BY ANDY KROLL
Daily News Editor
Published February 20, 2008
When the College of Literature, Science and the Arts announced a new policy that would regulate the distribution and posting of publications, fliers and signs in LSA buildings, free speech advocates cried foul. The policy, which would only grant distribution rights during fall and winter semesters to student groups that comply with registration and content criteria, seemed to many a blatant violation of the First Amendment. It's counter-intuitive - a public institution that limits the speech of the public.
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The University's Faculty Handbook states, "Because the search for knowledge is our most fundamental purpose, the University has an especially strong commitment to preserve and protect freedom of thought and expression."
But regulation of public speech is all but removed from the University's policies. The same could be said for many of the University's public peers. In the age of what journalist Michael Gould-Wartofsky described as the "homeland security campus," restriction of speech by universities through the establishment of content codes and official "free-speech zones" is more common than ever.
As was the case in the University's explanation of the LSA distribution policy, universities that enforce such policies have justified them using a line of argument many free speech advocates reject. But between differing interpretations of First Amendment rights and existing University policies, one question remains: How "free" is free speech at the University of Michigan?
Everyone knows the First Amendment protects freedom of speech and of the press. But there are limits. Courts have said that "time, place and manner" restrictions on speech are OK. That's what prohibits yelling "Fire!" in a crowded movie theater. By definition, "time, place and manner" restrictions are content-neutral, narrowly focused restrictions on speech or expression that serve a governmental purpose. For the University's purposes, the danger of slipping and falling on a discarded flier outside the Fishbowl is akin to the chaos that might ensue following the warning of a fictitious fire. Discarded fliers and publications, the University claims, are a form of unregulated speech that presents an unnecessary threat to people in the area.
The University of Michigan isn't the first school to extend the "time, place and manner" restriction to its own policies.
Two years ago, the University of Central Florida created what it called "free assembly areas," which were four areas on the university's campus selected "for the conduct of political activity and other exercises of free speech."
University of Central Florida President John Hitt said in an e-mail to the Foundation for Individual Rights in Education, a campus free speech watchdog group, that the university created the free-speech zones so that large numbers of people could "gather with enhanced sound and conduct rallies without interfering with university business."
Hitt justified the creation of the policy, which barred public organizations or demonstrations anywhere else on the campus, by citing "time, place and manner."
"U.S. courts have long held that speech may lawfully be regulated with regard to time, manner and place," Hitt said in his e-mail to FIRE. "We are confident that we are within our constitutional rights in upholding our policy."
The University of California at San Diego revised its public speech policies in June to define free-speech zones, select areas on campus where public demonstrations would be permitted. The revised policy also mandated that use of the forum take place between 8 a.m. and 10 p.m. and that any assembly with more than 10 participants makes a reservation prior to meeting. The university's administration also reserved the right "to close or alter the conditions of use of any Designated Public Forum or any portion" of a forum whenever it wanted. If organizers didn't comply with the university's policies, they could be kicked off campus and face disciplinary action from university's chancellor or judicial affairs office.
UC-San Diego administrators also justified the policy revisions by calling them "reasonable time, place and manner" restrictions. But faced with pressure from students and FIRE, the university dropped the changes in February.























