PHOENIX — A Senate panel voted Thursday to spell out what’s expected of state universities and community colleges to keep campuses open to all speakers, with lawmakers saying they don’t want people shouted down.
Current Arizona law already bars publicly funded schools of higher education from restricting a student’s right to speech, including holding signs or distributing flyers in public areas. It also prohibits restrictions on the time, place and manner of student speech.
House Bill 2563 expands on that, saying any restrictions put in place must be “the least restrictive means” to further a legitimate government interest.
Potentially more significant, the legislation would extend free speech rights beyond students and faculty to anyone who can lawfully be on campus, spelling out that public areas of the schools “are public forums and are open on the same terms to any speaker.” It says campuses are open to any speaker who has been invited by even just one student.
The legislation requires universities and colleges to have policies to ensure that students who interfere with that right can be disciplined, to the point of expulsion.
State Rep. Paul Boyer said the goal is to make sure speakers are not just allowed on campus, but that they can be heard.
Boyer acknowledged Arizona has not had the problems that exist elsewhere, such as at the University of California-Berkeley, where a speech by conservative pundit Milo Yiannopoulos was canceled amid protests.
Boyer told the Senate Education Committee there’s no political agenda behind his measure.
“It protects ‘Bernie bros’ and I guess the other equivalent, fans of Milo Yiannopoulos, or whatever,” Boyer said.
Anyway, he said, while there are not problems now, clear policies are needed to keep what amounts to a mob mentality from getting a school to bar or otherwise restrict an outside speaker’s appearance.
“Sometimes, administrators are afraid of their students,” Boyer said.
Another provision of the measure encourages — but does not strictly require — universities and community colleges to officially remain neutral on public policy controversies. If they do take a position, it bars the schools from forcing students or faculty members to endorse that action.
“It’s important to send a message to students that they can disagree with their university or their college,” Boyer said. “Students should be able to come to their own conclusions and not have to worry about being penalized by a university or a college.”
Sen. Steve Smith, R-Maricopa, said he agrees with the intent of the legislation. But he questioned why the state needs to tell the schools that lawmakers believe repeat offenders should be suspended or expelled, suggesting that should be a matter best left to the schools.
Boyer, however, said the directive is appropriate.
“That particular portion is intended to get at the ‘heckler’s veto,’ those who seek to shout down someone who has been invited to speak,” he said.
Boyer said this goes beyond the right of a someone to speak.
By drowning out a voice, “you’re also stifling the ability of those who want to hear the speaker,” he said.
Sen. Sylvia Allen, R-Snowflake, agreed, saying it will “allow the freedom of speech to take place in a civil atmosphere, and not one of confrontation.”
“The universities need to have some policies to deal with those individuals who refuse to let this freedom of speech and civility take place,” she said.
HB 2563 also contains provisions designed to preclude schools from exercising a kind of soft veto on speakers through fees.
Jim Manley of the Goldwater Institute told lawmakers there is nothing wrong with a school imposing fees to cover the cost of security. He said that can be based, for example, on the number of campus police who might be needed for the anticipated crowd size.
“What it cannot do is set these fees based on the content of that speech,” Manley said.
The legislation also has language designed to prevent college administrators from using rules and regulations to keep students and others from passing out flyers.
Boyer mentioned an incident at Paradise Valley Community College several years ago in which students were told they had to get advance permission.
HB 2563 says college and university rules must allow “for spontaneous assembly and distribution of literature.”
Only Sen. David Bradley, D-Tucson, voted against the measure.
He said the legislation isn’t necessary because nothing in the new language contradicts what schools already are doing.
Bradley also said the problems at UC-Berkeley were not caused by students but by people from off campus — people who would not be subject to any school disciplinary policies.
