University of Oregon: Student Government Denies Group’s Funding Over Pro-Gun Rights Views

November 19, 2015

On November 11, 2015, the Associated Students of the University of Oregon (ASUO) rejected Young Americans for Liberty’s application for funding of a “Liberty Poker Night” event in support of gun rights.

University of Oregon: Student’s Four-Word Joke Results in Five Unconstitutional Disciplinary Charges

August 26, 2014

In June, a student yelled “I hit it first” out of a dorm window. She’s now being charged with five conduct violations.

University of Oregon: ASL Instructor Dropped Due to Classroom Comment

June 27, 2011

FIRE has asked the University of Oregon (UO) to reverse its punishment of American Sign Language instructor Peter Quint, who was relieved of his teaching duties on the basis of a single comment he made in class to students who had repeatedly violated a class policy against speaking aloud. Quint, who is deaf, shared with his class a personal story about how he was able to escape a Pashtun tribesman in Pakistan who had a gun by means of showing “respect” in a foreign environment. When the students spoke aloud again, Quint sarcastically asked if he would have to shoot them for the […]

University of Oregon: Derecognition of Student Group for ‘Offensive’ Publication

February 11, 2005

The Oregon Commentator, a conservative student magazine, won a three-month long battle for press freedom from the University of Oregon student government. When a transgendered student senator complained of being offended after being mocked in the magazine, the student government finance committee rejected the Commentator‘s mission statement, which had remained unchanged for the past 21 years. The finance committee publicly denied their constitutional obligation to distribute student fees on a viewpoint-neutral basis. FIRE wrote to UO President Dave Frohnmayer, who declared he didn’t want to intervene in the funding process. It was not until FIRE sent an open letter to the […]

Student Conduct Code: Definitions

Speech Code Category: Harassment Policies
Last updated: February 2, 2017

“Harassment” means … Unreasonable insults, gestures, or abusive words, in the immediate presence, and directed to, another person that may reasonably cause emotional distress or provoke a violent response (including but not limited to electronic mail, conventional mail, social media and telephone) except to the extent such insults, gestures or abusive words are protected expression ….

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University of Oregon Policies: Facilities Scheduling

Speech Code Category: Protest and Demonstration Policies
Last updated: February 2, 2017

University Entity: Refers to groups (including colleges, schools, departments, and other university organizational units, recognized faculty groups, recognized student groups, academic student groups, and self-defined groups of three or more members of the Statutory Faculty, when scheduling any Facility.

Refers to currently employed administrators and staff (including  OAs, librarians, classified staff) when scheduling Locally Scheduled Facilities, considered to be part of regular professional activities.

Emeriti faculty may request to schedule Facilities in a manner congruent with the Emeritus Policy, 02.01.10.

Non-University Entity: Refers to an individual or organization that is not a University Entity.

…

1.   Requests for scheduling of UO Facilities by Non-University Entities must be made in writing, using the required forms. University Entities may request to schedule Locally Scheduled Facilities via in-person communication, e-mail, or phone. Entities must disclose the general intended use at the time the user seeks to schedule the facility. Failure to disclose such information may result in denial or cancellation of the reservation.

2.   Request for use of a Facility must be scheduled sufficiently in advance to allow the appropriate university officials to determine if the use is permissible and to make reasonable preparations for the intended use.

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Help for Victims and Survivors: Stalking and Bullying

Speech Code Category: Bullying Policies
Last updated: February 2, 2017

Bullying is when an individual is threatened, harassed, humiliated, embarrassed or otherwise targeted by another person, whether in person or by other means including the internet, social media, and interactive and digital technologies or mobile phones.

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Discrimination Complaint and Response

Speech Code Category: Harassment Policies
Last updated: February 2, 2017

Sex and gender-based harassment and bullying means any act that: (1) Substantially interferes with work or academic performance; (2) Has the effect of: a. Physically harming a student or employee or damaging their property; b. Knowingly placing a person in reasonable fear of physical harm to the person or damages the person’s property; or c. Creating a hostile environment, including interfering with the psychological well-being of a person; and (3) May be based on, but not be limited to, the sex, sexual orientation, or gender identity of the person.  Gender-based harassment and bullying includes cyberbullying, which means the use of any electronic communication device to perform gender-based harassment or bullying.

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University of Oregon Policies: Freedom of Inquiry and Free Speech

Speech Code Category: Advertised Commitments to Free Expression
Last updated: February 2, 2017

The University of Oregon values and supports free and open inquiry. The commitment to free speech and freedom of inquiry described in this policy extends to all members of the UO community: Faculty, staff, and students. It also extends to all others who visit or participate in activities held on the UO campus.

…

Free speech is central to the academic mission and is the central tenet of a free and democratic society. The University encourages and supports open, vigorous, and challenging debate across the full spectrum of human issues as they present themselves to this community. Further, as a public institution, the University will sustain a higher and more open standard for freedom of inquiry and free speech than may be expected or preferred in private settings. Free inquiry and free speech are the cornerstones of an academic institution committed to the creation and transfer of knowledge. Expression of diverse points of view is of the highest importance, not solely for those who present and defend some view but for those who would hear, disagree, and pass judgment on those views. The belief that an opinion is pernicious, false, and in any other way despicable, detestable, offensive or “just plain wrong” cannot be grounds for its suppression.

