Freedom of Expression on Campus by Jessica Tello https://padlet.com/jtello3/xzlze5ulidvyrpwc A legal guide for Student Life coordinators on how to navigate freedom of expression on campus en-us 2021-11-28 20:42:16 UTC 2021-12-02 02:20:00 UTC hello@padlet.com https://padlet.net/icons/png/1f3eb.png Professional Perspective jtello3 https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1916627154 I have been in higher education for over 12 years. I am currently a Project Director for a Title V grant at a community college in Houston, Texas. The purpose of Title V grants are to increase institutional capacity and develop programming for Hispanic and other underrepresented student populations. I chose freedom of expression on campus as my topic because my institution has put a great focus on diversity, equity, and inclusion (DEI). A part of DEI is having tough conversations about our differences and how we can each honor those differences. This has the potential to encourage students to take a stance. I have created this guide for Student Life coordinators to help navigate freedom of expression. It can be useful to all Student Affairs personnel, however it may be more common for Student Life staff to encounter issues around freedom of expression.]]> 2021-11-28 21:14:23 UTC https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1916627154 Interviewee jtello3 https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1916635045 Clare Iannelli is the Dean of Compliance and Judicial Affairs (CJA) at San Jacinto College. The CJA office handles discrimination/harassment complaints, sexual misconduct complaints, general grievances, and student code of conduct violations (San Jacinto College, 2021). ]]> 2021-11-28 21:28:03 UTC https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1916635045 Impact to the Field jtello3 https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1916640700 It is important to remember that individual students and student organizations have constitutional rights which include freedom of speech and expression. College is a time when students are exploring and figuring out who they are as an individual. They are going to formulate their own values and ethics. It is the duty of institutions of higher education to ensure these rights are not infringed upon. ]]> 2021-11-28 21:36:39 UTC https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1916640700 Best Practices jtello3 https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1916641193
  • It is crucial to have staff available that can talk with people about the policy and procedure around expressive activities. At the very least, a staff member should be able to point a person in the right direction for further information about expressive activities on campus.
  • Every institution should have a very clear policy that includes a detailed procedure. If an issue arises, you should be able to refer to the policy and procedure for direction. 
  • There should be clear guidelines and practice of procedures. Information that is front-facing to students should be clear so there is no misinterpretation. 
    • (C. Iannelli, personal communication, November 12, 2021)








    ]]>     2021-11-28 21:37:24 UTC https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1916641193     Emerging Issue jtello3 https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1916641650 Dean Iannelli (personal communication, November 12, 2021) states the amendment to the Protected Expression on Campus Act placed a focus on outdoor expressive activities(Tex. Educ. Code § 51.9315). It required the addition of an outdoor expressive policy, and training to be created for college staff. It paved the way for the creation of common outdoor areas and traditional public forums. An institution can set some restrictions and it is typically for safety purposes. Guidelines that include reasonable time, place, and manner are up to the institution (C. Iannelli, personal communication, November 12, 2021). 

    ]]>     2021-11-28 21:38:07 UTC https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1916641650     Texas Association of School Boards jtello3 https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1916703821 The Texas Association of School Boards (TASB) is an organization made up of mostly public school districts to promote excellence and advocate for students in Texas public schools (TASB Mission, 2021). "TASB Community College Services provides legal expertise and comprehensive policy development and maintenance responsive to the needs of Texas community colleges" (TASB, 2021).  Dean Iannelli (personal communication, November 12, 2021) participates in the biannual legal review hosted by TASB that reviews all bills that impact the community college. In addition to participating in the above review, it is important that Dean Iannelli (personal communication, November 12, 2021) stays in tune with the legislative sessions.

