Students hope to bring down free speech zone

By Michael Moeschler

Members of the Santa Clara community are pioneering a plan to eliminate the university's designated "Free Speech Zone."

They believe that the zone, consisting of the brick area between the Campus Bookstore and Shapell Lounge, limits the university community's ability to properly and effectively raise awareness regarding specific issues.

"Being restricted and told to go to the free speech zone just puts us in a box," said senior Evan Hughes, one of the students spearheading the campaign. "The location and the physical space are limiting. Because the area is tucked away, it's not a place that everyone is going to see you and hear your message."

A proposal that was submitted to the student and faculty senates reads that changing the current policy on the designated zone would "allow free expression throughout campus with regulations on time, place and manner as necessary to protect the rights and freedoms of all students and faculty."

The group argues that the California Leonard Law protects the First Amendment right of freedom of speech on postsecondary educational institutions. California is the only state that enforces such a law.

The code states, "No private postsecondary educational institution shall make or reinforce any rule subjecting any student to disciplinary sanctions solely on the basis of conduct that is speech or communication that, when engaged in outside the campus or facility of a private postsecondary institution, is protected from governmental restriction by the First Amendment."

Hughes believes that a private institution, like Santa Clara, cannot restrict the freedom of expression on campus when the First Amendment would protect the same expression off campus.

"The university's policy has to be in line with California law and in line with the philosophy of any university which is to promote dialogue and discourse around any number of issues," said Hughes. "We can't limit the areas in which we can engage in those activities."

The university can make an argument against the Leonard Law and the elimination of the free speech zone by noting that the same code states that any private postsecondary educational institution that is controlled by a religious organization does not need to adhere to the rule. Santa Clara, a Jesuit institution, may be exempt from the law.

"As a private university, Santa Clara is under no state or federal constitutional mandate regarding free speech," wrote lawyer and former communications professor Laurie Robbins in an email. "Santa Clara could seek an exemption from the law as a religious organization."

But Robbins, who doesn't represent the university, pointed out that this argument could be rejected by the courts.

"That [a religious argument] would be a hard sell because the university's primary mission is education, not religion and the unfettered exchange of ideas meshes quite well with education," said Robbins.

Several other student groups have come to support the proposal. Members of Santa Clara's Peace Action Committee (PAC), Gay and Straight People Education for Diversity (GASPED) and the Gay and Lesbian Alliance (GALA) feel that restricted free speech has been an issue on campus since the fall quarter of 2001.

PAC members said that their right to free speech was restricted in several instances, first with the removal of a newsletter in the dorms and later when PAC members were told they couldn't walk through Benson with signs about bombing in Afghanistan.

PAC argued that the biggest restriction of free speech came during the four day fast and demonstration against Lockheed Martin that took place on steps of the mission.

"The tipping point was when we were documented for participating in a peaceful public protest against Lockheed," said Hughes.

GASPED also felt that their speech was restricted when junior Claire Riecke, organizer of the university's first drag show, was asked to change the name of the event by the administration for the fall quarter of 2002. According to Riecke, this year's event was renamed "Awareness Week Kickoff Show" for fear of that the show would be cancelled.

Hughes remains cautiously optimistic about the administration's response.

"I don't think it's going to be an issue about whether they're [the administration] going to act on changing the zone policy, I think it's going to be an issue about where they want to create more free speech zones," said Hughes. "It's nice because it shows progress, but it's still counterintuitive to the idea of free speech if there are designated zones for it."

Dean for Student Life Jeanne Rosenberger believes that having one space designated for free speech is not enough.

"We must create a policy that will better reflect the needs of the campus in 2003," said Rosenberger.