- Historically, college
and university campuses
have been centers for ideas,
debates, and protests.
Exposure to a wide variety of
perspectives and philosophies
was seen as a positive endeavor,
not something to be feared.
Unfortunately, in the 21st century,
university administrations have become
increasingly hostile towards
ideas and perspectives
that may not be considered mainstream.
Instead of encouraging a healthy debate,
universities have been enacting policies
that establish safe
spaces, limit free speech,
and label certain
ideologies as unacceptable.
Some free speech codes
have become so extreme
that students have been arrested
for passing out the constitution.
Problematic free speech codes
that arbitrarily restrict
the first amendment
rights of college students
can be found in Utah colleges
and universities as well.
At Dixie State University,
students from the local chapter
of Young Americans for
Liberty were prohibited
from posting fliers advertising
a club meeting on campus
because they were deemed
to be controversial
because they poked fun
at historical figures.
- It was just to attract
attention to our club
and bring up kind of what
we believed or stood for,
and in a sort of fun and satirical way.
- The students involved
eventually sued the administration
and Dixie State's free speech policies
were revised as a result.
Despite recognition from the Supreme Court
that a government entity
may only establish
reasonable time, place,
and manner restrictions,
some Utah schools continue
to restrict this right
with unreasonable requirements,
such as having to sign
up months in advance
or being restricted to a
particular area on campus.
Fortunately, house bill 54 was enacted
into law earlier this year.
Sponsored by Representative Kim Coleman,
this legislation prohibits
public universities
from establishing excessive restrictions
on expressive activities
in outdoor areas on campus.
Universities in violation of this new law
will be subject to litigation
because the bill establishes
a private cause of action,
allowing a person whose free
speech rights were violated
to sue the school, and if victorious,
receive a monetary award along
with compensatory damages,
court costs, and attorney fees.
While House Bill 54 did put
universities throughout Utah
on notice, there is still
more work to be done.
Representative Coleman will
be working on a new bill
to further protect free speech on campus
by protecting the open forum of ideas
that should be expected at universities.
Any form of free speech codes
should no longer be tolerated
at taxpayer funded higher
education institutions.
Instead, colleges should
once again be centers
for open dialog and
discussion of a wide variety
of perspectives and philosophies.
For Libertas Institute,
I'm Nichelle Aiden.
