East Carolina University: Student Newspaper Adviser Fired After Publication of Streaker Photo

January 6, 2012

On November 8, 2011, independent student newspaper The East Carolinian published an uncensored photo of a streaker at an East Carolina University (ECU) football game. A university administrator warned The East Carolinian’s editor in chief that the newspaper would “face consequences” for the decision to run the photo. On January 4, 2012, ECU fired Paul Isom, the newspaper’s adviser. On January 6, FIRE warned ECU Chancellor Steve Ballard that by firing Isom in retaliation for the newspaper’s editorial decision, ECU had violated the free speech rights of its students. On April 20, 2012, Isom and ECU released a joint statement […]

East Carolina University: Viewpoint Discrimination Against Student Organization

April 21, 2011

The student group Young Americans for Liberty (YAL) at ECU submitted a request to ECU’s Student Government Association to receive funding for its “Hemp Fest” event, which included a request of $150 for the purchase of legal hemp products for display and demonstration. SGA refused to fund this portion of the event, however, saying that it was “combustible” and that it would “not risk tarnishing SGA” in doing so–a clear violation of SGA’s obligation to be viewpoint-neutral in distributing funds allocated from mandatory student fees. After FIRE contacted ECU and reminded its student government of its obligation to uphold YAL’s […]

University of North Carolina System: State of the First Amendment

January 10, 2006

FIRE teamed up with the John William Pope Center for Higher Education Policy to release the Report on the State of the First Amendment in the University of North Carolina System. The Report notes that UNC System’s many speech codes and illiberal restrictions on religious groups would likely not survive a legal challenge. It also reveals that “13 out of the 16 schools in the UNC System have at least one policy that both clearly and substantially restricts freedom of speech.”

REG 07.30.05: Use of University Facilities and Outdoor Facilities Regulation

Speech Code Category: Posting and Distribution Policies
Last updated: August 10, 2016

People responsible for printed materials must refrain from using language, words, design or lettering directed toward and offensive to a member of or a visitor to the university community and must ensure all displayed materials comply with applicable laws, including but not limited to those concerning safety, defamation, and obscenity, or trademark and copyright regulations. Materials that do not comply with these provisions may be removed without notice.

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REG 07.30.02: Assemblies and Public Addresses in Designated Public Forum

Speech Code Category: Protest and Demonstration Policies
Last updated: August 10, 2016

East Carolina University permits assemblies and public addresses (hereinafter referred to as “Event” or “Events”) by University, student, and non-University-sponsored individuals or groups at the University’s Designated Public Forum. Unless an Event is sponsored by a University entity, it will not be allowed in areas or facilities other than the Designated Public Forum.

…

Anyone who wishes to sponsor or organize an Event must apply to the Office of Event Planning & Conference Services, 109 Mendenhall Student Center, Greenville, NC 27834, to submit a request for reservation (“Request”).

a. A Request must be received at least two (2) business days, but no more than three (3) calendar weeks, in advance of the proposed time and date of the Event.

…

“Designated Public Forum” is defined as the area located in the four-sided green space adjacent to the Cupola, which is adjacent to well-traveled pedestrian sidewalks, and has been open to public speech by tradition and administrative approval.  The extent of the site is the area to the South of the Cupola bounded by sidewalks on all four sides.

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RUL 08.05.04: University Student and Employee Computer Use Policy

Speech Code Category: Internet Usage Policies
Last updated: August 10, 2016

Employees and students may access these technologies for personal uses if the following restrictions are followed: … The use does not conflict with appropriate standards of civility and common courtesy or respect for the rights and privacy of others.

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Dean of Students: The East Carolina Creed

Speech Code Category: Policies Restricting Freedom of Conscience
Last updated: August 10, 2016

As an East Carolinian,

• I will carry out personal and academic integrity
• I will respect and appreciate the diversity of our people, ideas, and opinions.
• I will be thoughtful and responsible in my words and actions.
• I will engage in purposeful citizenship by serving as a positive role model.

Adherence to these moral principles is the obligation of every East Carolinian on-and off-campus. In doing so,our individual freedom to learn and a pledge to serve will be preserved.

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REG 11.30.01: Student Conduct Process- 2.4. Harassment, Threats, Bullying or Intimidation

Speech Code Category: Harassment Policies
Last updated: August 10, 2016

2.4. Harassment, Threats, Bullying or Intimidation: Directing action toward a particular individual or group in a manner which is unwelcome and, under the totality of the circumstances, is so severe or pervasive, and objectively offensive that it undermines and/or detracts from the target’s academic pursuits, participation in University-sponsored activities, or employment effectively denying equal access to University resources and opportunities.

