Legislators push campus free-speech bill
— enhancing what some say is free speech on campuses.
A pair of conservative Ohio House members soon will introduce the bill, which they say would ensure free speech
The latest national trend in higher education might soon find its way to Ohio is fully available on college campuses across the state.
University representatives question the need for the legislation, but supporters point to some incidents in Ohio, including Ohio State University’s recent ban on dorm window decorations.
The bill would prohibit universities from taking action that chills free expression; from limiting speech to areas commonly known as “free speech zones”; and from canceling speakers based on potential protests.
“We all have a First Amendment right to say our ideas,” said Rep. Andrew Brenner, a Republican from Powell who is sponsoring the bill with fellow Republican Wesley A. Goodman of Cardington.
“I don’t want an Orwellian state where a university or any group of individuals say you have a right to say a certain thing a certain way, but if you say it differently, we’re going to repress your speech.”
Brenner said a number of conservative organizations feel their speech is being repressed.
But the Inter-University Council of Ohio, which represents Ohio’s 14 public four-year state universities, doesn’t see it.
“The state probably can’t add much to what the Constitution already does,” said Bruce Johnson, president of the council. As a former legislator and chairman of the Senate Judiciary Committee, “I’m always concerned when the state is trying to duplicate U.S. constitutional issues in statute.”
Campus free-speech bills have become a trendy higher-education policy issue across the country, particularly among conservatives, said Thomas Harnisch, director of state relations and policy analysis for the American Association of State Colleges and Universities.
“There isn’t a need for broad, prescriptive state legislation when this could better be handled at the campus level,” Harnisch said. “The law is very clear about this. The First Amendment protects the rights of students, with certain limits on time, place and matter.”
Speeches and demonstrations happen all the time, Harnisch said, and colleges don’t typically step in unless there is substantial risk of violence.
At least six states — Arizona, Colorado, North Carolina, Tennessee, Utah and Virginia — have passed similar laws, and legislation has been introduced in 16 other states. In June, Louisiana Gov. John Bel Edwards vetoed a campus speech bill, calling it “a solution in search of a problem.”
Some say the recent spate of bills has been prompted by such news media outlets as Fox News, promoting a narrative that universities are trying to shut down conservative speech.
Conservative groups were on hand to support the Ohio bill, including the Ohio State University chapter of Young Americans for Freedom and Students for Life.
Citizens for Community Values President Aaron Baer pointed to a 2013 incident at Columbus State Community College in which a pro-life student was told he needed a permit for a rally and could hand out fliers only in a specific part of the Columbus State campus. The student sued, and the college settled, agreeing to loosen its restrictions.
“This bill is about ensuring there is broad and open free speech, so we can engage in meaningful discussion,” Baer said.
Gary Daniels, chief lobbyist for the American Civil Liberties Union of Ohio, said the group shares concerns about free speech on campus, but he declined to comment on the specific bill until he has time to review it.
Campuses are not concerned about the content of demonstrations, Johnson said, but some universities impose time and place restrictions to avoid academic disruptions.
“There can be restrictions, but they are content neutral until they create a clear danger to students or campus safety,” he said. The proposal also would:
Make student activity fees optional.
Require universities to distribute student activity fees in a manner neutral to each organization’s viewpoints.
Allow state or federal lawsuits against institutions for violations.
The bill announcement came two weeks after a deadly protest near the University of Virginia in Charlottesville involving white supremacists clashing with counter-protesters.
Ohio is home to one of the most infamous fatal campus demonstrations in the nation’s history. On May 4, 1970, four students were killed and nine injured when the Ohio National Guard opened fire during Vietnam War protests at Kent State University.
The bill would allow campuses to take proper action if there is a true threat or harassment, Goodman said. “That is not expression. That’s violence.”
But Brenner added that “the threat of potential violence” isn’t a reason to stop a demonstration. “If that happens, the people who are using fascist-type tactics to squelch speech, they win.”
Harnisch said that nationally, such bills are generally redundant, micro-managing or even dangerous, in that they tie the hands of campuses to make their own decisions about safety.
“It’s unfortunate that some have misconstrued the campus role in managing events as suppressing speech,” he said.