY HAVE TRIED,
AND SOMETIMES WITH SOME SUCCESS.
THERE'S AT LEAST A LITTLE BIT OF
EVIDENCE FROM SURVEYS THAT, YOU
KNOW, TWO STUDENT GROUPS GOING
IN THAT FEEL QUITE, YOU KNOW,
QUITE DISSATISFIED WITH THE
UNIVERSITY COME OUT OF THE
CONVERSATION FEELING HEARD AND
UNDERSTOOD EVEN IF THEY DON'T
GET EVERYTHING THAT THEY WANT.
SO IT CAN BE A RECIPE FOR
SUCCESS.
PRESIDENT ROBBINS IS FACING A
SOMEWHAT UNPRECEDENTED SET OF
CIRCUMSTANCES, THOUGH, BECAUSE
THERE HAS BEEN THIS CRIMINAL
CHARGE BROUGHT AGAINST THREE
STUDENTS, AND THAT JUST REALLY
SORT OF AMPS UP THE -- YOU KNOW,
THE CONSEQUENCES OR AMPS UP THE
STAKES.
HE'S GOING TO BE WALKING A
THINNER, TIGHT LINE, TIGHT ROPE,
THAN A LOT OF UNIVERSITY
PRESIDENTS.
