Written by: Sam Smith/Editor-in-chief
The University’s free speech policy poses a threat to first amendment rights, says the Foundation for Individual Rights in Education.
FIU is deemed as having “yellow light” policies by the foundation. This means the University has “at least one ambiguous policy that too easily encourages administrative abuse and arbitrary application.”
FIRE rates universities green, yellow or red light schools based upon their speech-code policies, with green light schools posing no threat to first amendment rights and red light schools “clearly and substantially” restricting freedom of speech.
Student wanting to demonstrate must apply to the Vice President of Student Affairs for the right to do so, should the demonstration attract over 30 individuals.
“I feel like that infringes on a person’s right to protest. By add bureaucratic red tape to the process, it hinders the goal of the movement,” said Ike Ibrahim, a junior chemistry major.
Raul Reis, dean of the School of Journalism and Mass Communication, said that the University’s free speech policy is meant to ensure campus safety.
“Universities are a great place for the exchange of ideas and that includes sometimes demonstrating and protesting. Universities have to set the example. But I understand the rationale if what [the University] is looking for is an organized way of preparing themselves,” said Reis.
Most of the policy is intended to prevent the disruption of classes or traffic, as well as to ensure the safety of demonstrators, students, faculty and staff.
“I understand having cops around to make sure everybody is safe, but this can create an environment in which people don’t want to protest. It’s just such a shame because all of the large societal changes that have occurred is because of protest,” Ibrahim said.
Noel Cerulean also sees the reasoning for such policy, but he thinks it might be restricting.
“Applying to demonstrate a large-scale thing makes sense to me since it would need planning, but at the same time, I don’t think flash demonstrations are bad either,” said Cerulean, a junior dietetics and nutrition major.
Lorna Veraldi, SJMC professor and a New York State Bar lawyer, was concerned with the approval process of the University’s free speech policy.
“When you create time, place or manner regulations, by and large the courts are going to insist that they are content-neutral,” said Veraldi. Content-neutral regulations do not limit any particular speech, but they regulate the circumstances under which the speech takes place.
Veraldi said she was glad to hear that the approval application for demonstration did not require organizations to reveal their purpose or intent.
The only reasons an application can be denied for a demonstration are if it would causes a disruption to normal University activity or previously planned programs, violate the rights of others or if another application for the same time, date and location had already been approved.
Veraldi said that the free speech policy could have a chilling effect on student activists.
“The need that we have to construct this policy in advance probably creates problems that otherwise might not exist. It sounds as if we’re trying to discourage people from expressive activities when, in fact, the motive for it might not be that at all,” Veraldi said.
Free speech zones include the fountain area in front of the Graham Center and the grassy area in front of Einstein Brother’s Bagels at the Modesto A. Maidique Campus. The paved area north of Academic Building I and the grassy area north of the Wolfe University Center are free speech zones at the Biscayne Bay Campus.
These venues have hosted demonstrations ranging from incendiary anti-abortion groups, to cancer awareness memorials, to education programs regarding human trafficking.
“Free speech zones are set up with this name that makes them sound like a positive thing, but I think the impetus behind them is to protect people who might hear messages or be inconvenienced in any way by hearing from people who might disagree with them,” Veraldi said.
The University claims to have the right, should there be a disruption, to have police require those in a demonstration show identification.
“I don’t think [the police] can legally go into a demonstration and start asking everybody for their identification simply for being there,” said Veraldi.
The American Civil Liberties Union provides a guide on how to handle a situation where a person is stopped by police. According to the Union, a person is not required to show identification to police unless they have been stopped in their vehicle.
However, depending on the state, as is the case in Florida, a person having been properly detained must provide their name to a police officer when asked. Florida statutes also say that a person refusing to identify themselves is reason for alarm or immediate concern and could be unlawful.
Giving an officer your name, however, does not require that you give them documentation proving your identification.
“That, I think, is a problem, if they’re claiming they have the right to ID everybody because I think that has a chilling effect on people’s willingness to take part in demonstrations if they think there might be repercussions just for their being there,” Veraldi said.
Moreover, the wording of the policy, that the police have the right to require identification or disburse a demonstration “in the event of a disruption” suggests that even if those demonstrating are peacefully gathered, disruptive hecklers could warrant the removal of an otherwise reasonable protest.
“I thought police already got involved with disruptions anyway. I’ve seen it before,” Cerulean said. “Anything increasing police involvement gets me uncomfortable.”
Veraldi doesn’t believe that the policy was intended to be malicious or particularly limiting to expression, but that the policy might have been unnecessary.
“I’m not so sure we deserve to be a yellow rated school, but we’ve brought it upon ourselves,” said Veraldi.
sam.smith@fiusm.com
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