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Student Conduct Code: Definitions

Speech Code Category: Harassment Policies
Last updated: February 2, 2017

“Sexual Misconduct” means: … Sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that interferes with work or academic performance because it has created an intimidating, hostile, or degrading environment and would have such an effect on a reasonable person of the alleged complainant’s status when the conduct is unwelcome and sufficiently severe or pervasive that it deprives that person of benefits of the University’s educational environment.

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University of Oregon Policies: Community Standards Affirmation

Speech Code Category: Advertised Commitments to Free Expression
Last updated: February 2, 2017

The University of Oregon community is dedicated to the advancement of knowledge and the development of integrity. In order to thrive and excel, this community must preserve the freedom of thought and expression of all its members. The University of Oregon has a long and illustrious history in the area of academic freedom and freedom of speech.

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Office of the Dean of Students: Bias Education and Response Team

Speech Code Category: Policies on Bias and Hate Speech
Last updated: February 2, 2017

The University of Oregon Bias Education and Response Team (BERT), based in the Office of the Dean of Students, works to provide those who have witnessed or themselves become a target of an act of bias an opportunity to be heard and supported. The fundamental role of the Bias Education and Response Team (BERT) is to respond to situations that affect the larger University of Oregon community through education about current and historical issues surrounding bias. Utilizing best practices in our field, the BERT provides services to witness(es), bystander(s), targeted individual(s), offender(s), or a member(s) of the community in order to create change in a timely, effective, and comprehensive way. It is through our education services and initiatives that we hope to eliminate acts of bias within our community.

It is not the purpose of the Bias Education and Response Team to investigate, arbitrate, or to take the place of other University of Oregon processes or services; rather, the intention is to complement and work with campus entities to connect those who have witnessed or themselves become a target of an act of bias with appropriate support and resources. The BERT does not and will not initiate disciplinary action or impose sanctions regarding bias incidents. Data collected from the bias reports is used to develop educational and outreach programs.

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Discrimination Complaint and Response

Speech Code Category: Harassment Policies
Last updated: February 2, 2017

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Oregon: Professor in Blackface Violated Anti-Harassment Policy

January 3, 2017

By Scott Jaschik at Inside Higher Ed. A review commissioned by the University of Oregon has found that a law professor who wore blackface to a Halloween party violated the university’s policies against racial harassment… Read more here.

Law Professors Agree: University of Oregon Can’t Legally Punish Prof for Halloween Costume

December 27, 2016

By Greg Piper at The College Fix The University of Oregon is running headlong into decades of legal precedent that says public institutions can’t punish employees for their perceived offensive speech… Read more here.

Professor Ruled Guilty of ‘Discriminatory Harassment’ for Inviting Students to Costume Party

December 22, 2016

By Greg Piper at The College Fix This isn’t officially laid out in the University of Oregon faculty handbook, but it should be now… Read more here.

Punishing a Professor for Blackface

November 4, 2016

By Scott Jaschik at Inside Higher Ed In advance of Halloween, many colleges debated what to do about students who wear blackface as part of costumes. In the days since Halloween, however, the University of Oregon and others have been talking about what to do about a law professor who wore blackface to a party… Read more here.

Colleges Unconvincingly Portray their Bias Response Teams as ‘Educational,’ not Punitive

September 13, 2016

By Greg Piper at The College Fix Whenever you see a college justify a particular administrative response as “educational,” your BS detector should go off… Read more here.

UO Bias Team Stirs Free Speech Discussion

July 3, 2016

By Diane Dietz at The Register-Guard For 15 years, the University of Oregon has fielded a “bias response team,” whose members approach students, faculty or staff who had been reported for making off-color or offensive remarks… Read more here.

University Stays mum on Tattling Policy

June 17, 2016

By Staff at One News Now Foundation for Individual Rights in Education reporter Adam Steinbaugh filed a public records request with the university concerning their “Bias Report Teams,” or BRT’s… Read more here.  

U. of Oregon’s Response to ‘Bias’ Complaints is Not in the ‘Public Interest,’ it Says

May 31, 2016

By Greg Piper at The College Fix The University of Oregon told our reporter Michael McGrady that its Bias Response Team “works hard to assist students and others who feel that they have witnessed or been the victim of bias.”… Read more here.  

On a College Campus? Don’t Try to Tell a Joke

May 23, 2016

By Robby Soave at The Daily Beast Tell a joke, and you might make someone laugh. But tell a joke on a college campus, and you might make someone report you to the administration’s Bias Response Team (BRT)—an Orwellian bureau that investigates students and faculty members for saying the wrong thing… Read more here.

The University of Oregon’s Thought Police Investigate Students for Saying Anything

May 10, 2016

By Robby Soave at Reason What happens when members of a university community allege that they were victims of a “bias” incident? A team of administrators intervene—no matter how petty the complaint… Read more here.

The University of Oregon’s Thought Police Investigate Students for Saying Anything

May 10, 2016

By Robby Soave at Reason What happens when members of a university community allege that they were victims of a “bias” incident? A team of administrators intervene—no matter how petty the complaint… Read more here.

Rise of Bias Response Teams at University of Northern Colorado, Across Country Signals Shift in how Universities Deal With Inclusion

April 25, 2016

By Tyler Silvy at The Tribune As racial justice and other protests have spread on university campuses across the United States, administrators have learned it’s not enough to say, “We’re listening.”… Read more here.