…

2.4.2. East Carolina University will also enforce the University of North Carolina Policy 700.4.2, which states:

2.4.2.1. No student shall threaten, coerce, harass or intimidate another person or identifiable group of persons, in a manner that is unlawful or in violation of a constitutionally valid University policy, while on University premises or at University-sponsored activities based upon the person’s race, color, religion, national origin, gender, sexual orientation, gender-identity, creed, disability, or veteran status.

2.4.2.2. No student shall engage in unlawful harassment leading to a hostile environment. Unlawful harassment includes conduct that creates a hostile environment by meeting the following criteria. It is: a. directed toward a particular person or persons; b. based upon the person’s race, color, religion, national origin, gender, sexual orientation, gender-identity, creed, disability, or veteran status; c. unwelcome; d. severe or pervasive; e. objectively offensive; and f. so unreasonably interferes with the target person’s employment, academic pursuits, or participation in University-sponsored activities as to effectively deny equal access to the University’s resources and opportunities.

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POL 05.25.02: Notice of Nondiscrimination and Affirmative Action Policy

Speech Code Category: Harassment Policies
Last updated: August 10, 2016

Harassment – a form of discrimination. Harassment is unwelcome conduct based on a Protected Class, as defined in Section 1.1 above, which creates either quid pro quo harassment or a hostile environment, as defined in Section 4.2.1 and Section 4.2.2, below.

[…]

Hostile Environment Harassment – A “hostile environment” exists when the conduct is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, limits, or deprives an individual from participating in or benefitting from the University’s education or employment programs and/or activities. Conduct must be deemed severe, persistent, or pervasive from both a subjective and an objective perspective.

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REG 11.30.01: Student Conduct Process- 1.3. Scope of the Student Conduct Process

Speech Code Category: Advertised Commitments to Free Expression
Last updated: August 10, 2016

The University embraces and strives to uphold the freedoms of expression and speech guaranteed by the First Amendment of the United States Constitution and the North Carolina Constitution.

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REG 06.40.03: Regulation on Sexual and Gender-Based Harassment and Other Forms of Interpersonal Violence

Speech Code Category: Harassment Policies
Last updated: August 10, 2016

Sexual Harassment is any unwelcome sexual conduct, request for sexual favors, or other unwanted conduct of a sexual nature, whether verbal, non-verbal, graphic, physical, or otherwise, when … Such conduct creates a hostile environment. A “hostile environment” exists when the conduct is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, limits, or deprives an individual from participating in or benefitting from the University’s education or employment programs and/or activities. Conduct must be deemed severe, persistent, or pervasive from both a subjective and an objective perspective.

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Our Opinion: ECU’s Campus Speech Codes Hamstring Students’ Growth

August 9, 2016

By Staff at The Wilson Times Students at East Carolina University are having a rough time transitioning from adolescence to adulthood, with many finding themselves ill-equipped for the rigors of undergrad life… Read more here.

East Carolina fires student media director in wake of campus newspaper streaker photos

January 17, 2012

Near the start of the year, officials at East Carolina University fired Paul Isom, the school’s student media director, without warning or much explanation.  The sudden termination has prompted speculation among the media and free speech advocacy organizations that it was in retaliation for controversial photos published by ECU’s student newspaper.  In November, The East Carolinian published a series of front-page pictures of a streaker racing across the field at halftime of a university football game.  At least one of the shots featured easily-discernible full-frontal nudity. At the time, East Carolinian editor-in-chief Caitlin Hale explained that editors “felt that our audience, which is primarily the ECU student body, […]

ECU asks for OK to release firing details

January 12, 2012

GREENVILLE — An East Carolina University official said Wednesday that the school is seeking consent from Paul Isom, former director of student media, to release confidential personnel information to describe the process that led to Isom’s firing. Isom was dismissed from his role as student media adviser last week, two months after The East Carolinian newspaper published nude photos of a streaker at an ECU football game. Free press and student rights groups have come to the defense of Isom in the past week. A statement from ECU’s attorney, Donna Gooden Payne, said ECU continues to disagree with statements by […]

ECU: Firing is ‘correct and legal’

