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Education Title: After University of Nebraska censors pro-capitalism club, lawmakers offer bills to protect free speech As free speech on college campuses faces continued attack, Nebraska is taking steps to ensure its own public colleges dont join the censorship parade. Two bills in the unicameral Legislature dealing with the free speech and press rights of students were introduced last month. Republican Sen. Steve Halloran introduced the Higher Education Free Speech Accountability Act (LB-718), which would protect free speech rights for students in Nebraska public higher education. LB-886, which has no formal name, is sponsored by Democratic Sen. Adam Morfeld. It would protect student journalism rights in both K-12 and higher education in the state. Morfeld told The College Fix in a phone interview he had a personal interest in the bill he introduced: When I was a high school student in South Dakota, I had a high school principal censor a publication I created. The bills are under consideration on a major anniversary in the history of student media. Thirty years ago last month, the Supreme Court gave administrators broad leeway to censor student media in its Hazelwood ruling. Sarah Nichols, JEA (@jeapresident) January 31, 2018 Increased sanctions for repeat violators Both Nebraska bills followed controversy last year at the University of Nebraska-Lincoln, where a graduate student and professor protested a student who was tabling for the schools Turning Point USA chapter. A university employee also told the student, Kaitlyn Mullen, she couldnt hand out the groups pro-capitalism propaganda outside the schools free-speech zone. The university stripped teaching duties from the grad student, Courtney Lawton, after a recording of her went viral. She had referred to Mullen as a neo-fascist and Becky, a slur for white woman. Lawtons contract was not renewed, and the incident led the schools news director to resign as well. Last week the university systems regents approved a four-page Commitment to Free Expression statement that promises to uphold students First Amendment rights and to actively promote freedom of expression. Sen. Hallorans bill would functionally prohibit Nebraskas public colleges from forcing students to use free-speech zones if they want to express themselves, as Turning Point USA was told last summer. It would designate public areas on campus traditional public forums, open on the same terms to any speaker, and bar colleges from disinviting speakers invited by students or faculty. The University of Nebraska regents would have to adopt a statement specifying that it is not the proper role of the campus to shield individuals from speech protected by the First Amendment even speech that some find unwelcome, disagreeable, or even deeply offensive. The bill also requires colleges to sanction students and employees whose protests and demonstrations materially and substantially infringe upon the rights of others to engage in or listen to expressive activity
including increased sanctions for repeat violators. To ensure free speech is enforced, the bill requires the regents to create a Committee on Free Expression composed of faculty, regents and students. Each year it would submit a report on public campus incidents where free expression was disturbed. University promises arent enough In an amendment he filed last week, Halloran expanded the scope of the bill beyond the University of Nebraska to state and community colleges. The revision also explicitly protected counter demonstrations as long as they dont materially and substantially disrupt others activities or the functioning of the school. Putting this bill into law will permanently protect students free speech rights, Joe Cohn, policy director for the Foundation for Individual Rights in Education, told The Fix in a phone interview. He testified in favor of the bill this week. The group had pledged to work with Nebraska lawmakers to refine the language in the Halloran and Morfeld bills soon after they were introduced, to ensure that student rights are best protected on campus. Halloran did not respond to repeated emails from The Fix throughout the second half of January. A staffer in Hallorans office told The Fix Monday he might call back, but he has not. The lawmaker argued for the continued relevance of his bill following the University of Nebraskas statement on free expression at an Education Committee hearing Tuesday, the Omaha World-Herald reported. Halloran offered another amendment not yet added to the bills summary page that he said would leave more decisions about free speech policies to the college and university governing boards, according to the World-Herald. FIREs Cohn testified in favor of the bill and said the University of Nebraska has not turned the corner to now be a bastion of free speech simply because of its new statement on freedom of expression. Another person testifying read a statement from Lawton, the sanctioned grad student, who accused Halloran of lies and distortions and said Republicans believe in suppression of dissent. Post Comment Private Reply Ignore Thread |
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