Jefferson Muzzles go to 50 Colleges and Universities

April 20, 2016

By Eugene Volokh at The Washington Post The Thomas Jefferson Center (with which I’m involved as a member of the board of trustees) has just released its yearlyJefferson Muzzles, so I thought I’d pass along the center’s explanation of who the “winners” are this year. Note that the Ccnter supports academic freedom and free speech broadly, and not just those aspects that are legally protected by the First Amendment; so you’ll see many private institutions mentioned here, even though the First Amendment as such does not restrict private entities, as well as the public institutions to which the First Amendment applies… Read […]

Divest UO banner Removed From Johnson Hall

April 7, 2016

By Max Thornberry at Daily Emerald University of Oregon administration ordered campus operations to remove a large sign Wednesday morning that the Divest UO campaign has kept outside Johnson Hall in recent weeks… Read more here.

A More Literal Trigger Warning

November 30, 2015

By Chris Bodenner at The Atlantic  The Foundation for Individual Rights in Education, Greg Lukianoff’s free speech outfit, recently flagged a small but significant story out of Oregon: [On November 18], the University of Oregon’s student government denied funding to a student group’s poker night event for a second time amid concerns the event’s pro-gun message and prizes “would make students feel uncomfortable.” […] Last night’s vote was the second time ASUO turned down YAL’s request for $950 in funding to cover the cost of pizza and rental fees for its November 20 “Liberty Poker Night.” YAL insisted no ASUO money […]

Poker For Guns Draws Players, No Protests

November 25, 2015

By Rick Levin at EugeneWeekly.com After all the anticipatory hubbub over the Young American’s for Liberty Nov. 20 Liberty Poker Night at UO’s Erb Memorial Union — during which the YAL’s local chapter was denied event funding by the UO student government — the tournament itself was a surprisingly tame event. Among the predominantly male crowd, not a single protester appeared. Thomas Tullis, co-present of YAL’s UO chapter, said Monday he was disappointed that not one person who tried to shut down poker night actually showed up to protest the event. “We’re encouraging free expression and we want to encourage discussion,” Tullis […]

Fueling the Fire

November 25, 2015

By Staff at The Register-Guard When the Young Americans for Liberty decided to hold a poker night at the University of Oregon last Friday, with guns as prizes, their goal was clear: Create a controversy, generate publicity and get opponents and supporters stirred up. The local chapter of YAL — part of a Libertarian nonprofit based in Arlington, Va. — received permission to use the student union for the event. But the student government declined to pay for pizza or the rental fee, not the first time it has declined a funding request. Student senators discussed a variety of concerns, […]

Oregon Libertarian Students Demand School Pay for Gun Giveaway because it’s ‘Free Speech’

November 23, 2015

By David Edwards at Raw Story An Oregon libertarian group has accused the University of Oregon of violating students’ First Amendment rights because the student body refused to sponsor a gun giveaway event at the school. Young Americans for Liberty’s Brandon Clements told KPTV that the libertarian group staged the event on Friday to protest a campus policy banning concealed firearms. Three guns were offered as grand prizes to winners of the poker-themed tournament. After UO student government refused to pay for the event, Young Americans for Liberty asked the conservative group Foundation for Individual Rights in Education (FIRE) to […]

Surprise: University of Oregon Student Government Botches First Amendment

November 21, 2015

By David Huber at The College Fix  The perception that today’s college kids are little more than mewling babies continues, this time with the University of Oregon student government turning down Young Americans for Liberty’s request for $950 in funds for its “Liberty Poker Night” event. The money would have gone towards pizza and rental fees. But … why was the request nixed? “[T]he event’s pro-gun message and prizes ‘would make students feel uncomfortable.’” Um, attention student government: Student fees at UO are mandatory. This means power trippy student leaders cannot play favorites with how monies are disseminated. FIRE reports: […]

University Of Oregon Student Government Disregards 1st Amendment, Denies Pro-Gun Student Group Funding

November 19, 2015

By Alex Pfeiffer at The Daily Caller The Associated Students of the University of Oregon voted Wednesday night to deny funding for the second time to Young Americans for Liberty’s poker night which gave guns as prizes to winners because the event would be “fostering an un-safe space.” The Foundation for Individual Rights in Education (FIRE) wrote to the University following the vote, warning them to reverse the decision as not only for moral reasons but for legal. Young Americans for Liberty (YAL) is a student organization that is partially subsidized from mandatory student fees, and the student government is required […]

Court Wins for Accused

November 5, 2015

By Jake New at Inside Higher Ed Last week, Brandon Austin, a former college basketball player, filed a lawsuit against the University of Oregon for $7.5 million, arguing that administrators there violated his rights when they suspended him over his alleged involvement in a gang rape. Austin was able to transfer to a community college and play basketball there last season, but has since left to (so far, unsuccessfully) pursue a professional basketball career. In the lawsuit, Austin claims that the punishment caused him emotional distress and lessened his chances of one day playing in the National Basketball Association. His […]

