by Luke Sheahan
July 19, 2007
In February, concerned CSU students requested help from FIRE in contesting several unconstitutional policies that restricted students’ expression and assembly on campus. On March 12, FIRE wrote a letter to CSU President Larry E. Penley urging him to change three unconstitutional policies: the Peaceful Assembly at CSU policy and the residence hall Advertising and Hate Incidents policies. On March 28, CSU General Counsel Loretta Martinez informed FIRE that although the Peaceful Assembly policy designates Lory Student Center Plaza as the primary public forum space, CSU in fact maintains “numerous locations where students may and have in the past spoken and protested freely.” In response to the university’s affirmation of the right to free assembly, members of the CSU Campus Libertarians held a rally in celebration of free speech outside of the designated “primary ‘Public Forum’ space.”CSU has now revised its other unconstitutional speech codes as well, and made additional changes to the Peaceful Assembly policy to clarify that free speech is welcome around the campus. The Advertising policy, which used to prohibit the use of any “offensive language” and “references to alcoholic beverages or other drugs,” now prohibits only “obscene language” and provides that advertisements may not “promote illegal behavior.” This is an important distinction, since the old policy was used last year to prohibit the Campus Libertarians from posting fliers supporting a marijuana legalization initiative simply because the posters contained an image of a marijuana leaf. The Hate Incidents policy, which used to prohibit simple “expressions of hostility” in CSU residence halls, now prohibits only true harassment and abuse.“CSU did the right thing: it listened to students, took note of the First Amendment, and revised its policies accordingly,” graduate student Seth Anthony—who led the student campaign for free speech—said. “It just goes to show how students really can have an impact on campus policy, especially with the support of an organization like FIRE.”