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American universities have a long tradition of
being centers of free speech and debate on a
wide range of controversial issues, providing
equal access to all brands of philosophies
and beliefs. But where the ongoing culture
wars collide with the now full-grown political
correctness of the modern college campus,
the university heritage is in jeopardy of being
reduced to a mere lesson in hypocrisy.
In at least three recent cases, university
administrators have hindered or denied free
speech and assembly rights to pro-life
student groups based largely on the groups’
organizing principles against abortion and
euthanasia. The groups were denied their
fundamental rights while at the same time
pro-abortion and other student organizations
were regularly allowed to go ahead with their
demonstrations and speeches.
At Washington University in St. Louis, the
Student Bar Association (SBA) twice refused
to officially recognize the Law Students
Pro-Life organization. This denial meant that
the pro-life student group was ineligible for
funding, student office space, a campus
mailing address and a listing in the
admissions brochure.
The SBA, vested with authority from the
chancellor’s office to act in these matters,
overwhelmingly rejected the pro-life group’s
application for official recognition because of
“the narrowness of your group’s interests and
goals” — specifically, failing to include
“anti-death penalty” in its forming constitution.
So went the official explanation, anyway.
“Narrowness” didn’t seem to be a problem for
other groups; the SBA recognized law student
organizations aimed at promoting minority
students, the environment and even golf.
Yet even after two rejections, the pro-life
students did not quit. They contacted the
Philadelphia-based Foundation for
Individual Rights in Education (FIRE)
which quickly put together a national petition
on behalf of the students’ rights. Within 48
hours, 200 professors, law students,
undergraduates and private citizens from
around the country signed the petition, which
called on the chancellor’s office to recognize
the pro-life law group and preserve “freedom
of conscience, freedom of association, and
freedom of speech.” FIRE President Alan
Charles Kors said the university’s stance
“reflects both dreary intolerance and a
breathtaking double standard.”
In an unusual alliance, the eastern Missouri
chapter of the American Civil Liberties Union
joined with FIRE in an open letter urging the
SBA to “recognize the right of your fellow
students to organize in accordance with their
own beliefs, even if you disagree with those
beliefs.” A little more than a month after the
SBA originally denied the group’s application,
it reversed course and voted overwhelmingly
to officially recognize Law Students Pro-Life.
As with most cases where FIRE has been
involved, this one never reached the level of
the courts. But things don’t always work out
that way.
At the University of Houston, school officials
denied a group called Pro-Life Cougars the
opportunity to put on a display at high-profile
Butler Plaza, next to the library. The display
was to include a 15-foot tall graphic picture of
an aborted baby as part of a traveling exhibit
put on by the Wichita, Kan.-based pro-life
group Justice for All. Campus administrators
tried for more than a year to block the display
and allow it at one of four low-visibility
locations that the university has selected as
“free speech zones.”
That’s when the pro-lifers called in the Alliance Defense Fund (ADF), a legal
group that specializes in defending Christians
who’ve been denied their rights — and a
group whose attorneys will often take on their
cases for free.
At the hands of ADF attorneys, the university
suffered a series of legal defeats, leading it
finally to allow the pro-life display. (Although it
was too late for the large graphic, a series of
8-foot photos of aborted babies was shown
instead over three days — a peaceful display,
met by an also-peaceful protest from the
National Organization for Women.) But
Houston officials haven’t exactly seen the light.
Now they’ve come up with a new policy
banning "expressive activity" practically
everywhere on campus.
Whether the policy will last is an open
question; ADF has filed for an injunction to
block it, and maintains that it’s selectively
enforced against certain groups. “The
university enforces it only against speech they
don’t like,” said Benjamin Bull, chief counsel
for the Alliance Defense Fund Law Center. “It’s
a classic violation of the First Amendment.”
Although the policy battle continues, the
peaceful display and protest were exemplary
for how things can be conducted. The same
cannot be said for the University of Texas
case, where things have gotten decidedly ugly.
There, ADF went to bat for a student group at
the UT known as Justice for All, wanting to put
up the same display as the one in Houston.
Although the university relented under heavy
pressure and allowed the display, it censored
all of the contact information for crisis
pregnancy centers because (officials claimed)
they were “solicitors.” (This, even though crisis
pregnancy center services are free, while
Planned Parenthood and other such groups
— which typically charge for many of
their services — are allowed to
disseminate their contact information on
campus.) The university also knowingly let
hecklers invade and shut down the display
and the group’s speech, in direct violation of
the university’s own policy against disruptive
behavior which blocks free speech.
In fact, far from stopping the protesters, the
university official at the site who was
supposed to enforce the campus rules
actually let the protesters into the fenced area
containing the exhibit and Justice for All
students. There was screaming and threats.
“They had to abandon the exhibit for fear of
their safety,” Bull said. “It was an angry and
hostile group of students that took over the
exhibit.”
So the pro-life group has sued the university
for unlawfully censoring the display. “This is a
case of political correctness run amok,” Bull
said. And he thinks it’s part of something
much bigger. “The far left has taken over
universities around the country. They are
doing everything in their power to banish
politically incorrect speech, which they define
as conservative and Christian.”
It’s not new that universities are tracking
radically leftward. It’s not even new (though it
is alarming) that administrators of
these universities would deny some of our
country’s most hallowed rights to suppress
opposing or politically incorrect views.
But there’s also ample reason for hope. The
Washington University case showed the
power of creative alliances and public
pressure. The two Texas cases show that
when their feet are held to the judicial fire,
university administrators relent, albeit
grudgingly and with their prejudices intact.
Maybe most important, the cases show that
dedicated, courageous students, with a firm
foundation for their beliefs, can make an
impact on other students who may not have
had much exposure to opposing ideas. You
can see signs of that in Michael Oseguera, a
University of Houston student who says he’s
pro-choice but appreciated being able to see
the Pro-Life Cougars display. “It’s good to
have the information distributed to people,”
says Michael, “and it’s cool that it’s not coming
from anybody who’s in your face.”
Michael's a ways from a being a pro-life
convert, but his are the words of someone
who may well be open to a pro-life message.
With the prospect of saving lives — and souls
— the tribulations that come with fighting for
free speech are well worth it.
Copyright © 2002 Rod Thomson. All rights
reserved. International copyright secured.
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