U. of Oregon Paid Rape Accuser $800,000 and Full Tuition So It Could Move On, President Says

August 10, 2015

By Christian Britschgi at The College Fix Time to stop debating this incident and hire loads of bureaucrats The University of Oregon is paying an alleged victim of sexual assault $800,000 and four years of paid tuition and housing in a settlement to resolve a lawsuit against the school. It’s the first major test of how new President Michael Schill will handle such allegations, particularly when they involve student athletes. Though he served as dean of the University of Chicago’s law school before coming to UO, Schill’s expertise is in property law – he co-authored a “casebook” on the subject […]

Requiring a Red Flag

July 10, 2015

By Jake New at Inside Higher Ed Last month, New York became the second state to require colleges to note on a transcript if a student was suspended or dismissed for sexual assault. Though the Family Educational Rights and Privacy Act is sometimes erroneously cited by colleges as preventing them from sharing such details on a college transcript, no laws prevent colleges from doing so. Few colleges are required to, however. That’s starting to change, with growing state and federal interest in the requirement leading to laws like those recently — and easily — passed in New York and Virginia. […]

University Of Oregon Tilts The Field Against Students Accused Of Rape, Again

June 9, 2015

By Greg Piper at The College Fix Ignore the incredibly biased headline by The Oregonian on what the University of Oregon actually did with regard to sexual-misconduct investigations. Responding to a harsh media glare more than anything else, trustees voted last week to make it even harder for students accused of rape to defend themselves and make their punishments more severe when found guilty under questionable procedures. Students accused of rape will now have half the time to respond to accusations – just a week – and the school can now place a hold on their transcript if they withdraw before proceedings are […]

Accused Students Shafted In University of Oregon Sexual-Assault Recommendations

December 16, 2014

By Matt Lamb at The College Fix Panel member says federal law ‘requires’ low evidence standard, but that’s in dispute The University of Oregon appears to be snubbing its own nationally recognized expert in a new report that recommends how to deal with sexual assault on campus. The President’s Review Panel, set up in the wake of sexual assault allegations against three men’s basketball players, also justifies a lower evidentiary standard for allegations based on federal guidance that may not be legally binding. Much of the report recommends actions that other schools have taken in revamping sexual-assault response policies, such […]

UO Student Leader Regrets Giving Free Publicity To Blogs That Mock Him

November 9, 2014

By Christopher White at The College Fix Syracuse University’s fight with its student government over the school’s broad computer-use policy, which theoretically punishes “annoying” or “offense” speech, appears to have found its exact opposite at the University of Oregon. Student senate members there are trying to unmask and punish anonymous blogs that are making fun of them – possibly run by one or more of their own members – but have run into hurdles from the university itself, and now wider ridicule from First Amendment groups. As The College Fix previously reported, Vice President Miles Sisk of the UO student […]

Critics: Targeting Fraternities Won’t Solve U of O Sexual Assaults Problems

October 29, 2014

By Shelby Sebens at GoLocalPDX A proposed recommendation to stop the expansion of greek life at the University of Oregon in an effort to curb sexual assaults makes fraternity members an unfair target, reinforces old stereotypes and doesn’t solve the underlying problem, critics say. A University Senate Task Force, called Twenty Students Per Week ( a reference to the number of students sexually assaulted on campus), has made several recommendations including funding for rape prevention, mandatory education and more. The task force, made up of students and faculty, made the recommendations last week to the univesrity. The University Senate will vote on […]

EDITORIAL: Speech Overreach

September 3, 2014

At Las Vegas Review Journal The calendar has turned to September, so college students across the country are heading back to their campuses, which are supposed to serve as bastions of free speech and thought. Which is to say they don’t. At schools big and small, far and wide, all around the nation and right here in Nevada, the purveyors of tolerance are remarkably intolerant of anything they disagree with or disapprove of. The University of Oregon provided the latest example of hostility to the First Amendment, though the Ducks are far from alone in this quackery. As the Foundation for […]

College Cracking Down on Jokes

August 28, 2014

By Mary Lou Byrd at The Washington Beacon Students at the University of Oregon began their fall semester on Monday amid controversy over conduct charges filed against a female student for making a joke. The university is under fire for filing five charges against the student after she yelled “I hit it first” to a couple passing under her window during the summer semester. The student, who requested anonymity, said she did not know the couple and called out the phrase in jest, according to her account to the Foundation for Individual Rights in Education. FIRE is now calling on the university […]

The Four-Word Joke That Had a College Student Facing Five Conduct Charges: ‘Absurd Overreaction’ (UPDATE)

August 28, 2014

By Jason Howerton at The Blaze UPDATE: FIRE announced on Thursday that the University of Oregon has “dropped the unconstitutional conduct charges it filed against a student based on a four-word joke wholly protected by the First Amendment.” Read our original story below. A University of Oregon student is facing five “conduct charges” for shouting an immature four-word joke at a couple passing under her dormitory window. “I hit it first,” the girl yelled at the couple, according the Foundation for Individual Rights in Education. The student claims she didn’t even know the couple and was only making a joke. The […]

Harassment Charges for Student Who… Told Joke [Gasp!]

August 26, 2014

By Robby Soave at Reason Online No joke: A University of Oregon student was charged with five separate code-of-conduct violations for shouting a kind of funny, vaguely inappropriate four-word phrase out the window of a campus dormitory. The female student was at a friend’s room inside UO’s Carson Hall when she decided to stick her head out the window and shout, “I hit it first,” at a random couple on the street. The couple yelled back at her and then later reported the incident to the floor’s residential advisor. The RA then made the student apologize. The student contacted the Foundation for […]

CAN CIVILITY AND ACADEMIC FREEDOM COEXIST?