January 11, 2012

East Carolina University on Tuesday said the termination of its student newspaper adviser was “correct and legal” after First Amendment groups criticized the move. Officials released a statement in response to increasing calls from national free speech organizations to reinstate Paul Isom, who was fired on Jan. 4 from his position as student media adviser, two months after The East Carolinian printed photos of a streaker at a Nov. 5 football game. “East Carolina University is concerned that a decision to change leadership in its director of student media role has been connected to a First Amendment issue without full […]

East Carolinian Editor-in-Chief speaks on the firing of school’s media adviser (exclusive)

January 11, 2012

East Carolina University has yet to provide a reason it fired Paul Isom, the school’s student media director. His firing comes two months after the student paper published a full-frontal photo of a streaker who took the field during a Nov. 8 football game. Isom had been advising student media since 1994 and at ECU since 2008. Members of “The East Carolinian” editorial board say they were told by ECU administrators that they would face “consequences” for printing the photo, an apparent First Amendment violation, but students who work at the paper never expected something like this. Last Wednesday, ECU director […]

ECU defends firing of newspaper adviser

January 11, 2012

GREENVILLE — As criticism mounts over East Carolina University’s firing of the adviser to its student newspaper, a university official on Tuesday defended the dismissal, saying it was related to an undisclosed personnel matter separate from any First Amendment issues. “We ask all advocacy groups and the public to trust our internal process, which has been deliberate, correct and legal, as we move forward to address these two separate issues,” said a prepared statement by Virginia Hardy, vice chancellor for student affairs. ECU officials have been the target of anger after the firing last week of Paul Isom, the director […]

ECU Says Adviser Firing Not First Amendment Issue

January 10, 2012

East Carolina University says the firing of its adviser to the student-run newspaper is not connected to a First Amendment issue of the university interfering with editorial decisions of the paper. Last week Paul Isom was fired nearly two months after The East Carolinian published an uncensored photo of a streaker at a football game. Isom said publishing the photo caused him to be let go as director of student media at the university. A national group, Foundation for Individual Rights in Education, has called for Chancellor Steve Ballard to reinstate Isom, saying his firing violates the First Amendment. But […]

Update: Fight to reinstate former adviser to The East Carolinian heats up

January 9, 2012

GREENVILLE, N.C. – The fight to get the ECU student run newspaper’s student adviser his job back is heating up. Last week, East Carolina University officials dismissed Paul Isom from the job he’s had since 2008. ECU would not comment further stating that it was a personnel issue. Isom says it’s due to the publishing of the full frontal nude pictures of a streaker at an ECU football game. According to the Student Press Law Center, a public institution’s student adviser cannot tell the editors of the paper what to and what not to publish if what they are publishing […]

Playboy’s ‘Smoking Jacket’ Covers Censorship on Campus

December 2, 2013

In a new article, Playboy’s website The Smoking Jacket highlights memorable examples of censorship of sexually themed speech on college campuses. The (safe-for-work!) article features eight examples from American universities and an example from an Australian university, including several from FIRE’s archives. Who could forget the 2011 incident at East Carolina University where the school fired a student newspaper advisor after the paper published an uncensored photo of a streaker? Or Hampton University’s 2006 denial of recognition to an LGBT student group? Or last year’s case from Tufts University, where several members of the men’s crew team were suspended for wearing suggestive T-shirts? Check out The Smoking Jacket for the full […]

‘East Carolinian’ on N.C. Students’ Rights to an Attorney

October 11, 2013

When North Carolina passed the Students & Administration Equality Act (SAE Act) in August, it became the first state in the country to guarantee the right of its public college students and student organizations to be represented by an attorney in non-academic campus disciplinary hearings. Yesterday, in East Carolina University’s (ECU’s) student newspaper The East Carolinian, writer Ryan Clancy reported on the new law, including statements of support from FIRE’s Robert Shibley and remarks from ECU Dean of Students Lynn Roeder, who has reservations about it. According to Roeder, ECU students accused of university violations often had student advocates with them even before the […]

FIRE’s Top 3 Free Press Cases

January 31, 2013

Over the years, FIRE has repeatedly gone to bat for student newspapers and student journalists faced with censorship. That censorship came in many forms, ranging from newspaper theft, reduced support from student activity funds, and the firing of faculty advisors, to prior review and editorial control of content. Since it’s Free Press Week, here, in no particular order, are three of the most egregious examples of free press violations from FIRE’s case archives. 1. Prior Restraint at Quinnipiac University Prior restraint was the censorship tool of choice for administrators at Quinnipiac University (QU) from 2007 through much of 2008. Back […]

