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The Mystery of the Missing Free Speech Zone

šóąő¸éˇĄâs has already seen several victories for free expression on campus. Earlier this month, two institutions agreed to revise their speech codes and abolish their âfree speech zonesâ within a day of each otherâbut far too many institutions still maintain such zones. A thoughtful editorial published in the University of South Dakotaâs student-run newspaper on Wednesday criticizing the schoolâs limitations on speech led FIREstaff to take a closer look at USDâs free speech zones, and we made a bizarre discovery.
One of USDâs free speech zones doesnât exist.
USD lists in its âFree Speech Policyâ (PDF) the âAreas available for Free Speechâ: Inman Field, North of Old Main, and âOther areas as approved.â Old Main is easy to find, but we couldnât find Inman Field on USDâs . So my trusty colleague David Deerson called USDâs main office and its director of parking servicesâneither had heard of Inman Field.
Searching the USD website for Inman Field yielded a stating that sporting events used to be held in âInman Field (no longer standing).â Another result displays an issue of USDâs alumni magazine, which features a historical look at USD, including references to . How long exactly has Inman Field been gone?
Broadening the search to the rest of the Internet brought me to this gem: a that cites the book A Celebration of One Hundred Years of South Dakota High School Activities and Athletics and says: âFrom 1907-12, state meets were held at Dakota Field (later site of Inman Field and today where business and law schools sit) at The University of South DakotaâŚ.â Letâs get this straight: At the very least, Inman Field has been out of commission long enough that buildings now sit on it.
°Âłó˛ââhowâwas it ever included in the three-item list of areas available for free speech on campus?
Unsurprisingly, this isnât the only worrisome aspect of USDâs speech codes. The area north of Old Main constitutes only a small percentage of the campus, and in its editorial, USD students are required to fill out a form several days in advance just to be able to use that space. Even more alarmingly, USDâs policy says regarding âfree speech protests/demonstrationâ:
All Free Speech activities will be limited to Monday through Friday, during the hours of 9:00 a.m. â 4:30 p.m. No Free Speech activities will be allowed during the first week of each new semester, the week prior to finals, and the week of finals.
It is unacceptable for a public institution bound by the First Amendment to prohibit students from exercising their right to free speech in the open areas on campus outside of work hours (and I use the term generouslyâFIREstaff is here until at least 5:00) and for six full weeks of the academic year. The First Amendment doesnât take vacations, nor does it have a bedtime. Further, it is mind-boggling that USD would disallow timely public speech relating to important current events if they happen to fall in the wrong 12 percent of the year.
USD must revise its policies to allow students to fully exercise their First Amendment rights. FIREhopes USD students are inspired by The Volanteâs editorial to demand this from administrators. As always, FIREstands by ready to help USD draft policies that comply with its legal and moral obligations.
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