James Madison University: Photographs Seized from Student Newspaper

January 2, 2002

In April 2010, the Rockingham County, Virginia, prosecutor Marsha Garst sent a large group of police officers to the offices of James Madison University (JMU) student newspaper The Breeze with an improper warrant to seize photographs of the annual Springfest party near campus. The party had drawn about 8,000 people—students and non-students—and caused substantial public disorder, including violence. There were dozens of arrests, and The Breeze was there taking pictures. The prosecutor seized about 1,000 photos, including many entirely irrelevant ones, but almost immediately gave them back because they had been seized improperly. After various negotiations, Garst apologized and had […]

Student Handbook: Standards & Policies- Sexual Misconduct

Speech Code Category: Harassment Policies
Last updated: August 22, 2017

Sexual Harassment – unwelcome or offensive sexual advances, requests for sexual favors, sex-based harassment directed toward stereotypical notions of what is female/feminine or male/masculine or a failure to conform to those gender stereotypes, or other conduct of a sexual nature that creates a hostile environment or is a term or condition of employment, education, or membership including:

• Verbal Conduct – including but not limited to specific demands for sexual favors, sexual innuendoes, sexually suggestive comments, jokes of a sexual nature, sexual propositions, or sexual threat
• Non-verbal Conduct – including but not limited to sexually suggestive emails, other writings, articles or documents, objects or pictures, graphic commentaries, suggestive or insulting sounds or gestures, leering, whistling, or obscene gestures
• Physical Conduct – including but not limited to touching, pinching, brushing the body, or any unwelcome or coerced sexual activity, including sexual assault

[…]

Hostile Environment: A hostile environment may be created by oral, written, graphic or physical conduct that is sufficiently severe, persistent or pervasive and objectively offensive that it interferes with limits or denies the ability of a person’s ability to participate in or benefit from the Institute’s educational programs, services, opportunities, or activities or the individual’s employment access, benefits or opportunities.  Mere subjective offensiveness is not enough to create a hostile environment.

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Student Handbook: Standards & Policies- Soliciting, Petitioning, Selling, Surveying & Publicizing

Speech Code Category: Protest and Demonstration Policies
Last updated: August 22, 2017

J36-101.1 Students or student organizations must obtain written approval from the coordinator of clubs and organizations, before petitioning or surveying students.

» Read More

Appropriate Use of Information Technology Resources

Speech Code Category: Internet Usage Policies
Last updated: August 22, 2017

As a user of JMU information technology resources, each user shall: … 

• respect the privacy and personal rights of others including, but not limited to the right to be free from intimidation or harassment

[…]

• not use university information technology resources for personal/financial gain, political activities, or fraudulent, harassing or illegal activities.

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Student Handbook: Students’ Rights and Responsibilities

Speech Code Category: Advertised Commitments to Free Expression
Last updated: August 22, 2017

The student as a citizen has the rights of freedom of speech, freedom of the press, freedom of peaceful assembly and association ….

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Student Handbook: Standards & Policies- Harassment, Bullying, and/or Stalking

Speech Code Category: Harassment Policies
Last updated: August 22, 2017

Harassment is generally defined by JMU as unwelcome or offensive physical, verbal, or non-verbal conduct that shows aversion or hostility toward a person that creates a hostile environment or is a term or condition of employment, education, membership, or participation in programs, services, opportunities, or activities. Under J16-100 Harassment, Bullying and/or Stalking, harassment of any kind is prohibited, including but not limited to harassment based on a person’s protected class (e.g. a person’s age, color, disability, gender, gender identity, genetic information, national origin, parental status, political affiliation, race, religion, sex, sexual orientation, or veteran status). Harassment based on a person’s gender, gender identity, sex, or sexual orientation may also be addressed by JMU Policy 1340 and J34-100 Sexual Misconduct.

