Universities May Be Able To Restrict Student’s Exercise of Free Speech
FRIDAY,
2/12/16
MOUNT
PLEASANT, MI
Students
at Auburn University in Alabama are not happy with the University’s policy of restricting free speech on campus. Last week, a group of students who belong to
Young Americans for Liberty received citations and were forced to leave their on
campus protest of Auburn’s requirements for free speech (Fricke).
Under
Auburn’s Speech and Demonstration Policy, the university asserts that, “In
order to maintain safety, security, ensure the orderly scheduling of campus
facilities and to preclude conflicts with academic and co-curricular
activities, Auburn University reserves the reasonable right to limit such
activities with regard to time, place,
and manner” (Auburn Division of Student Affairs).
More
specifically, Auburn’s policy identifies only one location on campus where
students may freely express themselves. However, if students wish to protest or
demonstrate at any other location on campus they must first obtain a permit
from the university within 48 hours of the planned event.
But
can the university do that? It depends.
In
Tinker v. Des Moines Independent School
District (1969), the Supreme Court held that students do not “shed their
constitutional rights to freedom of speech and expression at the schoolhouse
gate” (First Amend. Center).
However,
schools and universities alike may place restrictions on student’s speech if
they do not fall outside the bounds of what is constitutional. According to the
First Amendment Center, “school officials may prohibit speech that
substantially disrupts the school environment or that invades the rights of
others”.
The
United States Supreme Court has held that restrictions to speech based on time,
place and manner are constitutional if the restrictions (First Amend. Center):
1. Are content neutral
2. Are narrowly tailored
to serve a governmental interest
3. Leave other methods
of expressions available
As
explanation for restrictions listed in the Speech and Demonstration Policy,
Auburn states that the university “reserves the right to avoid unreasonable
conflict with the normal functions and requirements of the University, and to
assure that the flow of vehicular and pedestrian traffic is not impeded”.
Based
on the guidelines for the restriction of free speech as set forth by the United
States Supreme Court, it appears as though Auburn University’s Speech and
Demonstration Policy may be constitutional.
Samantha
Heuring
Levitt
Law Firm, Law Clerk
Tyler
Webb
Editor-In-Chief
Levitt
Law Firm, Senior Law Clerk
Fricke,
Peter. "VIDEO: Auburn Tells Students They Need a Permit for Free
Speech." Campus Reform. N.p., 20 Feb. 2016. Web. 22 Feb. 2016.
Speech
and Demonstration Policy. Auburn, Ala.: n.p., 1974. Division of Student
Affairs, Feb. 2007. Web. 22 Feb. 2016.
"May
Schools Limit the Time, Place, and Manner of Student Expression?" First
Amendment Center, 22 Feb. 2016. Web. 22 Feb. 2016.
Haynes,
Charles C. "Why Fifth Graders Have Rights Too." First Amendment
Center. N.p., 21 Mar. 2013. Web. 22 Feb. 2016.
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