This editorial represents the opinion of the Dispatch editorial board, which includes the publisher, editor, editorial page editor and editorial writers. Editorials, like opinion columns, represent a particular viewpoint and are not to be confused with news stories.
There are good reasons the Ohio General Assembly should prod the states public universities to update their free speech policies to guarantee free and robust discussion of ideas.
But Senate Bill 40, approved unanimously last week by the Ohio Senate, is a poorly conceived and undeserved bludgeon. The Ohio House should be more judicious.
Sponsored by Sen. Andrew Brenner, R-Powell, the bill would prohibit Ohios 14 public universities from taking any action or enforcing any policy that limits or restricts the free expression rights of its students, student groups, faculty, staff, employees, and invited guests in public areas of campus.
The legislation declares all outdoor areas of campus to be public forums and would prohibit universities from charging security fees to a student or student group based on the content of expression or the anticipated reaction to that content.
It also would require universities to keep an updated, online record of how it is complying with the bills provisions and to report any alleged infractions. And much more.
In sponsor testimony, citing no Ohio examples, Brenner said the law is needed because, In recent years, the rigor with which opposing views have been presented has lessened on college campuses. Our students are being taught what to think instead of how to think. In particular, it has been conservative ideologies that have been stifled by the administrations of colleges and universities due to bias, fear or both.
However, in an interview with The Dispatch, Brenner said the bill was inspired by the University of Californias (Berkeley) 2017 decision to cancel a speaking invitation to right-wing provocateur Milo Yiannopoulos.
In seeing what was going on in other states and other universities throughout the United States, we felt (the bill) was needed to be brought here to Ohio so we can protect the freedom of speech for students on campus, Brenner said.
Its true some of Americas colleges and universities, in adopting anti-harassment and anti-bullying policies, were overzealous and went too far in limiting speech.
Over many decades, in dozens of cases, the U.S. Supreme Court has reinterpreted the First Amendment to sometimes narrow but more often broaden free speech protections.
Not until 1939, nearly a century and a half after the birth of the First Amendment, did the Supreme Court rule public places must be open for assembly, allowing citizens to discuss public questions freely. Authorities could reasonably regulate access, but not discriminate.
In 1969, the court held authorities could limit student free speech only by showing it constituted significantly disruptive conduct that would interfere with the schools educational process.
In 1999, in an Ohio case, the court ruled speech could be prohibited only when incitement could reasonably lead to violence.
Case law on free speech will continue to evolve. For this reason alone, its unwise to embed in state law any current First Amendment understanding or practice.
The General Assembly would do far more good to enact a law giving firm but simple directives to Ohios public universities, such as:
Adopt a free speech policy consistent with updated case law on the First Amendment and regularly educate faculty, students and staff on it.
Prohibit so-called free speech zones that limit where public demonstrations and protests are permitted.
Go here to see the original:
Editorial: Ohio Senate bill on free speech goes further than it should - The Columbus Dispatch
- Turkey's crackdown on freedom of speech intensifies - February 12th, 2015 [February 12th, 2015]
- Bill of Rights Transcript Text - National Archives and ... - February 12th, 2015 [February 12th, 2015]
- Freedom of Speech (Stanford Encyclopedia of Philosophy) - February 12th, 2015 [February 12th, 2015]
- 3 Muslims shot dead by Atheist || #muslimlivesmatter - Video - February 12th, 2015 [February 12th, 2015]
- Media Studies 104A - 2015-02-10 - Video - February 12th, 2015 [February 12th, 2015]
- USA Freedom of Speech and Jesus Christ - Video - February 12th, 2015 [February 12th, 2015]
