Indiana University South Bend: Student Sanctioned for ‘Vagina Monologues’ Interview

April 2, 2007

Indiana University-South Bend reversed its punishment of a student reporter who was found guilty of “conduct that is lewd, indecent or obscene” for interviewing members of a campus group about their production of the play “The Vagina Monologues.” Student Robert Francis appealed to FIRE, which successfully pressured the university to overturn its unjust decision.

Code of Student Rights, Responsibilities, and Conduct: Responsibilities

Speech Code Category: Harassment Policies
Last updated: March 20, 2017

Verbal abuse of another person, including the following:

1. An express or implied threat to:
   1. Interfere with an individual’s personal safety, academic efforts, employment, or participation in university-sponsored activities and that under the circumstances causes the person to have a reasonable apprehension that such harm is about to occur; or
   2. Injure that person, or damage his or her property; or
2. “Fighting words” that are spoken face-to-face as a personal insult to the listener or listeners in personally abusive language inherently likely to provoke a violent reaction by the listener or listeners to the speaker.

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Code of Student Rights, Responsibilities, and Conduct: Right to Freedom from Harassment

Speech Code Category: Harassment Policies
Last updated: March 20, 2017

Discriminatory harassment is defined as conduct that targets an individual based upon age, color, religion, disability, race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, marital status, or veteran’s status and that adversely affects a term or condition of an individual’s education, housing, or participation in a university activity; or has the purpose or effect of unreasonably creating an intimidating, hostile, or offensive environment for academic pursuits, housing, or participation in university activities.

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Policy UA-03: Sexual Misconduct

Speech Code Category: Harassment Policies
Last updated: March 20, 2017

Sexual harassment is unwelcome conduct or behavior of a sexual nature. Sexual harassment includes sexual violence (see definition). Both violent and non-violent sexual harassment is prohibited. Sexual harassment can include unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal, written, electronic (e.g. by e-mail, text, social media, etc.), or physical conduct of a sexual nature. Sexual harassment occurs when: …  such conduct is sufficiently severe, pervasive or persistent to limit or deny a person’s ability to participate in or benefit from the University’s educational programs or affects employment, creating a hostile environment.

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Code of Student Rights, Responsibilities, and Conduct: Freedom of Association, Expression, Advocacy and Publication

Speech Code Category: Advertised Commitments to Free Expression
Last updated: March 20, 2017

In accordance with the state and federal Constitution and university policy, the university recognizes the rights of all students to engage in discussion, to express thoughts and opinions, and to assemble, speak, write, publish or invite speakers on any subject without university interference or fear of university disciplinary action.

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Inside the Bizarre Right-Wing Political Correctness Movement That Threatens Free Speech

November 14, 2015

By Zaid Jilani at AlterNet  Raucous protests at the University of Missouri, Ithaca College and Yale have highlighted the tension between students who desire a tolerant campus and the American value of free speech. Most of the discussion about these events in the media portrays a struggle between left-wing students and administrators trying to implement diversity and speech codes versus right-wing students and administrators trying to protect certain kinds of speech. But political correctness is far from just a left-wing phenomenon, and there are many instances of right-wingers trying to silence speech on campus. Here are some of the ways […]

This Month in FIRE History: Florida College Bans ‘The Passion of the Christ’

January 29, 2009

In ten years, FIRE has seen astounding double standards at work on campuses across the country. However, even we were shocked by our case at Indian River Community College (IRCC) in January 2005, one of the worst cases of hypocrisy FIRE has ever seen. The case began when IRCC prevented the Christian Student Fellowship (CSF) from advertising and holding a viewing of the film The Passion of the Christ. IRCC justified its action by stating that the film was “R-rated” and “controversial,” but FIRE didn’t have to look hard to find evidence that the school had hosted R-rated films in […]

This Month in FIRE History: IUSB and Double Standards for Student Speech

September 18, 2008

In our nearly ten-year history, FIRE has seen many absurd cases in which students have been punished for exercising their First Amendment rights. One of our more interesting cases was finally resolved last September, when Indiana University–South Bend overturned its punishment of student reporter Robert Francis, whose only offense was asking questions of an actress in the cast of The Vagina Monologues. The play, which includes a great deal of graphic language and sexual content, is dedicated to the “celebration of female sexuality,” but Francis’s questions in a similar vein were deemed “lewd, indecent or obscene.” Francis got in trouble […]

IUSB Vindicates Student in ‘Vagina Monologues’ Case; Concerns Remain

September 20, 2007

Today FIRE announced that Indiana University–South Bend (IUSB) has made a significant step in reversing its series of unjust actions against student journalist Robert Francis. Francis was covering a production of “The Vagina Monologues” for the campus newspaper back in February when he interviewed students and professors appearing in the play about their roles. Being an interview about “The Vagina Monologues,” the interview topics were on the racier side of the spectrum, but Francis maintains that he broached only topics raised by the actresses and the play themselves. During Francis’s interview, one actress openly discussed her role in the play—that […]

Victory for Freedom of Speech at Indiana University–South Bend

September 20, 2007

SOUTH BEND, Ind., September 20, 2007—Indiana University–South Bend (IUSB) has reversed its punishment of a student reporter who was found guilty of “conduct that is lewd, indecent or obscene” for interviewing members of a campus group about their production of the play “The Vagina Monologues.” Student Robert Francis appealed to the Foundation for Individual Rights in Education (FIRE), which successfully pressured the university to overturn its unjust decision. “FIRE is pleased that IUSB correctly reversed its decision to punish Robert Francis for engaging in constitutionally protected speech and journalistic investigation,” FIRE President Greg Lukianoff said. “But the case against Francis […]