A hostile environment may be created by oral, written, graphic or physical conduct that is sufficiently severe, persistent or pervasive and objectively offensive that it interferes with limits or denies the ability of a person’s ability to participate in or benefit from the Institute’s educational programs, services, opportunities, or activities or the individual’s employment access, benefits or opportunities. Mere subjective offensiveness is not enough to create a hostile environment.

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Right of Expression Policies

Speech Code Category: Protest and Demonstration Policies
Last updated: August 22, 2017

JMU seeks to preserve students’ privileges to take active roles in exercising their rights of expression, conscience, affiliation, and peaceful assembly. At the same time, the university also recognizes its responsibility to ensure the rights and freedom of those who want to pursue their educational interest without interference. The following restrictions are designed to be in compliance with the Code of Virginia section 23-9.2:13 and are narrowly tailored to serve the University’s interest of maintaining the educational and business operations of the university without regard to the content of such expression.

J32-103 Blocking or impeding vehicular or pedestrian traffic is prohibited.

J32-104 Blocking access to or from campus buildings or offices is prohibited.

J32-106 Observers may not interfere with participants of the demonstration or assembly in any way.

J32-107 Activities of participants or observers that disrupt or disturb classes, meetings or any other normal functions of the university are prohibited.

J32-108 All individuals participating in or observing a demonstration or peaceful assembly must comply with any request of campus police.

J32-109 Bannering or picketing that interferes with the normal operations of the buildings will not be permitted.

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Feds Fuel Anti-Sex Inquisition on Campus

April 15, 2016

By Robby Soave at The Daily Beast A male student scored a major victory in his lawsuit against the University of Southern California, which kicked him off campus for a remarkable non-crime: failing to de-escalate an orgy. This was a crazy case, and the decision in his favor impugns not just USC, but the federal government’s entire strategy to combat rape by making colleges deal with it… Read more here.

Out of Balance

April 14, 2016

By Jake New at Inside Higher Ed Last week, the California Court of Appeals ruled against the University of Southern California in a lawsuit brought by a student suspended for allegedly sexually assaulting a woman during group sex… Read more here.

James Madison Piles on Speech Restrictions, Losing ‘Green Light’ Rating

September 19, 2014

By Greg Piper at The College Fix By enacting an undefined “bullying” policy, 48-hour preregistration requirement for student demonstrations and other speech-chilling policies – and breaking its vow to “fully comply” with its First Amendment obligations to students – James Madison University has lost its stellar rating from the Foundation for Individual Rights in Education. The group downgraded JMU to “yellow light” from its previous “green” rating for excellent speech protections, saying the school failed to heed “several warnings” from the group over the past two years – despite the university’s general counsel promising a policy review last November: For example, the term “bullying”—left […]

Examiner Local Editorial: Muzzling free speech on campus

January 2, 2013

One New Year’s resolution we’d like to see in 2013 is a renewed effort to uphold the First Amendment on college campuses. According to a new report by the Foundation for Individual Rights in Education, or FIRE, 62 percent of the nation’s colleges and universities “maintain severely restrictive speech codes … that clearly and substantially prohibit protected speech.” FIRE noted that the overwhelming majority of speech is protected. But narrow exceptions (such as “fighting words,” obscenity and defamation) “are often misused and abused by universities to punish constitutionally protected speech.” Restrictions intended to protect students from harassment or bullying have been […]

You Can’t Say That Here — This Is a University!

November 2, 2010

by A. Barton Hinkle Richmond Times-Dispatch Teresa Sullivan has been in the president’s office for only a brief period, but the University of Virginia already has made a tremendous improvement on her watch. The Foundation for Individ ual Rights in Education (FIRE), an organization dedicated to protecting free speech on campus, reports that it has conferred its green-light award on Mr. Jefferson’s university. UVa thereby becomes one of only 13 colleges in the nation — William & Mary is another — to receive the rare designation, which the Charlottesville school earned by revising its egregious speech codes. Those speech codes […]

James Madison University reportedly orders alleged sexual assault victim not to go public

