After months of criticism from student government members and faculty, UW-Whitewater’s chancellor reversed the campus’ newly established free speech code. The policy, which regulated campus-area protests, literature distribution and crowd assembly since Dec. 1, was enacted in light of post-Sept. 11 protest activity.

Although UW-Whitewater officials say the policy was never meant to curb free speech, the policy limited what it called “free speech areas” to Wyman Mall and Hamilton Green, two campus open spaces. Any organized demonstration, even in these open spaces, would have required 24-hour approval and a permit — as would use of amplifying equipment and signs.

UW System regulates speech content codes for system schools but allows each campus to form individual rules for “time, place and manner” of protests on university property, which Deputy General Council for UW System Patricia Brady said is in concordance with the First Amendment.

“To be consistent with the Constitution, it is perfectly legal for any government facility to regulate the time, place and manner in which free speech can exist on its property,” Brady said.

But UW-Whitewater student and College Libertarian President Paul Weir said he was vehemently opposed to the added speech regulations.

“It’s called a free speech code, but it’s pretty much anything but,” Weir told the Milwaukee Journal-Sentinel. “In my mind, America is a free speech area.”

The regulations are reminiscent of the UW-Madison faculty speech restrictions that were abolished three years ago. While content of speech is protected by the current UW System Administrative Code, UW-Whitewater’s protest code is not in violation of system laws, Brady said.

UW political science professor Donald Downs said he was actively opposed to content restrictions, but said Whitewater officials did not necessarily have to withdraw the code.

“Sure, needing a permit to speak in public is accepted in constitutional law as long as there is no discrimination in the process of issuing permits,” Downs said. “But if the restrictions are limiting the potential for students to organize groups to speak in dorms, for example, that’s going too far.”

Having temporarily halted the policy, UW-Whitewater Chancellor Jack Miller and Assistant Chancellor of Student Affairs Barbara Jones say they want to study the policy further.

After approved as part of the university’s two-year mission of updating campus policy in December 2001, the speech policy was entered into the campus handbook in January 2002 and placed on the university’s website. Faculty and staff were notified via broadcast e-mail about the decision.

But since then, a number of issues have been raised about its potential impact on free speech, open debate and campus climate.

No formal agenda has been set for the 20-point code, but UW-Whitewater released a statement saying they hope to have a group of concerned students and staff rework the policy by the end of the week.

The most disputed part of the new regulations has been the 11 points regulating not time or place of protesting, but “political activity” itself.

The code justifies the restrictions by saying, “[I]ndividual rights and effective operation of public facilities need to be protected and maintained.”
Downs said the legal ramifications of UW-Whitewater’s two-month-old code could be great if students and faculty felt protesting was limited to too-tight campus spaces or content of speech was being restricted.
“While it was encouraging to see students come forward to defend free speech, they have a big issue in their hands if Whitewater’s code would limit the incentives students have to engage in free speech around campus,” Downs said.