Free Speech Victory at East Carolina University: $31,200 Settlement for Newspaper Advisor

April 23, 2012

In a victory for freedom of the press, East Carolina University (ECU) has agreed to pay former student newspaper advisor Paul Isom $31,200 after firing him because the newspaper printed photos of a streaker. FIRE and groups including the Student Press Law Center had helped Isom defend free speech on campus.  As FIRE Senior Vice President Robert Shibley commented to the North Carolina press, “It’s been obvious from the beginning that East Carolina University fired Isom because of the photos, and the university has failed to provide the public with a scrap of evidence to the contrary. It’s unfortunate that […]

Free Speech Victory at East Carolina University: $31,200 Settlement for Newspaper Advisor

April 23, 2012

GREENVILLE, N.C., Apr. 23, 2012—In a victory for freedom of the press, East Carolina University has agreed to pay former student newspaper advisor Paul Isom $31,200 after firing him because the newspaper printed photos of a streaker. The Foundation for Individual Rights in Education (FIRE) worked with Isom in defense of free speech. “It’s been obvious from the beginning that East Carolina University fired Isom because of the photos, and the university has failed to provide the public with a scrap of evidence to the contrary,” said FIRE Senior Vice President Robert Shibley. “It’s unfortunate that the taxpayers of North […]

Weeks Later, No Answers from East Carolina University on Firing of Newspaper Advisor

February 15, 2012

For weeks now, East Carolina University (ECU) has been under pressure from FIRE, the media, and the general public after its firing of Paul Isom, adviser to The East Carolinian student newspaper, after controversial photos of a streaker appeared in the paper’s front pages.  ECU has been torched in the press and deservedly so, given its ham-fisted handling of the case in addition to the firing itself. ECU’s public statements have only fanned the flames, and Adam has appropriately dissected them in a pair of blog posts—the first, on ECU’s statement essentially telling the public, “trust us, we’ve got this”; […]

Media Hammers East Carolina University for Adviser’s Firing

January 20, 2012

Here on The Torch, we last posted about East Carolina University’s indefensible firing of student media adviser Paul Isom a week ago, as Adam took ECU to task for the school’s embarrassing attempts at damage control. In the week since, we’ve been focused on our recent victories at Syracuse University and the University of Florida, but we certainly haven’t forgotten about ECU’s First Amendment violation—and the press hasn’t, either.  Let’s start with the student media. Admirably defending the free press rights of their peer publications, editors at The Spinnaker of the University of North Florida penned an editorial last week […]

East Carolina University Digs Deeper Hole with Second Public Statement in 2 Days

January 12, 2012

Yesterday I deconstructed East Carolina University’s pitiful public statement invoking the “just trust us” defense after it fired the adviser to The East Carolinian because the independent student newspaper (like it or not) published uncensored photos of a streaker at an ECU football game. Today, I repeat: Whoever does damage control over at East Carolina University has been doing a pretty poor job. This is because ECU put out another public statement yesterday, basically claiming that if it only could release confidential information about fired adviser Paul Isom, everyone would know that ECU has been right all along. What’s so […]

East Carolina University’s Pitiful Statement About Firing Advisor

January 11, 2012

Whoever does damage control over at East Carolina University has been doing a pretty poor job. Not only has the university embarrassed itself nationally and locally (Channel 3, Channel 9, Channel 17 …), but now ECU has put out a statement basically saying, “trust us,” as though this will make all those pesky journalists and groups like FIRE, the Student Press Law Center, the National Press Photographers Association, and College Media Advisers go away.  ECU has given the public not a single reason to trust it, having warned the student newspaper, The East Carolinian, that there would be “consequences” for […]

National Press Photographers Association Criticizes ECU Firing of Newspaper Adviser

January 11, 2012

The National Press Photographers Association has joined FIRE, the Student Press Law Center, and the numerous others who have criticized East Carolina University (ECU) for its firing of newspaper adviser Paul Isom. As has now been widely reported, Isom was fired by ECU following the publication of unedited photos of a streaker at an ECU football game published by The East Carolinian, for which Isom served as adviser. FIRE quickly responded to this blatant assault on the newspaper’s rights with a letter to ECU Chancellor Steve Ballard last Friday.  NPPA President Sean D. Elliot writes in the NPPA’s letter: It is […]

