By Savannah Perkins | April 13, 2016

Does a Utah State housing policy intended to prevent bullying violate free speech?

A Utah State University housing policy intended to protect students from bullying likely violates constitutional standards for free speech, according to a representative from a national civil liberties organization.

The policy is just one of several university codes that Foundation for Individual Rights in Education campus organizer Tyler Coward said were problematic when he addressed a group of students in Logan on Thursday night.

“Making legal arguments to your fellow students in support of free speech is a more difficult thing to do,” said Tyler Coward, a FIRE campus organizer. “Therefore, understanding the underlying moral and philosophical defenses of free speech is critical.”

Among those underlying principles: Government entities cannot ban speech just because it is offensive.

One of the university’s policies, from the Housing Handbook, says "A member of the Utah State University Housing community supports, practices, and respects the dignity of all persons, by not demeaning, teasing, ridiculing, or insulting individuals or groups."

But Emily Orr, the president and event organizer of the Aggies for Liberty club, which organized the event, argued ideas of dignity, teasing, ridiculing and insulting are all subjective.

“What one individual may think is appropriate may come off as insulting to another individual,” Orr said.

FIRE is a nonprofit, nonpartisan organization dedicated to protecting civil liberties of students and faculty members on college campuses. The organization uses a rating scale to measure how different universities' policies across the nation uphold the First Amendment. Coward said that a red light rating is when at least one written policy clearly and substantially restricts freedom of speech.

Utah State, he said, has received a red light rating for multiple policies. The other troublesome policies similarly involved vagueness of terminology — making it unclear to students as to what is and is not permissible, according to FIRE.

But Utah State’s chief spokesman, executive director of public relations Tim Vitale, said he didn't understand FIRE's concerns.

"USU is a staunch and proactive supporter of free speech rights and all First Amendment rights," he said. "That stance is absolute and is defined by policy."

Ashlie Webb, a Utah State student who works with Kim Coleman, R-West Jordan, helped write four bills with FIRE’s support in the recently adjourned state legislative session. Nonetheless, Webb said, she wasn’t certain that legislation was the right “way to go.”

“I think student action has promise,” Webb said.

Orr ended the meeting with an invitation to students to get involved, have a voice and recognize the impact that a small change to policy could have.

That call stoked the interest of Utah State student Joshua Johnson.

“The whole time I was listening I knew that I wanted to find a way to be more proactive and find a way to get more involved,” Johnson said. Joshua Johnson. “I want to put my force and my energy forward and not be passive anymore.”

Orr is planning more opportunities for student voices to be heard, including more student involvement and petitions starting this week.

“There is a real need to protect speech on college campuses,” Orr said. “We are here to learn, grow, and be challenged intellectually. Freedom of speech will allow for all of this. My goal is to have positive social change for students.”

Additional information about Utah State University’s policy ratings are available at the FIRE webpage, and information on ongoing efforts on USU’s campus is available from Orr at 951-367-5089 or emilylorr@ymail.com.