September 25, 2013

by Ashley Thorne George Washington’s “Rules of Civility & Decent Behaviour In Company and Conversation” begin, “Every Action done in Company, ought to be with Some Sign of Respect, to those that are Present.” The next 109 Rules spell out what respect meant to Washington. For him these were more than standards of politeness; they were habits of selflessness and deference to others. Americans have long cherished the ideal of civility-but not all Americans, and higher education today oddly finds the notion of civility especially perplexing. Many colleges and universities say in their official pronouncements that they hope their campuses will […]

A Free-Speech Victory at the ‘University of Nike’

September 22, 2013

by Rebecca Burns The “University of Nike” sounds like an institution straight out of a dystopian novel. But that moniker has actually been embraced by the University of Oregon, where Nike founder and chairman Phil Knight is one of the school’s most important donors. A gleaming new football center, complete with a locker room requiring biometric thumbprints to enter, isn’t the only sign of the corporation’s influence on campus: During negotiations with the school’s faculty union over its first-ever contract, critics say that the university pulled out some fancy footwork meant to preserve the patronage of Nike and other major donors, including […]

Casual References to Violence Bring Serious Consequences for College Instructors

July 31, 2011

by Peter Schmidt The Chronicle of Higher Education   View this article at The Chronicle of Higher Education.

The ‘No Viewpoint’ Viewpoint

June 6, 2005

By Greg Lukianoff at Inside Higher Ed Imagine a college student returning to campus next fall and being greeted by a student government representative who asks her if she is devoutly religious or not. She answers “yes” and the representative responds, “I am sorry, the student government has decided that the separation of church and state means that, as state college, we have to be free of religious students. You may want to consider a religious college.” Next imagine this befuddled student taking her complaint to the president of the college and he says “Yes, I know the student government’s […]

OSPIRG: down but not out

April 8, 2005

In the middle of an unusually warm February earlier this year, the talk all over campus was OSPIRG. For the past three years, the activist group has wrangled with student government over how much money would be allocated to their efforts at PSU. This year, after two hours of deliberation OSPIRG got its answer. No large increase, no large payout. Student government again was not swayed by the group’s impassioned pleas for funding and sent them packing with thousands less than they had asked for. Students came pouring out of the meeting crying, aghast that their efforts had failed for […]

FIRE’s Heat Douses Student Censorship in Oregon

March 10, 2005

In a sudden turn of events, the University of Oregon student government has increased funding to a conservative student magazine that had been the target of alleged viewpoint discrimination. The Oregon Commentator came under fire after satirizing transgendered student senator Toby Hill-Meyer, who had requested that the campus newspaper refer to him using the general-neutral pronouns “ze” for “he,” and “hir” for “him.” Consequently, the Associated Students of the University of Oregon (ASUO) recognized and denied funding to the magazine for poking fun at Hill-Meyer. That is when the Commentator contacted the Foundation for Individual Rights in Education (FIRE). FIRE’s […]

Commentator’s mission denied, again

February 2, 2005

The Programs Finance Committee rejected the Oregon Commentator’s mission statement again Tuesday night in a fierce budget hearing that ended with PFC member Mason Quiroz announcing his resignation. “I just want to publicly state that I don’t support this part of the branch of student government anymore,” Quiroz said in the final moments of the hearing. “I think it’s obvious that our money is going to hateful speech … I don’t care, I don’t care. Kick me out. I resign from my position right now. You guys are sleeping with the devil.” About 110 people crowded into the EMU Gumwood […]

Coding commentary

May 30, 2003

FIRE Announces America’s 10 Worst Colleges for Free Speech: 2017

February 22, 2017

PHILADELPHIA, Feb. 22, 2017—More than 92 percent of American colleges maintain speech codes that either clearly restrict—or could too easily be used to restrict—free speech. Each year, the Foundation for Individual Rights in Education (FIRE) takes a closer look at campus censorship to identify America’s 10 worst colleges for free speech. The 2017 list of the 10 worst colleges for free speech—published today with detailed descriptions at The Huffington Post—includes both public and private institutions. Public colleges and universities are bound by the First Amendment. Private colleges on this list are not required by the Constitution to respect student and […]

Oregon Law Professor Suspended for Blackface at Private Halloween Party

December 27, 2016

University of Oregon School of Law professor Nancy Shurtz stated last week that she was “evaluating [her] legal options” following UO’s response to a Halloween costume for which she wore blackface. First Amendment advocates, too, are speaking out against the university’s actions and the conclusions of a report on the incident released by UO. Shurtz hosted a Halloween party off campus in her home, and students, professors, and others attended. According to Shurtz, she “intended to provoke a thoughtful discussion on racism” with her costume, a reference to Damon Tweedy’s memoir, Black Man in a White Coat. An investigative report […]

Universities Give Students Frightening Halloween Assignment: Pick a Costume

October 31, 2016

Is your “exhausted undergrad” costume ready for tonight’s festivities? That might be one of the frighteningly few outfit choices remaining if you attend a university expecting you to avoid “cultural appropriation” this year. And beware: The rules are petrifyingly hard to follow. While institutions are well within their rights to suggest costume considerations to their students, in practice, young adults are choosing their outfits these days under unprecedented levels of scrutiny. This year, these regulations/“suggestions” have come in a variety of forms, including handouts, seminars, and even a “Simple Costume Racism Evaluation and Assessment Meter (or SCREAM)” modeled after the […]