April 17, 2018

FIRE has repeatedly made the point that the current broken state of sexual misconduct and other Title IX procedures on today’s campuses is poorly serving both accusers and the accused. Last week I wrote about a situation that’s unfair to the accused. This week, it’s an accuser’s turn to face injustice. James Madison University, a public university in Virginia, has reportedly told a campus sexual assault accuser that going public with her accusation could violate university rules against trying to influence the outcome of her case. As JMU’s newspaper The Breeze reports: Caroline Whitlow, a sophomore social work major, says […]

Former FIRE Intern on James Madison U.’s Step Backward

September 23, 2014

Former James Madison University student and 2012 FIRE summer intern Luke Wachob wrote to JMU student newspaper The Breeze on Sunday, urging JMU to bring its policies back in line with the First Amendment. As my colleague Samantha Harris reported last week, JMU has lost its “green light” rating in our Spotlight database because it has implemented new policies that can be used to suppress or punish constitutionally protected expression. Unfortunately, FIRE’s warnings about JMU’s Spotlight status and our reminders about the public institution’s legal and moral obligations under the First Amendment to protect student speech did not persuade JMU […]

James Madison University Loses Its ‘Green Light’ Rating

September 19, 2014

After failing to heed several warnings from FIRE about new speech codes, James Madison University—which FIRE at one point named one of the seven best colleges for free speech—has lost its “green light” rating. This is particularly disappointing news given how hard a dedicated group of JMU students worked to bring about speech code reform and how proud those students were of their university’s green light rating. JMU first earned a green light in the fall of 2011 after nearly two years of behind-the-scenes work by FIRE and members of the Madison Liberty student group. Unfortunately, by the fall of […]

How One JMU Student Worked to Eliminate Restrictive Speech Codes

September 25, 2013

James Madison University is one of the few schools to have FIRE’s “green light” rating, but JMU wasn’t always a green light school. In October 2009, FIRE began working with James Madison University students to reform the school’s restrictive speech codes. In this video interview, JMU alumnus and former FIRE intern Luke Wachob explains how, over the course of two years, he worked with his peers to revise campus speech codes, turning JMU’s “red light” to green. A speech code is any university regulation or policy that prohibits expression that would be protected by the First Amendment in society at […]

On Working with Administrators: Five Principles for Student Activists

August 2, 2013

by David Hicks David Hicks is a FIRE summer intern. At FIRE’s sixth annual CFN Conference, past-FIRE intern Luke Wachob talked about his student group’s work at James Madison University to bring his school from a FIRE “red light” to a “green light” rating by changing unconstitutional speech codes on the campus. He highlighted the willingness of JMU’s administrators to work with, rather than against, students to reform these policies. After years of cooperation, JMU administrators and students are now able to stand together in their respect for free speech. Like the students at JMU, I have had positive experiences […]

JMU Celebrates Its Spot in FIRE’s Top 7

September 20, 2012

It is certainly an honor to join the exclusive group of schools that earn FIRE’s “green light” rating in our Spotlight database. But James Madison University (JMU) took it one step further and made FIRE’s 2012 list of the seven best colleges for free speech. Check out this article in JMU’s student newspaper, The Breeze, praising its spot in our top seven.

James Madison Student Praises ‘Vibrant’ Free Speech Wall

May 11, 2012

Last month, I wrote a Torch post highlighting student activism that took place on campuses across the country during Free Speech Week, April 1-8. For one of the most popular demonstrations, many student groups built free speech walls to provide an open forum for student expression. Students constructed temporary walls out of cardboard or wood, or covered building walls with paper, and provided markers for fellow students to write, draw, or post anything they wanted. Student group Madison Liberty at James Madison University (JMU) decided to host a wall, and I recently came across a blog post about their experience […]