Firing of ECU Media Adviser Sparks Widespread Response

January 10, 2012

East Carolina University’s decision to fire its Director of Student Media last week has sparked a widespread response.  For those new to this case, Isom’s termination comes in the wake of a decision by the editorial board of student newspaper The East Carolinian to run uncensored photos of a streaker at an ECU game on the front page of their issue on November 8, 2011. As Jaclyn wrote on January 6, ECU’s Vice Chancellor for Student Affairs Virginia Hardy called the decision to run the photos “in very poor taste,” and noted that ECU officials did not support the decision […]

UCLA Urged to Prioritize Academic Freedom in Search for Public Health Dean

January 10, 2012

At the University of California, Los Angeles (UCLA) School of Public Health (SPH), a search is underway for a new dean to lead the school. Of the many important qualities UCLA will be considering as it assesses potential candidates, it is respect for academic freedom that will ensure the best environment for innovative research the public can trust. FIRE made this point last week in a letter to search committee chair Judy Olian (who is also dean of the UCLA Anderson School of Management).  It is a little sad that FIRE even needs to remind UCLA about respect for academic […]

Groups challenge adviser’s firing

January 10, 2012

by Jackie Drake The Reflector   National advocacy organizations are challenging East Carolina University’s decision to fire the adviser of the student newspaper. The Foundation for Individual Rights in Education sent a letter to Chancellor Steve Ballard on Friday asking the university to reinstate Paul Isom, who was fired Wednesday from his position as student media adviser. The decision came two months after the student-run East Carolinian printed unaltered photos of a nude streaker at a Nov. 5 football game. The university did not publicly release a reason for the dismissal and will not comment further, citing personnel confidentiality. The […]

FIRE Intervenes after East Carolina University Fires Newspaper’s Adviser over Streaker Photo

January 9, 2012

On Friday, Jaclyn wrote about East Carolina University’s ill-advised decision to fire Paul Isom, adviser to student newspaper The East Carolinian, after the newspaper printed an uncensored photo of a man who streaked at a football game. The East Carolinian and the Student Press Law Center had already run stories on the case, and the Chronicle of Higher Education had a story on it by the afternoon. By Friday night, FIRE had intervened with a letter to East Carolina University (ECU) Chancellor Steve Ballard, explaining that the university had violated the First Amendment when it fired Isom. FIRE’s letter pointed […]

Following Publication of Streaker Photos, Student Newspaper Adviser Fired

January 6, 2012

The East Carolinian and the Student Press Law Center both reported yesterday that Paul Isom, Director of Student Media at Eastern Carolina University (ECU), was fired on Wednesday. Isom’s advising portfolio included the campus radio station, television station, yearbook, and several student magazines. But it was a student editorial decision by The East Carolinian, the independent campus newspaper, that apparently landed him in hot water with ECU administrators.  On November 8, 2011, The East Carolinian published uncensored photos—including a sort-of-full-frontal shot—to accompany an article about a streaker at an ECU football game. The pictures prompted some outcry, and copies of […]

Will East Carolina University’s and UC Santa Barbara’s Student Governments Keep Discriminating on the Basis of Viewpoint?

May 6, 2011

FIRE has asked East Carolina University Student Government Association President Tremayne Smith (or his successor—the university’s term is ending imminently) to make it clear that SGA will no longer discriminate on the basis of viewpoint when allocating student activity fee funds. As Peter wrote last month, SGA abused its discretion when it denied most of the funding that the student group Young Americans for Liberty (YAL) had requested for a Hemp Fest event. SGA Treasurer Justin Davis told YAL: [T]he nature of the event is combustible insofar as the Student Government Association’s reputation is concerned.  Appropriations will not risk tarnishing SGA by […]

Despite Viewpoint Discrimination by SGA, Young Americans for Liberty Carries on With ‘Hemp Fest’ at ECU

April 20, 2011

Today at East Carolina University (ECU), the student group Young Americans for Liberty (YAL) is raising awareness about American drug policy, as well as about the practical uses of legal hemp products. They’re doing so with a little First Amendment help from FIRE, but not much from ECU’s student government. I say “not much” because, indeed, ECU’s Student Government Association (SGA)—despite its obligation to uphold viewpoint neutrality in distributing student fees for student group events—decided that protecting its public image was more important than funding a “combustible” event that they apparently believe glorifies drug culture. On March 14, YAL requested […]