As a way to combat disruptive student protests, several college campuses in recent years have designated certain areas of campus as “free-speech zones” and virtually prohibited free expression elsewhere on campus.
Among schools that are under fire are the University of Wisconsin system and the University of West Virginia.
In a 1968 case, the Supreme Court ruled that institutions may place restrictions on the time, place and manner of free speech. Some students and free-speech advocates are crying foul at what they see as an effort by universities to prevent the open exchange of ideas at their institutions.
One issue that is often raised by First Amendment advocates is whether protests in such areas will receive less exposure due to a lower volume of students.
Northwestern adjunct law Prof. Stephen Daniels attended graduate school at the University of Wisconsin-Madison, which has free-speech zones.
“(The free-speech zones) were in high traffic areas though, so nobody minded,” Daniels said.
Students argue that free-speech zones have been chosen by university officials only to limit the number of people exposed to messages presented by activists.
After abortion protesters were denied access to a high-traffic area at the University of Houston, a court ordered that space be made available. The university responded by designating several remote campus areas as free-speech zones.
“As a basic matter (university administrators) can do that,” said Daniels, referring to the chosen low-traffic areas. “Free expression is not unlimited. A university can regulate the behavior of its students and staff to achieve its goals and purposes.”
Northwestern Students Against Sweatshops member Britt Gordon-McKeon, a Medill junior, said she feels groups should have the ability to protest issues in the places where they are the most pertinent.
“It’s important for us to be able to reach students in any way that we can, which means in any places that we can,” Gordon-McKeon said.
Associate Vice President for Student Affairs Mary Desler said there is value in free expression at any institution of higher learning.
“Allowing people to come and speak on campus with views that are different than mine is all part of the learning experience here at Northwestern,” Desler said. “If we start deciding who does and doesn’t get to talk, we’re in trouble.”
But Desler pointed out that freedom of expression does not give the activist complete discretion.
“We can in some situations determine time, place and manner in which a protest may take place,” Desler said.
When Madeline Albright was scheduled to speak at NU’s 1999 commencement, a number of students planned to picket the event in protest of the then Secretary of State. Several days before the ceremony, Albright cancelled her appearance due to unexpected developments in Kosovo. But university officials were prepared to allow the students to picket.
“At commencement, we created an area in which protesters were allowed to have their signs and use their bullhorns.” Desler recalled.
Daniels said university administrators have a dual role in preserving civil liberties and running their school.
“The trick is always balancing the need for free expression and the need to have a functioning institution,” Daniels said. “One doesn’t have to like that, but that’s the way it works.”
