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New free speech policy to be drafted

Published: Tuesday, October 6, 2009

Updated: Saturday, December 5, 2009 00:12


While the pro-life and pro-choice demonstrations that took place Tues., Sept. 22, were not in violation of existing university policy, the administration is currently in the process of drafting a more specific policy regarding free speech.

Susan Kashack, the associate vice president for communications and marketing in the university affairs department said that because SSU is a public institution, it is subject to the same requirements as any public location.

"Freedom of speech is one of the most well-known constitutional rights guaranteed in the First Amendment of the Bill of Rights-and it applies to Sonoma State University," said Kashack. "To determine how groups and individuals can be present on the campus, we must look at what how the law views free speech rights."

Criminal or severe harassment, defamation, hate speech or obscenity as defined by law in a public arena is prohibited by law and therefore not permitted on university grounds. These policies also apply to any images or signage that is displayed, along with literature or handouts.

Not all universities must comply with these rules. Private institutions and organizations have more flexibility in their policies.

"For instance, if the anti-abortion group wanted to post their signage and hand out brochures at the University of San Francisco, the university could prohibit it," said Kashack. "They may not decide to do that as they too support the Constitution of this country, but they have more leeway than a public institution."

Many students found the display of post-abortion fetuses to be unpleasant, but the presence of the images on campus waslegal. Kashack said that students should keep in mind the freedoms they are allowed in the United States when they are confronted with opinions they do not agree with.

"As offensive as the anti-abortion banners were, I believe we should be proud to live in a country where citizens are allowed to express their opinions no matter how 'disgusting,' a word the pro-choice group used, they may be to some," said Kashack. "We hear every day about countries that do not allow their people to express their opinions, as they are contrary to the government's. The opposite of free speech is oppression."

Kashack said that the reaction from students, faculty and staff members to the demonstration was an appropriate response.

"We may not always like what is presented to us and those are the most difficult times to embrace the right to free speech," said Kashack.

"Education and information was shared. Writing about the issue in the

STAR, getting responses and letters to the editor, classes and committees discussing the issue are exactly what should happen on a university campus."

Groups from outside the university that wish to demonstrate on campus must fill out and submit a Free Speech Permit Form at least one week in advance of the event.

Caitlyn Hicks, a contracts coordinator in Conference and Events Services, said there are very few instances per semester in which a free speech permit is required.

"If churches want to come on campus, or if people have voter petitions, they would need to fill out this form," said Cecilia O'Brien, an event coordinator who also works in Conferences and Event Services. "We may see more next year because it will be an election year."

The form itself is specific in outlining the regulations and requirements the group or organization must adhere to in order to remain present on campus.

"This permit must be carried by the applicant or a participant during the free speech activity," states the free speech activity form, which is available on the university's website under the university affairs section. "The designated free speech area is located between the SSU Student Union and Stevenson Hall. Other exterior locations may be allowed with special permission."

A group must reserve the time, date and location of their event with Conference and Events Services.

"We receive it, schedule it and send it to University Affairs," said Hicks. "They tell Police Services and send a copy of the approved permit."

The topic, the activity and the items to be displayed must all be described. The regulations prohibit blocking the flow of pedestrian and vehicle traffic, as well as disruption of classes and campus life.

"Our office has no control of whether or not the permit is approved," said O'Brien. "We only reserve the space, and our director can approve or not approve of the use of amplified sound."

A copy of the free speech permit form can be downloaded at www.sonoma.edu/ces by clicking on the "free speech" tab.

The Sanctity of Human Life Network, the off-campus pro-life group that tours college campuses often to stage pro-life protests, submitted their permit two weeks before the event.

"They filled out their form and it was approved," said Hicks. "They went through all the right channels and knew what to do. They were well organized."

Some groups do not follow the proper protocol before coming to campus.

"Some people will show up out of nowhere," said Hicks. "They can be asked to leave by Police Services."

While the impromptu pro-choice rally did not have permission for their demonstration the first day, they obtained and submitted a permit to continue their event the next morning.

Conference and Events services post all of the scheduled and permitted events online as soon as each event is reserved.

"Anyone can access this information through the school website," said O'Brien. "We reserve about 400 events a month and update the page often, so it can be time consuming to scroll through the webpage each day."

Students can access this calendar by logging onto the SSU website, selecting the calendar tab on the left and navigating to the campus event calendar.

According to Kashack, a university policy specifically regarding free speech is currently in the early stages of being drafted.

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