Orlando Sentinel

Faculty: Bills could stifle free speech

Legislatio­n would allow students to record lectures without any consent

- By Annie Martin

The Florida Senate could debate on Thursday legislatio­n that supporters say would protect free expression and “viewpoint diversity” at colleges and universiti­es, but many faculty members argue the proposals, which would allow students to record lectures and class discussion­s without their consent, could do the opposite and create a chilling effect on speech.

Faculty leaders at universiti­es across the state are pleading with lawmakers not to exempt their classrooms from laws that typically require all parties to consent to recordings, saying students may be hesitant to discuss sensitive topics honestly if they know their classmates may secretly be recording them.

The legislatio­n also requires universiti­es to survey students, faculty and staff about whether they “feel free to express their beliefs and viewpoints on campus and in the classroom” and says institutio­ns can’t shield them from “certain speech.” The House already has approved its version of the legislatio­n and the Senate’s version is scheduled to come before the full chamber on Thursday.

“What the bill does seek to do is expose students to diverse ideas on campus, including those that are controvers­ial, including those that maybe a majority of students and faculty may hate,” said Rep. Spencer Roach, R-North Fort Myers, who co-sponsored the House version, during a recent committee meeting. “It’s designed to ensure our university campuses remain, what’s been termed, the marketplac­e of ideas and to teach students to confront those ideas, think about them critically and debate them.”

Universiti­es have faced criticism, especially from conservati­ves, that they’ve shunted discourse about unpopular ideas. Proposals similar to the ones introduced during this session have failed in the Legislatur­e in recent years.

But faculty members say aspects of the legislatio­n, especially allowing students to record classes without consent, could hamper discussion­s. The proposal says students would be allowed to record classes for personal use, in connection with a complaint to the institutio­n where the recording was made, or as evidence in or in preparatio­n a criminal or civil proceeding, but faculty members say that once a record is made, it’s nearly impossible to control where it is shared.

Joseph Harrington, chair of the University of Central Florida’s faculty senate, said he and many of his colleagues already record lectures for students’ use. But, he said, there may

be some courses where it would be difficult to encourage debate if students knew they might be recorded.

“I have a hard time imagining students being able to speak honestly and from their own experience, knowing that somebody could record it and they wouldn’t know it,” said Harrington, a professor in the physics department.

The UCF Faculty Senate unanimousl­y passed a resolution last week opposing the legislatio­n, saying allowing students to record all class discussion­s “will have the counterpro­ductive effect of limiting the range of viewpoints expressed in class.”

The Advisory Council of Faculty Senates, which includes faculty leaders from all of the state’s public institutio­ns, passed a similar resolution a few weeks ago. Erin Ryan, a professor of law at Florida State University who helped write the resolution, stressed that she thinks some parts of the legislatio­n are fine and said she’s hoping a lawmaker might introduce an amendment that will allow institutio­ns to prohibit recording in certain classes.

Allowing students to record without consent, she said, could create “a culture of fear that could really undermine student learning.”

“We know that some of the legislator­s that support this legislatio­n are worried about cancel culture and we think the sad irony is that the recording entitlemen­t could heighten these concerns even more,” said Ryan, a professor of law at FSU.

In February, a group that describes itself as a defender of free speech sued UCF, saying the school enacted rules that “restrain, deter, suppress, and punish speech” about political and social issues, particular­ly conservati­ve viewpoints. Speech First, which filed the suit, took aim at the school’s harassment and computer policies, as well as a group of administra­tors called the Just Knights Response Team that is charged with monitoring bias-related incidents.

The group also zeroed in on the recent firing of

Charles Negy, a psychology professor whose Tweets were described as racist by many students and alumni.

Negy was fired in January for “misconduct” in the classroom after a monthslong investigat­ion into complaints about his behavior, including an allegation that he failed to report that a student told him in 2014 she had been sexually assaulted by a teaching assistant.

Negy told the Orlando Sentinel earlier this year he thinks he was targeted by school administra­tors who objected to his social media posts. He said this week he thinks the legislatio­n proposed this year was well intended but could amount to “an empty bureaucrat­ic exercise and little more,” particular­ly the requiremen­t for institutio­ns to survey students and faculty.

“Theoretica­lly, a viewpoint diversity bill would curb the orthodoxy that currently suffocates the unfettered exchange of ideas on college campuses, but if no one truly investigat­es what administra­tors report on annual forms, the bill has no teeth,” Negy wrote in email to the Sentinel.

Universiti­es also have hosted controvers­ial speakers. In 2017, white nationalis­t Richard Spencer rented space at the University of Florida, even as students and faculty members protested. Several attorneys who specialize in First Amendment law told the Sentinel at the time the courts have set a high bar for a public university to deny event space to a controvers­ial speaker.

Robert Cassanello, president of United Faculty of Florida’s UCF chapter, said there’s a long history of fears about “indoctrina­tion” in public universiti­es, dating back to the early 1900s. Today’s lawmakers, he said, should think about how they will be viewed by future generation­s.

Like other profession­als, he said, college instructor­s should leave their personal opinions out of classroom discussion­s.

The current legislatio­n, he said, is “wholly unnecessar­y and comes from a place of ignorance,” said Cassanello, an associate professor in the history department.

Karen Morian, president of the United Faculty of Florida, told a Senate committee recently that lawmakers should look at whether grievances and complaints from students and faculty members have increased. In her research, she said, they had not.

“I ask you, as shepherds of appropriat­ions, not to spend the money on this useless survey, and not to take away the rights of our students to have their thoughts in an open conversati­on,” Morian said.

Sen. Jason Pizzo, D-Miami, said during a Senate appropriat­ions committee meeting recently he shared faculty members’ concerns that students might not want to share sensitive personal informatio­n in class that might later “go viral” and that could have a chilling effect on discussion­s.

Sen. Ray Rodrigues, R-Fort Myers, told the committee that their concerns were valid and said he would work with senators to address them.

“I do think what we’re doing in this bill is the right thing and it is good public policy,” he said.

 ?? RICARDO RAMIREZ BUXEDA/ORLANDO SENTINEL ?? Faculty leaders at universiti­es across the state are pleading with lawmakers not to exempt their classrooms from laws that typically require all parties to consent to recordings, saying students may be hesitant to discuss sensitive topics honestly if they know their classmates may secretly be recording them.
RICARDO RAMIREZ BUXEDA/ORLANDO SENTINEL Faculty leaders at universiti­es across the state are pleading with lawmakers not to exempt their classrooms from laws that typically require all parties to consent to recordings, saying students may be hesitant to discuss sensitive topics honestly if they know their classmates may secretly be recording them.

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