Freedom of speech may take new turn at UNLV

Friday, Oct. 2, 1998 | 11:30 a.m.

UNLV officials said Thursday they have been mis-interpreting a policy that in effect limits freedom of speech on campus and are taking steps to correct their mistake.

"I'm not sure if we will need to change the policy or change the administration of the policy," said UNLV spokesman Tom Flagg.

At issue is UNLV's policy on political activities, which puts restrictions on certain kinds of political events and speaking engagements.

Nevada ACLU Executive Director Gary Peck said the entire policy is "ill-advised" and needs to be scrapped.

"It needs to be completely re-written so as to eliminate any content censorship," said Peck.

He said he is discouraged that this policy, and others at UNLV "seems to reflect a lack of appreciation for the importance of academic freedom and free speech and so we seem constantly to find ourselves in a position where we have to bring these matters to the attention of the university and sometimes fight over them.

"It would be refreshing if they would start with the attitude that what is most important is protecting academic freedom and freedom of expression and then try to address very real problems, rather than starting with what seems to be the attitude which is 'we have a problem, let's see how far we can push the envelope in restricting certain rights in an effort to address it."'

Other battles between the ACLU and UNLV have been over the issues of privacy and freedom of expression over the Internet, consensual sex and the right of faculty members to speak their mind on any subject.

Allen Lichtenstein, a consulting attorney to the ACLU, says he is troubled by the pattern at UNLV.

"That's the most troubling aspect of all this," he said. "They take a university, which is supposed to be a place of wide-open, robust debate, and try put it in a corporate model where everything is moving smoothly. Could you imagine this policy at Stanford or Harvard?

"The idea that you can't have partisan political activity on campus is absurd."

Lichtenstein said that the policy is an apparent attempt not to offend anyone, but it merely diminishes the value of the university in society.

"Democracy is not always meek and quiet and certainly not non-partisan," he said.

The political activities policy requires off-campus organizations, such as campaign groups for various candidates, to pay a fee to use campus facilities and to provide proof of liability insurance of at least $1 million.

The policy has been interpreted to mean that on-campus groups, such as student organizations, must also pay fees and provide insurance if they bring a partisan political candidate to speak on campus without providing an opposing point of view.

Flagg said the Facility Use Committee used that interpretation to prevent off-campus groups from using the on-campus organizations as fronts, thus avoiding paying fees and providing the insurance.

And it was used to keep groups "at arm's length" from the campus administration, so that an event or individual is not wrongly interpreted as being endorsed by the university.

"In the past, if a student group, say the Young Democrats, wanted to bring a candidate to speak on campus, have a rally for them and have an opportunity for them to speak -- we have said that kind of activity is a political campaign and that is not allowed unless it's in a debate format," said Flagg. "But now, based on an attorney's recommendation, we will change the approach. We will just have to go to the same procedures as any other event."

The attorney who provided the new interpretation was Kwasi Nyamekye, assistant general counsel to the chancellor.

"The policy is very clear," said Nyamekye. "This (partisan political speeches) is permitted activity. That is an erroneous interpretation (made by UNLV officials). I made it clear to the university. Protected speech is permitted as long as it is not being presented as a university event. I don't see any problem with the language (of the policy)."

Nyamekye said if asked he will re-draft the language, but he sees no ambiguity.

Flagg said there was never a problem with the interpretation of the policy until a student brought it to his attention earlier this week and expressed concern that another student wasn't allowed to distribute political flyers on campus.

Joey Cohn, 19, a political science major and founder of the Student American Civil Liberties Union on campus, said he brought the issue to Flagg's attention after one of his associates ran into the problem.

"It's very good to see the administration working with us," said Cohn, a junior and Lichtenstein's son, "but our concern is there seems to be a pattern. We have to keep bringing up civil rights issues."

Peck had the same complaint.

"I wish we wouldn't have to constantly bring these matters to their attention after the fact," he said. "This is an indication of a troubling attitude."

Peck said he wasn't questioning the good intentions of the administration, but he feels the university tends to over-react to problems to protect the university at the expense of the students and academic freedom.

"We would hope the administration, faculty and staff would develop policies and practices consistent with bedrock principles of higher education," said Peck.

Flagg said based upon the interpretation from the university's attorney, student will be able to bring speakers onto campus and hand out flyers.

"I will convey this to the Facility Use Committee," he said.

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