Oh, Say, Can You Say?

We love to judge colleges on what the schools say to their students. But about what their students can say to the schools?
Academia is supposed to be where the marketplace of ideas roars the loudest. In theory.

Here, The Inlander subjectively ranks each area school — from the most free-speechiest to the least.

To help determine which schools were the freest, the Inlander talked to Will Creeley, Director of Legal and Public Advocacy for the Foundation for Individual Rights in Education (FIRE). For the 10 years that FIRE has been defending the First Amendment on the college campus, it’s never lost a case.

These rankings are a matter of opinion. And, as with all ranking systems, they’re inexact. Sometimes, the greatest free-speech violations are the ones we never hear about.

1. North Idaho College
There haven’t been any recent big censorship controversies at North Idaho College.

“My very first year I got fired because I wouldn’t censor the [student] paper,” says Nils Rosdahl, advisor for the Sentinel. That was in 1985. But the faculty took a stand for free speech, Rosdahl says, and voted no confidence in the college president. Today, Rosdahl’s still the advisor. Three years ago, one administrator asked that a photo not be run in the newspaper. The paper ran the photo anyway, with no consequences.

For students, free expression still runs free at NIC.

2. Washington State University
FIRE takes issue with a WSU policy — specifically, a bias hotline that encourages students to report discrimination, stereotypes and exclusion. (Those often have a chilling effect on speech, Creeley says.)

WSU has a checkered history with free speech. In 2005, hecklers shouted down an intentionally offensive play, and the (former) president sided with the hecklers.

But WSU also has a history of fixing their problematic policies. After a conservative student claimed that a disposition evaluation punished him for his political beliefs, the university clarified its policy, to ensure no conflict with free expression.

3. Eastern Washington University
EWU knows controversy. Like when porn star Ron Jeremy and Ward “The 9/11 victims had it coming” Churchill spoke on campus. And the College Republicans’ “Affirmative Action” bake sale — with prices symbolically cheaper for minorities than whites — sent the campus into a tizzy.

But each time, Eastern allowed the show to go on.

That’s admirable. What’s worrisome is the draft of Eastern’s anti-bullying policy, which may be implemented in September. The general definition of bullying is repeated, targeted “hostile or offensive” actions that create “an intimidating and/or threatening environment which produces a risk of psychological and/or physical harm.”

Yeah, a risk of psychological harm.

“The bullying definition … is patently unconstitutional and I have strong doubts it would hold up in court,” Creeley says. “It’s overbroad and vague.”

The definition of “offensive” and “hostile” includes comments that are “sarcastic” “condescending” “humiliating” or “mocking.”

Prosecute sarcasm? That’s a winning idea you got right there, Mr. Brilliant Pants.

4. Community Colleges of Spokane
There’s a lot about free speech that the Community Colleges of Spokane (CCS) can’t talk about. That’s because they’re being sued.

Spokane Falls Community College student Beth Sheeran alleges that she was barred from holding an anti-abortion event — and threatened with expulsion — after an administrator called her display “offensive” and “discriminatory” and said she needed to “present the opposite point of view” during the event.

Imagine The Inlander not being able to endorse Obama, unless we also endorse McCain.

CCS spokeswoman Anne Tucker says the policy on speakers and the poster distribution policy are being revised.

5. University of Idaho
Out of the 5,000 institutions of higher learning in America, FIRE chose U of I to shame with its “Speech Code of the Month” for Sept. 2009.

FIRE’s problem is a brochure on sexual harassment that, along with being broad and vague, gives “‘Humor” or ‘jokes’ about sex or gender-related characteristics” as one example of sexual harassment. You know, like half of all jokes and humor.

It gets sillier.

In the fall of 2006, when posters and a Christmas light display featured the word “Boob” (an acronym for “Bringing Out Our Best”), cries of sexism followed. After threats to send the matter through the university court system, the light display was changed to “BOB.” Take that, patriarchy!

6. Whitworth University
Despite being a private university, Whitworth gives a number of free-speech guarantees. “Students are free to examine and discuss all aspects of their education,” the student handbook says.

“These are extensive promises of freedom of expression,” Creeley says. Contractually, Whitworth University is legally obligated to fulfill those promises.

So, do they?

“There is a point in censoring for the health of the community,” says Dale Soden, executive assistant to the president, regarding the Whitworth’s Internet filter.

For the good of the community. It’s a common Whitworth sentiment.

Whitworth has made progress. They’ve finally allowed a club with the word “gay” in its name to exist. That club, however, cannot be affiliated with the national Gay/Straight Alliance. (There’s no similar restriction for the College Republicans.)
“My sense is that it’s on a case-by-case basis,” says Soden.

And there’s the problem: Free expression is bound to the whims of people, not policies.

For example, Soden says, he’s not quite sure what the official underground newsletter policy is. Eventually, he e-mails back: All newsletters must be approved.  But there sure ain’t anything about that in the handbook.

7. Gonzaga University
Gonzaga and Whitworth are both private, Christian schools. So why do we rank Whitworth above Gonzaga for free speech?
In recent memory, the Whitworthian student newspaper has never been subject to prior review. But every week, before the Gonzaga Bulletin prints, the Student Publications office has the chance to look it over.

Last year, Whitworth students performed The Vagina Monologues, a play Gonzaga has famously never allowed. And then there’s the stream of censorship stories at Gonzaga — the Planned Parenthood speaker prohibited or the investigation of the flyer advertising the “Why the Left Hates America” lecture for “hate speech.”

Today, the Gonzaga events policy stipulates that if an event or speaker could offend the core Catholic mission of the university — and the group isn’t willing to accept counter-programming provisions — the university can ban the event all together.
Which, if Gonzaga were bound by the pesky First Amendment like SFCC, could probably get it sued.

So what can you do, Mr. or Ms. College Student, when you find the ol’ metaphorical duct tape slapped over your snarky little college mouth? First, the obvious: Tell your student newspaper. Get the word out. Use underground papers with pseudonyms. Start an Internet blog — which schools can’t touch.

And all the way, Creeley says, use thorough documentation. Record your meetings with administrators. Save e-mails. Create an irrefutable paper trail. Then call up FIRE, and e-mail them the whole bundle.

And, while you’re at it, send a copy to The Inlander.

Sunlight, a wise old Supreme Court justice once said, is the best disinfectant.