College That Told Student He Couldn't Hand Out Copies Of The Constitution Now Heavily Revising Its Speech Policies
from the but-it-took-a-lawsuit-to-get-it-done dept
California's Modesto Junior College, best known for telling a student (Robert Van Tuinen) he couldn't hand out copies of the Constitution on Constitution Day, has now reached a temporary ceasefire with Van Tuinen, who filed a lawsuit against the college at the beginning of October.
Modesto Junior College (MJC) has agreed to suspend enforcement of its “free speech zone” as it negotiates an end to a federal lawsuit filed by a student prevented from handing out copies of the Constitution on campus on Constitution Day.Van Tuinen noted when he filed the lawsuit that he was primarily interested in changing the college's "free speech" policies -- which is now what finally seems to be happening. The most onerous regulations -- limiting speech to the so-called "free speech zone" (a.k.a. the "little cement area") and only with administration approval secured several days in advance -- appear to have been written out of the new policy.
A joint stipulation filed in federal district court yesterday by MJC and attorneys for student Robert Van Tuinen states that the parties have agreed on several significant revisions to the college’s “free speech policies and procedures,” pending final approval by the Yosemite Community College District, expected this spring.
The proposed procedures would change district denial of permission to speak or distribute materials in open areas from “at its discretion” to “in a manner consistent with applicable law.” In general, the policy limits hate speech, use of microphones, soliciting money except for campus groups, blocking passers-by or being disruptive. It says people distributing materials should pick up the discards lying around campus.As FIRE President Greg Lukanioff notes, these moves put MJC's policies more "in line" with the First Amendment rather than operating in its proprietary First-Amendent-Free zone. Free speech isn't really free when its routed through layers of administrative bureaucracy and sent to wait in line for a chance to utilize the "little cement area" so
Trying to create a stress-free environment by ensuring as little free speech as possible occurs on campus is a disservice to students. It does nothing but allow administrators to avoid the uncomfortable situations and confrontations that necessarily arise from the exercise of free speech. Running an institute of higher learning isn't supposed to be easy. If it is, you're doing something wrong. The real world isn't the sort of place where speech never offends. It also isn't the sort of place where speech, offensive or not, waits in line patiently. Creating an insular environment handicaps the same people administrators are supposed to be preparing for the future. It's good to see the district will be removing this ridiculous policy, which has done little but serve as a crutch for administrators who dislike being challenged.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: constitution, free speech, free speech zone, modesto junior college, robert van tuinen
Reader Comments
Subscribe: RSS
View by: Time | Thread
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Re: Re:
[ link to this | view in thread ]
[ link to this | view in thread ]
Re: Re:
[ link to this | view in thread ]
[ link to this | view in thread ]
Re: Re:
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Re: Re:
Off topic irrelevancies can be deleted by the site owner. Otherwise, anyone could come here and clutter up the discussion with any irrelevant subject, like OOTB.
A spammer, or OOTB for that matter, is as free as anyone else is to set up their own website or blog and attract people to it. If people don't come, that does not justify being able to pollute other forums.
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Get in line.
And now these proposed changes get to "wait in line patiently" "pending final approval by the Yosemite Community College District". Will they or won't they be approved? Who knows. Until then, STFU unless you have prior approval.
[ link to this | view in thread ]
[ link to this | view in thread ]