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December 1, 2003 [feather]
Suing for free speech

The Foundation for Individual Rights in Education has started a meme--and possibly a movement. In the past year, FIRE coordinated a series of lawsuits against public colleges and universities that use speech codes to deny students the First Amendment rights to which they are entitled by law. The idea seems to be catching on: following the example of students at Citrus College, Shippensburg University, and Texas Tech, a student at Southwest Missouri State University is suing the school for placing unconstitutional restrictions on campus speech:


SMS Junior Ryan Cooper claims the university's policies are unconstitutional and severely restrict spontaneous speech.

The suit, filed Friday in U.S. District court in Springfield, says the civil rights of all students are violated by the school's free speech policy on campus because it restricts protests and demonstrations to one area on campus.

SMS designates an area known as "The Bear Paw" near the student union and bookstore, as the only spot on campus where students are allowed to hold mass gatherings or pass out literature. Students are also required to notify the university about any gatherings before they are held.

Cooper is not alone in his protests of campus policy. Others believe students should have the right to gather anywhere on campus, for any reason, without prior approval. Brian Figus opposes the policy. "Look at it this way," Figus compares. "If the city of Springfield decided the downtown square was going to be a free speech zone and if you wanted to protest or distribute literature you would have to go there otherwise it would be illegal - the entire city would be up in arms."

University administration has appointed a committee to review the school's current policies to see if any changes need to be made or any of the rules need to be clarified. Not everyone has a problem with it. "I've never had a problem speaking my mind on campus - ever, even when my opinion is not popular" said student Kate Katsulas. "I just think you have to be respectful of the educational environment."

The Alliance Defense Fund Law Center of Kansas City is representing Cooper in the the federal lawsuit. It names SMS President John Keiser and seven members of the board of governors as defendants.


The Alliance Defense Fund is also involved with the Texas Tech lawsuit. Read SMS's "Public Forum Policy" and compare that with the case FIRE and the ADF are making against Texas Tech's "free speech gazebo."

Speech codes don't survive the scrutiny of the courts, as a host of schools have learned the hard way. Look for this one to fall, too.

posted on December 1, 2003 7:42 PM