    https://www.tasb.org/services/community-college-services.aspx

    ]]>     2021-11-28 23:24:42 UTC https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1916703821     Sidewalk Policies jtello3 https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1916728557
    • Writing messages in chalk on Iowa State University sidewalks, also known as "chalking" is a way that student organizations express their viewpoints, inform students about upcoming events, or even encourage voting. 
    • There has been an increase in messaging that the university is interpreting as hateful and racist, therefore they decided to implement a policy that sets strict guidelines around what messaging can be chalked.
    • There are two opposing sides to the new policy Iowa State implemented. There are those that believe students' free speech rights are being stifled, while others believe the policy will help to eliminate hateful speech towards underrepresented students. 
    • While the university has good intentions, it cannot remove a method in which students can express their political viewpoints. Institutions can restrict time, place, and manner but must do so with neutrality on content and viewpoint. 
    • A national advocacy group, Speech First, believes that while the institution can take a clear stance against hateful and demeaning speech, it should encourage students with differing viewpoints to engage in dialogue around their beliefs.

    (Anderson, 2020)
    ]]>     2021-11-29 00:00:32 UTC https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1916728557     Debating Student Shout Downs jtello3 https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1916733195
  • A group of protestors prevented a government official from giving a planned speech at Georgetown University law school. The college decided to reconvene a committee that will review written policies and disciplinary procedures for protestors on campus.
  • The question at hand is whether the college should restrict controversial speakers on campus, and what possible action should take place if there are disruptive protestors.
  • Students are worried that their protesting rights will be restricted.
  • It seems the law school understands students will have differing opinions and agree students have the right to express themselves and engage in peaceful protest. 
  • There will be further discussion around whether all students should be invited to all guest speaker events, or if the current practice of faculty inviting speakers to their class is the best practice.
    • (Anderson, 2020).

    ]]>     2021-11-29 00:06:04 UTC https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1916733195     U. S. Constitution (Federal) jtello3 https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1919582334 First Amendment of the U. S. Constitution
    • Allows for freedom of speech, expression, and the right to protest peacefully. 
    • These are described as some of our most basic rights as citizens of the United States. 
    • The ability to share our viewpoint and stand up for our beliefs regardless of others sharing those same beliefs. However, I think it is important to note that speech whether written or spoken does not also allow actions or behaviors that promote harm or danger to other people. 

    (U. S. Const. amend. 1)

    https://constitution.congress.gov/constitution/amendment-1/

    ]]>     2021-11-30 04:41:07 UTC https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1919582334     Texas Constitution (State) jtello3 https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1919592444 Freedom of Speech and Press; Libel

    • Everyone has the freedom to write or speak their opinion about any matter.
    • There should not be any law or regulation that imposes on that freedom.

    (Tex. Const. art. I, § 8.)
    https://statutes.capitol.texas.gov/Docs/CN/pdf/CN.1/CN.1.8.pdf
    ]]>     2021-11-30 04:50:37 UTC https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1919592444     Texas Education Code (State) jtello3 https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1919603781
  • Allows for protection of expression on campus- speech, written material, peaceful protests. 
  • Any freedoms that are protected by the first amendment in the U.S. constitution are also protected under the Texas Education Code in the higher education setting. 
  • Creation of common outdoor areas as traditional public forums
  • Expressive activities are encouraged as long as it is not an unlawful act and does not impede normal college operations.
    • (Tex. Educ. Code § 51.9315)
    https://statutes.capitol.texas.gov/Docs/ED/htm/ED.51.htm#51.9315
    ]]>     2021-11-30 05:01:17 UTC https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1919603781     United States Code (Federal) jtello3 https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1919609948 Protection of student speech and association rights
    • Constitutional rights for freedom of speech and other basic rights are still applicable in a higher education setting.
    • Institutions of higher education should encourage dialogue of differing opinions between students. There is an opportunity to learn.
    • Students should know that while they have certain freedoms, they should also be considerate and not disrupt normal college activities.

    (20 USC § 1011a)

    http://uscode.house.gov/view.xhtml?req=freedom+of+speech&f=treesort&fq=true&num=8&hl=true&edition=prelim&granuleId=USC-prelim-title20-section1011a
    ]]>     2021-11-30 05:07:04 UTC https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1919609948     Colleague Letter (Federal) jtello3 https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1921646124
  • The Office of Civil Rights (OCR) released this letter to clarify their regulations are not intended to restrict expressive activities. 
  • OCR protects people against discrimination based on sex, national origin, race, and other protected categories.
  •  While certain expressions can be considered offensive towards protected categories, it must be pervasive enough to prevent a student from participating in programming. 
  • OCR's regulations are consistent with the protections from the first amendment.

    • Reynolds, G. A. (2003, July 28) Dear  Colleague Letter. Washington, DC: U.S. Department of Education, Office for Civil Rights. Retrieved from https://www2.ed.gov/about/offices/list/ocr/firstamend.htmir 
    ]]>     2021-12-01 00:31:05 UTC https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1921646124     Texas Administrative Code (State) jtello3 https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1921833274
    Criteria for New Doctoral Programs

    • "Must be characterized by complete freedom of inquiry and expression."
    • Graduate and doctoral level programs are made to push students to think critically and continue to form their values and ethical code.

    (19 TAC § 5.46)

    https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=1&ch=5&rl=46
    ]]>     2021-12-01 02:24:50 UTC https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1921833274     U. S. Supreme Court (Federal) jtello3 https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1921889612
  • The rights protected under the First Amendment are applicable in a school environment. 
  • Upheld students' right to peacefully protest.
  • Freedom of expression is protected when other's rights are not infringed upon and there is no disruption of school activities.
    • (Tinker v. Des Moines Independent Community School District, 1969)

    https://tile.loc.gov/storage-services/service/ll/usrep/usrep393/usrep393503/usrep393503.pdf
    ]]>     2021-12-01 02:59:43 UTC https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1921889612     San Jacinto College jtello3 https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1921915390 San Jacinto College has a policy and associated procedure regarding expressive activities. The college upholds students' protections under the First Amendment. It encourages students to exercise freedom of speech and voice their opinions, while also putting in reasonable restrictions around time, place, and manner.

     (San Jacinto College, 2020, Policy VII.7003.A)

    https://www.sanjac.edu/policy-vii7003a-expressive-activities

    ]]>     2021-12-01 03:15:19 UTC https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1921915390     Competency Areas for Student Affairs Educators jtello3 https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1921950940  "Foster and promote an institutional culture that supports the free and open expression of ideas, identities, and beliefs, and where individuals have the capacity to negotiate different standpoints" (The Professional Competency Areas for Student Affairs Educators, 2015, p.31)  
    This standard is very clear and aligns with the protections of freedom of speech and expression. As an educator, I want to be open-minded and learn from other’s viewpoints and perspectives. 

    https://www.naspa.org/articles/professional-competency-areas-for-student-affairs-educators]]>     2021-12-01 03:39:50 UTC https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1921950940     Ethical and Legal Personal Connection jtello3 https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1921969030 As an educator, it is important to fully understand the laws and statutes that protect freedom of speech. While my views may not align with every student I meet, I understand they have the constitutional right to voice those opinions. This could mean that we may encounter someone who expresses offensive or hateful speech that is uncomfortable, however, it may still be protected. 

    As an undergrad, I had the opportunity to meet new people who came from different backgrounds and had different viewpoints. It was a time for me to explore and voice my opinion even if it wasn't the majority opinion. Expressive freedom allowed me to become the person I am today.]]>     2021-12-01 03:53:44 UTC https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1921969030     Recommendations jtello3 https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1921991212
  • The institution should be clear in its commitment to protecting students' and employees' basic freedoms under the first amendment.
  • Create a transparent policy that is easily accessible to all. Within this policy, set expectations for respecting others' viewpoints.
  • Employ legal counsel when writing policy and procedure.
  • An institution should not deny a speech, guest speaker, or distribution of material for fear of what could happen by others with opposing viewpoints.  
  • Create space for students to talk through their feelings and emotions when it comes to controversial topics.
  • Ensure multiple staff members understand the expressive activity policy so a point of contact is always available to answer questions. 
    • ]]>     2021-12-01 04:12:14 UTC https://padlet.com/jtello3/xzlze5ulidvyrpwc/wish/1921991212