University of Oregon Professor Calls for Greater Public Scrutiny of ‘Bias Response Team’

June 13, 2016

Last month, FIRE publicly called on the University of Oregon (UO) to release records relating to its controversial “Bias Response Team” (BRT) protocol. The BRT had intervened with students and faculty in response to student complaints about allegedly offensive speech and, in the case of a student newspaper, inadequate coverage of particular issues. In response to a public records request from FIRE, UO declined to issue a fee waiver, arguing that sharing such records would not benefit the public. Now, a UO professor is publicly calling on his institution to provide greater transparency with regards to the BRT and to […]

University of Oregon on ‘Bias Response Team’: Nothing to See Here

May 27, 2016

This month, a number of commentators have criticized the University of Oregon’s (UO’s) bias incident reporting system—an online tool to report perceived incidents of “bias” to campus administrators—and some of the university’s “Bias Response Team’s” (BRT’s) responses to those reports. In March, FIRE filed a public records request with UO, seeking documents about students’ complaints and whether the BRT’s handling of those complaints has the potential to chill or infringe on First Amendment rights. UO, however, is resisting public scrutiny. In its response on April 1, 2016, the university told FIRE that it would not benefit the public to produce […]

Student Newspaper’s First Amendment Lawsuit Against University of Kansas Administrators Is Important Reminder about Need to Check Student Government Power

February 10, 2016

On February 5, the University Daily Kansan filed a lawsuit against two administrators of the University of Kansas (KU), alleging that the administrators failed to intervene when the student government slashed funding to the Kansan over an editorial criticizing the results of a student government election. The Kansan story begins in April 2014, when a slate of candidates for student government positions were declared ineligible the night before the election, resulting in two students who received a minority of votes—Morgan Said and Miranda Wagner—being elected to office. In response, the Kansan published an editorial by attorney and professor Mark Johnson […]

Oregon’s Student Government Discriminates Against Student Group Hosting Pro-Gun Rights Poker Tournament

November 19, 2015

EUGENE, Ore., November 19, 2015—Last night, the University of Oregon’s student government denied funding to a student group’s poker night event for a second time amid concerns the event’s pro-gun message and prizes “would make students feel uncomfortable.” The Foundation for Individual Rights in Education (FIRE) wrote to the University of Oregon (UO) before the Associated Students of the University of Oregon’s (ASUO’s) vote yesterday. FIRE explained that ASUO’s refusal to fund a poker night hosted by UO’s chapter of Young Americans for Liberty (YAL) expressly because it disagrees with the event’s message amounts to constitutionally prohibited viewpoint discrimination. FIRE […]

U. of Oregon Students Demonstrate Lack of Understanding of First Amendment Law

March 13, 2015

On Tuesday, a pro-life activist displaying a graphic poster depicting an aborted fetus on the University of Oregon (UO) campus attempted to give counter-protesters a lesson in First Amendment law, but video footage of the incident suggests few at the scene understood. One campus police officer requested that the activist put the poster away, explaining that UO has “additional rules other than just freedom of speech,” such as a prohibition on “offensive or demeaning” expression. It isn’t the first time FIRE has seen someone in a position of authority at a public university, legally and morally bound by the First […]

Can Neutral Observers Ensure Freedom of Assembly at the University of Oregon?

November 26, 2014

The University of Oregon (UO) has struggled recently with the concept of the First Amendment. In addition to receiving a “red light” rating in FIRE’s Spotlight database due to its restrictive speech codes, the university filed five charges against a student this past summer for jokingly yelling “I hit it first” at a couple walking underneath a dormitory window. UO thus achieved the dubious distinction of managing to accuse the student of more than one conduct violation per word of an unfortunate joke. After FIRE wrote to UO’s president, the charges were dropped. In light of this background, we at […]

U. of Oregon Student Senator Adopts Administration’s Misguided Views on Speech

November 4, 2014

Happily, Associated Students of the University of Oregon (ASUO) Senate Vice President Miles Sisk seems to be having trouble carrying out his threat to report anonymous bloggers to the administration. Nevertheless, students at UO still have reason to worry about their freedom of speech on campus. Two weeks ago, Sisk characterized students criticizing Senate members on the internet as “cyber-bullying.” According to UO student newspaper the Daily Emerald, Sisk demanded that blogs engaging in this speech be shut down, and he threatened to report the IP addresses of those running the blogs to the administration if they remained online. Sisk […]

‘Las Vegas Review-Journal’ Tells UNLV to Commit to Free Speech

September 4, 2014

Yesterday, the Las Vegas Review-Journal published an editorial lamenting that students are returning to college campuses where free speech too often falls victim to speech codes. As the editorial notes, opposition to the First Amendment is all too common on campus. Using FIRE’s recent case at the University of Oregon as an example, where a student was hit with five conduct charges for a four-word joke (“I hit it first”), the Review-Journal points out that many universities enforce broad harassment policies against their students in an attempt to create an environment of tolerance. FIRE rightly and specifically noted that the […]

