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University of Arkansas Student Newspaper Reacts to Schoolâs âRed Lightâ Ranking
An in Wednesdayâs edition of The Traveler, the University of Arkansasâ (UAâs) student newspaper, reported that some members of the paperâs editorial staff reacted to the schoolâs âred lightâ ranking in čó±őžé·Ąâs âSpotlight on Speech Codes 2006: The State of Free Speech on Our Nationâs Campuses,â with little more than an âapathetic shrug.â
The reason for the indifference was not that the student editors donât care about UAâs unconstitutional policies concerning speech. They do. As they describe themselves, The Travelerâs staff is a âterribly proud group, always ready to thrust our flaming pens of truth into the air and cry âinjustice!ââ
Rather, the editorial staff explained, itâs just that the paper has unfortunately gotten very used to censorship on campus. The editorial pointed out that â[o]ver the years, the Traveler staff has become inured to the occasional attacks from the administration and student groups, demanding the paperâs speech be ... restricted.â And despite a mealy-mouthed âcommitment to free speechâ offered by William Kincaid, Associate General Counsel for the university, The Travelerâs editorial staff said it took just âa two-second brainstorming sessionâ before the staff thought of other examples of student speech being unfairly and unconstitutionally squelched or quarantined at UA.
What a wretched state our nationâs public universities are in when students are no longer the least bit shocked by the fact that they donât enjoy the full protection of the First Amendment on campus. Has it come to this? Unfortunately, a quick perusal of some of the schoolâs current policies indicates that it has indeed. For example, UA students are forbidden from using the internet to âannoy, harass, threaten, intimidate, terrify, or offend another person by conveying offensive language.â Of course, as any reader of The Torch well knows, the vast majority of âoffensive languageâ is protected by the First Amendment, rendering this regulation void for overbreadthâand thatâs without even mentioning that the intensely subjective nature of what speech can be deemed âoffensiveâ means the rule is equally void for vagueness.
Like too many of their counterparts across the nation, UAâs administrators would be well-advised to rewrite their policies immediately to bring them in line with the Constitution, by which they are both legally and morally bound. (Before they do, they might want to check out čó±őžé·Ąâs Guide to Free Speech on Campus, just to refresh their memories about this whole âFirst Amendmentâ thing.)
But UA students should be equally proactive. Instead of merely shrugging, why not mount a constitutional challenge to these policies in district court? Heck, we know a few good lawyers. And just think how great âHelped repeal unconstitutional speech codesâ would look on your law school application.
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