- France Arrests French Comedian Dieudonne 3 Days After Charlie Hebdo Freedom of Speech - Video - February 12th, 2015 [February 12th, 2015]
- Charlie Hebdo's "Freedom of Speech" - Video - February 12th, 2015 [February 12th, 2015]
- John Robertson on Greg Shapiro's United States of Europe - S3Ep01 - Video - February 12th, 2015 [February 12th, 2015]
- The Illuminati: The Freedom of Speech 2015 Conspiracy - Video - February 12th, 2015 [February 12th, 2015]
- Muslims oppose insult to Islam in the name of freedom of speech - Video - February 12th, 2015 [February 12th, 2015]
- RE: HannibalTheVictor13's resentment over thunderf00t and his "freedom of speech". - Video - February 12th, 2015 [February 12th, 2015]
- Policy update restricts demonstrations - February 14th, 2015 [February 14th, 2015]
- Italian senators pass bill criminalizing denial of genocides - February 14th, 2015 [February 14th, 2015]
- Michael Buerk Interview - Freedom of Speech & Paris Attacks - Video - February 14th, 2015 [February 14th, 2015]
- 'Freedom Of Speech' Topic Tuesday #12 - Video - February 14th, 2015 [February 14th, 2015]
- One dead after shots fired at Copenhagen freedom of speech meeting - February 15th, 2015 [February 15th, 2015]
- Shots Fired at Copenhagen Free Speech Event: Reports - February 15th, 2015 [February 15th, 2015]
- One man dead and three policemen wounded at freedom of speech seminar in Denmark - February 15th, 2015 [February 15th, 2015]
- Copenhagen caf: two gunmen in terror attack at freedom of speech event - February 15th, 2015 [February 15th, 2015]
- One dead in gun attack on Danish freedom of speech meeting - February 15th, 2015 [February 15th, 2015]
- Free Speech Debate Still Alive After Attack in Denmark - February 15th, 2015 [February 15th, 2015]
- Esau uses Freedom of Speech as a weapon! - Video - February 15th, 2015 [February 15th, 2015]
- Copenhagen attacks an 'affront to freedom of speech': Tony Abbott - February 15th, 2015 [February 15th, 2015]
- Copenhagen suspect known to police - February 15th, 2015 [February 15th, 2015]
- Copenhagen police kill suspect linked to two fatal attacks - February 15th, 2015 [February 15th, 2015]
- Freedom of Speech and Freedom of Press - Lincoln University - February 15th, 2015 [February 15th, 2015]
- Copenhagen Shooting: Deadly attack at free speech meeting with cartoonist who depicted Muh - Video - February 15th, 2015 [February 15th, 2015]
- Shots fired at Copenhagens Krudttoenden cafe free speech event a report - Video - February 15th, 2015 [February 15th, 2015]
- Media Studies 104A - 2015-02-12 - Video - February 15th, 2015 [February 15th, 2015]
- WallBuilders Live 2015-02-11 Wednesday - Freedom of Speech on College Campuses - Video - February 15th, 2015 [February 15th, 2015]
- Yisrael Beytenu at Charlie Hebdo freedom of speech protest - Video - February 15th, 2015 [February 15th, 2015]
- TOI debate on freedom of speech wows Kolkata - The Times ... - February 16th, 2015 [February 16th, 2015]
- Muslims Killing Atheists! - Video - February 16th, 2015 [February 16th, 2015]
- AP Top Stories February 14 P - Video - February 16th, 2015 [February 16th, 2015]
- Duck Dynasty's Phil Robertson to Receive Freedom of Speech Award - February 17th, 2015 [February 17th, 2015]
- Freedom of speech, but... SHOTS - Video - February 17th, 2015 [February 17th, 2015]
- Letters to the editor: We must do more to stop terrorists - February 18th, 2015 [February 18th, 2015]
- Freedom Of Speech Naam Ki Koi Chiz Hoti Hai - Alia Bhatt On AIB Controversy - Video - February 18th, 2015 [February 18th, 2015]
- DoomShow,Freedom of Speech under attack by Terrrorists - Video - February 18th, 2015 [February 18th, 2015]
- Greenpeace activist refutes govt charge of being anti-national - February 19th, 2015 [February 19th, 2015]
- Jailed Al Jazeera journalist concerned about freedom of speech - February 19th, 2015 [February 19th, 2015]
- Fan claims municipal police violating freedom of speech - February 19th, 2015 [February 19th, 2015]
- Jailed journalist concerned about freedom of speech - February 19th, 2015 [February 19th, 2015]
- Denmark: Police launch manhunt for Copenhagen cafe shooter - Video - February 19th, 2015 [February 19th, 2015]
- Freedom of speech denied outside of Skillet concert Pittsburgh - Video - February 19th, 2015 [February 19th, 2015]
- Alex Jones is Right! