10. Unfree Speech Zones

Several college campuses have limited free speech to specific zones, prohibiting distribution of literature or protests in other areas of campus. Although public colleges have the right to impose time, place, and manner restrictions on free speech, this cannot extend to an absolute ban on non-disruptive political activity throughout most of the campus. When students are protesting administrative policies, they must have a right to protest in front of the administration building. Likewise, students who might protest a campus speaker could be excluded from doing so anywhere near the building where the audience is hearing the speaker. While universities may suggest certain areas for protests and use of amplification, any limits on free speech must deal with the disruptive nature of the activity, and not set arbitrary boundaries on where protest is allowed.

10(a) In March 2002, two dozen Florida State students tried to hold a camp-in on the grass in front of Westcott Hall, the main administrative building. The students, members of United Students Against Sweatshops, were protesting Florida State’s $3 million annual endorsement deal with Nike, a notorious sweatshop abuser. Police arrested 12 students for waving American flags and singing “We Shall Overcome.” Florida State, like dozens of other public colleges, has a speech “zone” policy that bans any protests on public property outside of two designated areas.

10(b) West Virginia University limits free-speech protections to two tiny designated areas. Civil libertarians have criticized the policy that prohibits the distribution of pamphlets, protests, or other political debate almost anywhere on campus.

(Washington Times, 3/26/02)

10(c) University of Houston: the Pro-Life Cougars are suing the University of Houston for refusing to allow them to show pictures of dead fetuses in prominent areas on campus. The University of Houston restricts all protests to certain speech zones.

(Houston Chronicle, 2/2/02; AP, 2/5/02)

10(d) Some campuses are beginning to reject speech zones. At Iowa State, the free speech zone, previously limited to two small areas, is being extended to the entire campus under a proposal by president Gregory Geoffroy reached in consultation with the ACLU.

(Iowa State Daily, December 10, 2001)