JMU ‘Breeze’ Brings Further Recognition to ‘Green Light’ Rating

September 22, 2011

We’re glad that James Madison University’s (JMU’s) student newspaper, The Breeze, is bringing awareness to the university’s recently earned spot on FIRE’s “green light” list, with articles published today and Monday. As we reported last week, JMU eliminated the last of its unconstitutional speech codes, upgrading the school to a “green light,” the best rating in our Spotlight database. In today’s article, reporter Zachary Mehan writes: For students, a recent change to the speech code at JMU, means they can speak freely and openly in class and around campus. The change led to recognition by the Foundation for Individual Rights […]

Praise for New ‘Green Light’ Rating in James Madison University Student Newspaper

September 19, 2011

Last week, we reported that James Madison University (JMU) is the 15th university in the nation to earn FIRE’s best, “green light” rating by eliminating the last of its speech codes. An article in today’s edition of JMU’s student newspaper The Breeze praises the university for this victory for students’ rights and extolls the virtues of freedom of speech. Lucas Wachob of The Breeze writes: Freedom of speech is perhaps the most widely embraced political ideal in American history. It was singled out for protection from the federal government as early as the First Amendment, extended to the states and localities by […]

Kelly Jemison on JMU’s New Green Light Rating

September 14, 2011

When James Madison University (JMU) became our newest green light school this week, perhaps no one was more thrilled about this important development than Kelly Jemison. Kelly, a recent JMU graduate, contacted FIRE in 2009 because she wanted to reform her school’s policies. She worked with administrators to make the necessary changes, but when she graduated there was still one yellow light policy on the books. Even though she was no longer on campus, Kelly made sure that her student group, Madison Liberty, kept up the effort. Their persistence paid off this week as JMU became just the 15th green light […]

FIRE Congratulates James Madison University for Abolishing Speech Codes

September 14, 2011

FIRE is proud to announce that James Madison University (JMU) has eliminated the last of its speech codes, earning our highest, “green light” rating for free speech. While two-thirds of the nation’s colleges maintain policies that clearly and substantially restrict freedom of speech, JMU is now a proud exception, having fully reformed four speech codes. JMU is the 15th school nationwide to earn a “green light,” the fourth to do so in the last two years, and the third in Virginia. In each case, students took up the cause of speech-code reform with FIRE’s help. As Greg said in yesterday’s […]

Should Adjuncts Keep Their Mouths Shut?

March 17, 2011

James Madison University adjunct (now former adjunct) professor Isaac Sweeney suggests that they should, if they want to keep their jobs.

Virginia Newspaper Touts Growing Number of ‘Green Light’ Schools

February 8, 2011

With only 14 “green light” colleges and universities in the entire country, the state of Virginia should be proud to be home to two of them. Writing in the Daily Press (Hampton Roads, Va.), Michael F. Cochrane commends the University of Virginia (UVa) and The College of William & Mary for preserving free speech on campus: As Virginians we can be justly proud that our state has some of the top colleges and universities in the nation. We have colleges that are ranked nationally in sports and academic achievement. But now we have a new reason for pride: The Foundation […]

More Praise for UVA’s New ‘Green-Light’ Rating

January 17, 2011

In a column for Townhall.com, Mike Adams praises the University of Virginia (UVA) for going from a red-light to a green-light school by eliminating the last of its unconstitutional speech codes back in October. Adams describes how FIRE staff encouraged Dean Allen Groves to implement the essential policy reforms: FIRE began working with UVA administrator Dean Allen Groves in April 2010 after Adam Kissel gave a lecture on free speech that was hosted by two UVA student groups – Students for Individual Liberty and Liberty Coalition. Shortly thereafter, Dean Groves received a letter from FIRE, which provided detailed objections to […]

‘Volokh Conspiracy’ and Local Media Decry Virginia Speech Codes

November 3, 2010

Ever since the University of Virginia (UVa) eliminated all four of its speech codes to earn FIRE’s coveted “green light” rating, local and national media have put the spotlight on the speech codes remaining at other public universities in Virginia. When FIRE announced the news, we noted that UVa joins The College of William & Mary as two Virginia institutions in an elite group of 13 “green light” schools and that we are now turning our attention to three more Virginia public universities: George Mason, rated “red light,” and James Madison and Virginia Tech, both rated “yellow light.” How bad for free speech are these three […]