Students Return to Campus Censorship, But Fight Back with FIRE

September 2, 2014

PHILADELPHIA, September 2, 2014—As millions of college students arrive on campus this fall—many for the first time—few of them realize that nearly 59 percent of our nation’s colleges maintain policies that clearly and substantially restrict speech protected by the First Amendment. Too many students will realize that the rights they took for granted as Americans have been denied to them only after they face charges and disciplinary action for speaking their minds. But this year, campus censorship faces a new deterrent: FIRE’s Stand Up For Speech Litigation Project, which aims to finally bring an end to unconstitutional and illiberal speech […]

Victory: University of Oregon Drops Charges Against Student for Joke

August 28, 2014

EUGENE, Oregon, August 28, 2014—In a victory for free speech, the University of Oregon (UO) dropped the unconstitutional conduct charges it filed against a student based on a four-word joke wholly protected by the First Amendment. UO’s reversal comes barely 24 hours after the Foundation for Individual Rights in Education’s (FIRE’s) press release drew national attention to the university’s embarrassing treatment of the student. “We’re pleased that the student is no longer weighed down by these chilling disciplinary charges and can focus on her education,” said Peter Bonilla, Director of FIRE’s Individual Rights Defense Program. “UO’s quick action here illustrates […]

Four-Word Joke Results in Five Conduct Charges for University of Oregon Student

August 26, 2014

EUGENE, Oregon, August 26, 2014—The University of Oregon (UO) has filed multiple, blatantly unconstitutional conduct charges against a female student who jokingly yelled “I hit it first” from a dormitory window. The student, who wishes to remain anonymous, contacted the Foundation for Individual Rights in Education (FIRE) for help. FIRE is calling on UO to immediately dismiss all charges against the student and reform its unconstitutional speech policies. “The University of Oregon’s absurd overreaction is the real joke here, and it’s not very funny,” said FIRE Senior Vice President Robert Shibley. “Using an unconstitutional speech code to punish a student […]

U. of Oregon Enacts Academic Freedom Policy for Students, Faculty, and Staff

June 3, 2014

Last week, University of Oregon (UO) President Michael Gottfredson signed a broad new academic freedom policy, granting UO faculty and staff what are among the strongest free speech protections in the country. The policy covers students as well, but is especially critical for faculty and staff after the Supreme Court’s decision in Garcetti v. Ceballos (2006), which opened the door for government employers to punish their employees for their speech.

Judgment for University of Oregon in Doctoral Candidate’s Title IX Lawsuit

December 12, 2013

A little over a year ago, we reported the decision of the United States Court of Appeals for the Ninth Circuit allowing former doctoral candidate Monica Emeldi to proceed to trial in her sex discrimination lawsuit against the University of Oregon (UO). The trial finally began last Monday, and less than 48 hours later, the federal district court entered judgment for UO, finding that Emeldi had not sufficiently proven her claims of retaliation against the school. Emeldi filed her Title IX lawsuit against UO in 2008, after Dr. Robert Horner resigned as the chair of her dissertation committee and she was unable to […]

U. of Oregon Admins and Faculty Reach Tentative Agreement Protecting Faculty Speech

September 24, 2013

On September 18, the University of Oregon (UO) and its faculty union, United Academics, reached a tentative agreement that includes important protections for faculty speech and strikes the previously proposed “civility” clause that prompted our concerned Torch post last week. As In These Times assistant editor Rebecca Burns noted, the problem with the university’s old proposal wasn’t just its mandate that faculty treat all “students, staff, colleagues, and the public fairly and civilly”—the kind of requirement that FIRE has seen used as a tool for punishing professors who share unpopular opinions. Burns also expressed concern that the proposal’s limitation on faculty members’ ability to consult for other organizations […]

U. of Oregon Faculty and Admins Debate Free Speech, Academic Freedom, and Civility

September 16, 2013

Colleen Flaherty wrote for Inside Higher Ed last Thursday to highlight the debate between University of Oregon faculty and administrators regarding revisions to the university’s policies on free speech and academic freedom. Faculty members initially proposed language that would provide broad protections for faculty speech, including the “right to engage in internal criticism, which encompasses the freedom to address any matter of institutional policy or action, whether or not as a member of any agency of institutional governance.” This provision addresses precisely the kind of speech at issue in the recent decision in Demers v. Austin (PDF); in that case, Washington State University […]

Unconstitutional Funding Referendum Passes at University of Oregon

April 10, 2012

Last week, students at the University of Oregon (UO) were asked to vote on a wide range of ballot measures affecting all aspects of campus life. One of these items was put to a referendum in the hopes of adopting new funding rules into the constitution of the Associated Students of the University of Oregon (ASUO), the student government body at UO. The question read: Should students be allowed to vote directly on funding levels for certain fee-funded programs? The referendum passed (.PDF) by an overwhelming vote of 4,228 to 553. Good for those 553 students who voted against it: […]

FIRE Cases Figure Strongly in ‘Chronicle of Higher Education’ Article on Retaliation Against Faculty Speech

August 3, 2011

The Chronicle of Higher Education‘s Peter Schmidt has an excellent article on the hair-trigger sensibilities of the college classroom, in which many professors have found themselves under fire for remarks seen as violent or threatening. Perhaps not surprisingly, given the free speech and academic freedom issues involved, several of the cases Schmidt cites in his piece are cases in which FIRE has been—or is currently—involved. Two of the cases Schmidt devotes significant coverage to in his article are cases with which FIRE has been intimately involved in recent months. The first, involving law professor Lawrence Connell of Widener University, concerns […]

