MONDAY, APRIL 1, 2019 volume 119 , issue 126
By London Gibson @thedailytexan
graphic by rena li, photos by the daily texan staff
he University of Texas, like many universities nationwide, is facing scrutiny for policies free speech advocates say stifle protected speech. Advocates say two policies in particular are vague and don’t comply with decades of Supreme Court precedents. Free speech advocacy organization Speech First filed a lawsuit against the University in December, claiming the school’s acceptable use and harassment policies are too vague and could prevent free discourse on campus. The organization advocates for free speech on college campuses nationwide. Speech First also filed a lawsuit, which is still pending, against the University of Michigan in May. The Foundation of Individual Rights in Education, or FIRE, agrees. FIRE gives UT a “red” rating for these policies, which places the school in the bottom 28% of universities in the country for freedom of speech. FIRE, in its 20th year of operation, analyzes the policies of almost 500 schools.
Speech First’s lawsuit
Speech First filed its lawsuit on behalf of unnamed students, faculty, parents and alumni who are unhappy with UT policies. One of those policies, the school’s Acceptable Use Policy, dictates what can and can’t be said on University computers. It requires users “Be civil. Do not send rude or harassing correspondence.” “This lawsuit was initiated because our members’ rights have been violated,” Speech First President Nicole Neily said in an email. “(The policies) encompass protected speech and expression, and there are a substantial number of instances in which those policies cannot be applied (consistently) with the First Amendment.” UT President Greg Fenves and Dean of Students Soncia Reagins-Lilly said in response to Speech First’s claims that they know of no incident where a student was sanctioned or investigated for protected free speech. But Laura Beltz, senior program officer for policy reform at FIRE, said as written, some of UT’s policies could be applied to prohibit some speech protected by the
These two (policies) were flagged because on their face, no matter how they’re applied, they include constitutionally protected free speech.” L A U R A B E LT Z
SENIOR PROGRAM OFFICER, POLICY REFORM, AT FIRE
First Amendment. She said the Acceptable Use Policy is one example. “‘Rude’ is such a vague term,” Beltz said. “It doesn’t have a legal definition, so you could really include any speech that someone subjectively finds rude. But even if someone finds an email rude, it’s still constitutionally protected.” Beltz suggested the policy be changed to only restrict speech that is actually illegal, such as true threats or defamation. The group also takes issue with the policy on Sex Discrimination, Sexual Harassment, Sexual Assault, Sexual Misconduct, Interpersonal Violence and Stalking. UT’s policy defines sexual harassment as “unwelcome conduct of a sexual nature.” Again, Beltz said this contradicts Supreme Court precedent that requires speech to be “severe, pervasive and objectively offensive.” The policy later defines harassment more specifically to include definitions of physical and verbal acts. But Beltz says because the initial definition of sexual harassment is so broad, it can be misleading. She said including the “severe, pervasive and objectively offensive” clause at the start would make the policy run more in line with the Court’s precedent. The lawsuit also critiques the University’s Residence Hall Manual for vague wording prohibiting “uncivil behavior” and the Campus Climate Response Team for vague definitions of “bias incidents.” University spokesperson J.B. Bird said the Speech First lawsuit does not showcase the school’s policies in their whole. “I think there’s very good evidence from what happens on campus that there is robust freedom of speech, and that we protect it very thoughtfully, proactively and conscientiously,” Bird said. “In fact, what we tend to receive is criticism from people who want to constrain free speech.” Although Beltz said changes to the policies would be pretty simple to make, and FIRE representatives have presented their suggestions to UT officials in the past, the policies remained unchanged. Bird said the University can change its policies and does so routinely. However, when asked if making these adjustments would be something the school would consider, Bird said the school first considers input from
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