James Madison University Newspaper Reacts to UVa’s New Green Light Rating

November 1, 2010

This past Thursday, we praised the University of Virginia (UVa) for eliminating the last of its unconstitutional speech code policies, earning it a coveted spot on our list of 13 “green light” schools. We noted that UVa joins its fellow Virginia public institution The College of William & Mary on this list—and that we’re now focusing our attention on the three other Virginia public universities that are not yet green-lighted, including James Madison University (JMU). JMU’s student newspaper, catching wind of this effort, writes about it in today’s edition of The Breeze, highlighting the policies that keep the institution at […]

Out of 1,000 James Madison University Student Newspaper Photos Seized Improperly by Virginia Prosecutor, She Gets 20

June 2, 2010

In April, I reported that Rockingham County, Virginia, prosecutor Marsha Garst had sent a large group of police officers to the offices of James Madison University (JMU) student newspaper The Breeze with an improper warrant to seize photographs of the annual Springfest party near campus. The party had drawn about 8,000 people—students and non-students—and caused quite a bit of public disorder, including violence. There were dozens of arrests, and The Breeze was there taking pictures. The prosecutor seized about 1,000 photos, including many entirely irrelevant ones, but almost immediately gave them back because they had been seized improperly. This Tuesday, […]

SPLC Rounds Up Media Reactions to Raid of JMU Newspaper

April 21, 2010

The Student Press Law Center has done a great job rounding up media reactions across Virginia to the recent seizure of pictures from the James Madison University student newspaper, The Breeze, upon which FIRE reported yesterday. Suffice it to say that the media is not amused. For instance, The Richmond Times-Dispatch wrote: The First Amendment is not some sort of immunity totem from a reality show, granting journalists the license to do whatever they please without consequence. They cannot, for instance, refuse to disclose the location of a kidnapped child under the guise of being a ‘neutral observer’ of the […]

1,000 James Madison University Student Newspaper Photos Seized Improperly by Virginia Prosecutor

April 20, 2010

She’s no Mike Nifong, but Rockingham County, Virginia, prosecutor Marsha Garst has something to answer for. Ten days ago, the annual Springfest party near James Madison University (JMU) drew about 8,000 people—students and non-students—and quite a bit of public disorder. There was violence. There also were dozens of arrests, such as for “failure to disperse” from an “unlawful assembly.” The JMU student newspaper, The Breeze, was there as well, taking pictures. Last Friday, these pictures, along with many other unrelated ones, were seized by Garst with a large group of police officers who descended upon The Breeze with what appears to […]

How Students Made a Difference for Liberty in 2009

January 6, 2010

For the past few days FIRE has been looking back over our list of accomplishments in 2009. That list would not be complete without mentioning the students who have worked so hard to make their campuses more free. At the College of William & Mary, former FIRE intern and Campus Freedom Network member Braum Katz led a reform effort from within the student government as Student Assembly Secretary of Student Rights to revise all constitutionally problematic speech codes. In October, William & Mary eliminated the last of its troublesome policies and FIRE officially gave the college’s policies a green-light rating in […]

JMU Upholds Trespassing Charge Against Student Reporter; Investigative Journalism Results in Year of Probation

November 11, 2009

A couple of weeks ago, FIRE reported on an incident at James Madison University in which two reporters for the JMU newspaper The Breeze received disciplinary charges from the university after entering a residence hall to interview JMU students about a recent “peeping Tom” incident. Unfortunately, as the Breeze and the Student Press Law Center report, JMU has upheld a charge of trespassing against Katie Hibson, one of the two reporters charged, and has placed her on probation for one year. Both Hibson and Breeze Editor-in-Chief Tim Chapman had been charged by JMU with trespassing, disorderly conduct, and failing to […]