Fox News and ‘Daily Mail’: Wrongly Dismissed Oregon Professor Now Planning to Sue

July 18, 2011

Public scrutiny is mounting against the University of Oregon (UO), which suspended American Sign Language (ASL) instructor Peter Quint from teaching and then notified him he would not be reappointed, all because he sarcastically made a reference to shooting students who were breaking the rules during one of his classes. As Fox News and Britain’s Daily Mail are reporting, Quint is preparing to sue the university for violating his rights. Among UO’s many transgressions in prosecuting his case, as FIRE has explained, is failing to consider Quint’s remark in its proper context. As we originally wrote: On May 4, Quint opened his […]

University of Oregon Suddenly Drops ASL Professor after Remark in Class; FIRE Intervenes

July 5, 2011

FIRE has asked University of Oregon (UO) President Richard Lariviere to reverse the damage to free speech and academic freedom that UO caused when it dropped American Sign Language (ASL) instructor Peter Quint in the middle of the term without a hint of due process, all because of a comment he made during class about students who were violating a class policy.  Quint, who is deaf, had been appointed as an ASL instructor for the 2009-2010 academic year, and his appointment was renewed for 2010-2011, with a reasonable expectation of renewal for the coming year. A small number of students […]

University of Oregon Divided over Free Speech Controversy

February 2, 2010

The University of Oregon student body has been learning some useful lessons in liberty as the campus debates what to do about an extremely controversial group’s presence on campus. Last week, the student government narrowly voted to defend free expression when it voted down a resolution designed to push the group off campus for good. The organization is the Pacifica Forum, a discussion group hosted on campus by an emeritus professor, as permitted by university rules. The group is so controversial, it appears, because every so often it discusses topics that a lot of people on campus find extremely offensive—such […]

Oregon Governor Signs Bill Protecting Student Press into Law

July 18, 2007

The Student Press Law Center reports that last Friday, the governor of Oregon signed into law a bill protecting the free speech rights of high school and college journalists. House Bill 3279 provides that: Student journalists are responsible for determining the news, opinion, feature and advertising content of school-sponsored media.Any student enrolled in a public institution of higher education may commence a civil action to obtain damages under this subsection and appropriate injunctive or declaratory relief as determined by a court for a violation of subsection (2) of this section, the First Amendment to the United States Constitution or section […]

Censorship is Everybody’s Problem

December 29, 2005

FIRE’s press release from yesterday details some of the cases that made 2005 FIRE’s busiest year ever. If 2005 made anything clear, it is that no student, regardless of his or her views, is safe from censorship on today’s college and university campuses. This year, we intervened on behalf of students censored for expressing viewpoints spanning the political spectrum: Seminole Community College in Florida refused to allow a student to distribute literature from People for the Ethical Treatment of Animals. After FIRE intervened, the college changed course and allowed the student to distribute her literature. Northeastern Illinois University decided to […]

K. C. Johnson Strikes Again

August 26, 2005

The invaluable K. C. Johnson has an excellent op-ed in today’s Inside Higher Ed. K. C. does a wonderful job of collecting evidence that much of the ideological uniformity in higher education is not so much the result of “self-selection” but instead the product of an academic culture that uses ideology as a stand-in for intelligence or merit. His most interesting paragraphs relate how ideological uniformity is justified by a desire to create a particular academic orthodoxy on issues of race, gender, class, and sexual orientation According to Montclair State’s Grover Furr, “colleges and universities do not need a single […]

‘Cultural Competency’ at the University of Oregon

June 7, 2005

The University of Oregon, a school already familiar to FIRE, has been heavily criticized for the content of a proposed “diversity plan” designed to help increase minority enrollment at the university. The Register-Guard of Eugene, Ore., recently ran an article on the controversy. According to that article, one of the most controversial aspects of the plan was that “it would require a ‘demonstrable commitment to cultural competency’ in tenure and post-tenure reviews.” The “cultural competency” portion of this draft is deeply disturbing on two levels.  First, no matter how “cultural competency” is defined, it imposes a type of “loyalty oath” […]

Freedom of the Press at Oregon

March 3, 2005

FIRE’s latest press release involves the University of Oregon student government’s long-delayed recognition of a conservative student publication. A number of members of the committee that determines funding allocations had objected to approving the Oregon Commentator’s mission statement (approval of this statement is needed for funding) because of the publication’s mockery of a transgendered student senator (for instance, the Commentator made fun of this senator because the senator asked that people use the pronouns “ze” instead of “he” or “she” and “hir” instead of “him” or “her” when referring to the senator). While mockery certainly is unpleasant, particularly for the […]

Victory for Freedom of the Press at University of Oregon

March 3, 2005

EUGENE, Ore., March 3, 2005—The Oregon Commentator, a conservative student magazine, has won a three-month-long battle for press freedom against the University of Oregon (UO) student government.  The Commentator had been derecognized and denied funding after it published items satirizing a transgendered student senator.  Acting in response to student complaints, the Foundation for Individual Rights in Education (FIRE) intervened, writing letters to the administration and to relevant campus leaders.  On March 2, FIRE learned that the student government had reversed its unconstitutional actions and re-recognized the Commentator.   “We are pleased that the Commentator has finally been restored to its […]