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Freedom of speech under FIRE
Harassment policy limits expression, group says
Ryan Dostalek
Issue date: 2/15/07 Section: Campus News
UW-Eau Claire is once again feeling the heat from the Foundation for Individual Rights in Education, which said the university's sexual harassment policy violates the Constitution.
FIRE released the Spotlight on Speech Codes report in December, which rated university policies from more than 300 colleges across the nation on their levels of freedom of expression.
"FIRE's research focuses in particular on public universities because public universities are legally bound by the First Amendment to protect students' right to free speech," Samantha Harris, director of Legal and Public Advocacy for FIRE, said in an e-mail to The Spectator.
Eau Claire was one of 229 universities that severely restrict freedom of expression, according to the report.
Steve Tallant, interim provost and vice chancellor for Academic Affairs, said that while he acknowledges FIRE's right to have an opinion on university policies, he questions the"standards and methodology" behind their analysis.
"They say our policies are unconstitutional," Tallant said. "If (the policies) were unconstitutional, they would be in court right now."
According to the report, Eau Claire's policy on sexual harassment is violating freedom of speech.
"The policy lists various examples of behavior that constitute sexual harassment," Harris said in her e-mail. "The UWEC policy appears to ban certain types of speech if they are merely unwanted regardless of whether they are objectively offensive."
Harris said in her e-mail that there have been no court decisions that have deemed Eau Claire's sexual harassment policy legally unconstitutional, adding that the university's policy violates previous Supreme Court decisions on sexual harassment in general.
Sophomore Adam Smith said he tends to not be offended by much, but says he hasn't heard of others being offended at the university either.
"I tend to take things with a grain of salt," Smith said. "If someone says something offensive to me, it doesn't really bother me." Smith added that while he has been at the university, he has not noticed the university restricting students' freedom of expression.
"We have every right to protect students," Tallant said. "I believe this is a wonderful institution with outstanding students and this is a safe, non-threatening place for students to attend and I think our policies contribute to that."
FIRE released the Spotlight on Speech Codes report in December, which rated university policies from more than 300 colleges across the nation on their levels of freedom of expression.
"FIRE's research focuses in particular on public universities because public universities are legally bound by the First Amendment to protect students' right to free speech," Samantha Harris, director of Legal and Public Advocacy for FIRE, said in an e-mail to The Spectator.
Eau Claire was one of 229 universities that severely restrict freedom of expression, according to the report.
Steve Tallant, interim provost and vice chancellor for Academic Affairs, said that while he acknowledges FIRE's right to have an opinion on university policies, he questions the"standards and methodology" behind their analysis.
"They say our policies are unconstitutional," Tallant said. "If (the policies) were unconstitutional, they would be in court right now."
According to the report, Eau Claire's policy on sexual harassment is violating freedom of speech.
"The policy lists various examples of behavior that constitute sexual harassment," Harris said in her e-mail. "The UWEC policy appears to ban certain types of speech if they are merely unwanted regardless of whether they are objectively offensive."
Harris said in her e-mail that there have been no court decisions that have deemed Eau Claire's sexual harassment policy legally unconstitutional, adding that the university's policy violates previous Supreme Court decisions on sexual harassment in general.
Sophomore Adam Smith said he tends to not be offended by much, but says he hasn't heard of others being offended at the university either.
"I tend to take things with a grain of salt," Smith said. "If someone says something offensive to me, it doesn't really bother me." Smith added that while he has been at the university, he has not noticed the university restricting students' freedom of expression.
"We have every right to protect students," Tallant said. "I believe this is a wonderful institution with outstanding students and this is a safe, non-threatening place for students to attend and I think our policies contribute to that."
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