James Madison University Revises Speech Code of the Month After FIRE, Students Challenge Unconstitutionality

October 29, 2009

We have good news from the front in the fight to eradicate speech codes from our nation’s campuses. James Madison University has revised its policy on Obscene Conduct, no longer banning “lewd, indecent or obscene…expression.” Yet the university’s strained relationship with First Amendment principles has recently manifested itself in another way, with students charged with offenses for investigating newsworthy events on campus. First the good news. Torch readers will remember that FIRE expressed concern in September that JMU’s policy on obscene conduct had been changed to include not only on-campus but also off-campus expression, threatening a large volume of student speech—including online expression. The policy was already […]

Student Reporters at James Madison University Threatened with Disciplinary Action for Attempting to Report On-Campus Incident

October 28, 2009

For attempting to report on a recent trespassing incident in a James Madison University residence hall, two reporters for the JMU newspaper The Breeze have themselves been charged with trespassing. As The Breeze reported on October 23: On Sunday, [Breeze contributor Katie] Hibson, a sophomore media arts and design major, was investigating the Oct. 14 trespassing incident in Hillside Hall, which The Breeze learned about when JMU sent a “Timely Notice” e-mail Sunday morning. Hibson said she was invited into the residence hall Sunday afternoon when she identified herself as a reporter. She said she was invited into the building […]

Rights in the News: With FIRE’s Help, Students Standing Up to Their Speech Codes

October 16, 2009

FIRE was elated to begin the week with the announcement that The College of William & Mary had reformed the last of its troublesome speech codes and become one of just eleven colleges to earn a “green light” rating in FIRE’s Spotlight database. Perhaps the fever has spread to neighboring James Madison University, where the focus has intensified on JMU’s policy on “Obscene Conduct” since it was named FIRE’s Speech Code of the Month. Not surprisingly, heightened awareness of the policy sowed discontent among the student body–enough so that this week JMU’s student newspaper The Breeze reported that JMU has […]

Student Op-Ed Calls on James Madison University to Revise Policy

October 5, 2009

A couple of weeks ago, Samantha wrote about a disturbing change in the policy on “Obscene Conduct” at James Madison University (JMU). The original policy stated, No student shall engage in lewd, indecent or obscene conduct or expression on university property or in university-owned or operated buildings. (Emphasis added.) The policy was changed to: No student shall engage in lewd, indecent or obscene conduct or expression, regardless of proximity to campus. (Emphasis added.) Samantha wrote, Given that “lewd” and “indecent” are—unlike “obscene”—terms that do not have a clear legal definition, this policy could easily apply to expression that is crude […]

Speech Code of the Month: James Madison University

October 1, 2009

FIRE announces its Speech Code of the Month for October 2009: James Madison University. JMU’s policy on “Obscene Conduct” provides that “[n]o student shall engage in lewd, indecent or obscene conduct or expression, regardless of proximity to campus.” (Emphasis added.) Torch readers may already be familiar with this policy, because we blogged about it several weeks ago. Our post caught the attention of student reporters at JMU, who have published several articles in the student paper The Breeze since our post first appeared. The first article, on Sept. 24, expressed FIRE’s concern that this broadly worded policy could be used to punish a great deal of student expression, including expression […]

A Disturbing Policy Change at James Madison University

September 14, 2009

James Madison University (JMU) has made a seemingly small change to one of its policies that actually has significant implications for student expression. Last year, JMU’s policy on “Obscene Conduct” stated that No student shall engage in lewd, indecent or obscene conduct or expression on university property or in university-owned or operated buildings. (Emphasis added.) This year, the policy states that No student shall engage in lewd, indecent or obscene conduct or expression, regardless of proximity to campus. (Emphasis added.) Given that “lewd” and “indecent” are—unlike “obscene”—terms that do not have a clear legal definition, this policy could easily apply […]