West Virginia University adopts watered-down free-speech rules
By The Associated Press
11.11.02
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MORGANTOWN, W.Va. — Divided but determined to end a long-running controversy, the Board of Governors late last week endorsed a watered-down set of rules governing demonstrations at West Virginia University.
The policy adopted Nov. 8 with a split voice vote bears some resemblance to the original, which prompted a Virginia-based civil liberties group to sue the school over constitutional issues earlier this year.
But the provision many saw as the fundamental defect — a requirement that large groups gather in designated free-speech zones — was eliminated.
The administration had repeatedly sought to force what it defined as large groups into certain areas, with "large" deemed 15, then 50, then finally deleted. Although free-expression zones still remain and are recommended for WVU and its regional campuses, their use is no longer mandatory.
The Rutherford Institute, based in Charlottesville, Va., immediately claimed victory.
"We will continue to monitor the situation on campus for positive signs that the school intends to follow through with the revised policy," said John W. Whitehead, the group's president.
Free-speech zones would have limited the more than 23,000 students in Morgantown to less than 5% of the total campus area, Whitehead said.
Areas traditionally considered appropriate for public expression would have become off-limits, including outdoor areas, the student union and the campus newspaper building.
Students for Economic Justice would not have been allowed to picket corporate recruiters outside the business school, while minority students could not have gathered outside the Center for Black Culture and Research.
The only restriction that now remains in place is a prohibition on knowingly protesting within 8 feet of another person, without that person's consent, near the entrance to campus health-care facilities.
WVU President David Hardesty has said he needs a policy to maintain order, to prevent problems and to remind students who are not participating in demonstrations that others have the right to.
He also says campus police need clear guidelines on when and how to intervene if there is a disturbance.
Lawyer Steve Goodwin, a board member who spoke against the policy in September, remained opposed to it on Nov. 8. Another board member did not appear to vote and a third joined Goodwin in voting no.
"I don't think it's appropriate or necessary," Goodwin said, adding he does not believe the rules could withstand a constitutional challenge.
Like students and faculty who opposed the policy, Goodwin argued the U.S. Constitution and local and state laws offer adequate guidance for freedom of expression.
A policy creating the free-speech zones first appeared in a student handbook in 1995. Enforcement began five years later, when students picketed companies that were recruiting on campus.
Students began publicly demonstrating in February, enlisting the support of groups like the Rutherford Institute and the Foundation for Individual Rights in Education.
Previous
Students challenge campus free-speech restrictions
Plaintiffs want federal judge to declare policy governing protests at West Virginia University a violation of First Amendment rights.
06.07.02
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