‘Free-speech zone’ proposal draws backlash

A CUNY proposal to limit demonstrations to specially designated areas is coming under criticism from students.

A recent graduate of Lehman College, which is part of the CUNY system, who said she joined Black Lives Matter protests on campus last year decried the policy.  

“Students especially should be able to protest anywhere around campus,” said Rosa Ianuale. “This is somewhere where we are free to express what we believe in and if they restrict us here, it is easier for people outside to take that right.”

A draft of CUNY’s June 6 proposal cites unnamed “recent events” — a likely reference to the Black Lives Matter protests that swept the nation last year — as the impetus for confining demonstrations to parts of campuses. CUNY’s “Policy on Freedom of Expression and Expressive Conduct” does not specify how the areas for protests would be chosen.

“Recent events have raised once again the issue of whether and to what extent there are permissible and appropriate limits to the free expression of ideas on a university campus,” the policy states. “Issues with strong emotional resonance have caused some participants to argue that speech by their ideological adversaries constitutes bullying, harassment, hate speech, or is otherwise beyond the scope of protection for free speech and academic freedom.”

The proposed guidelines would also limit where and when student groups can pass out written materials and would aim to regulate noise. The document notes that campus officers of the police would be called to intervene if students break the proposed rules.

CUNY’s Doctoral Students Council  (DSC) released a statement condemning the proposal.

“We believe that any policy that restricts freedom of expression in any way runs counter to the mission of a public university,” Hamad Sindhi, the DSC co-chair for communications, said in an email. “In effect, any ‘expressive conduct’ can be potentially deemed ‘prohibited’ and warrant the ‘immediate intervention of public safety officers or external law enforcement authorities.’ Despite stating that any restrictions to speech on campus ‘must be narrowly tailored,’ the policy grants administrators carte blanche in regulating speech on campus.”

Fordham University law professor Abner Greene said unlike private institutions, which can limit speech on their premises, since CUNY is public, students there have full First Amendment rights.

While he described the proposal as content neutral, since it would not confine specific groups to the demonstration zones, he said its implementation raises legal questions.

“If CUNY sets up a space in a weird corner of campus, that would strike me as unconstitutional,” said Mr. Greene, who specializes in First Amendment and constitutional law.

“I hope when CUNY fleshes this out, it’s done with attention to student interests,” he added.

CUNY’s board is expected to vote on the proposal on Monday, June 27.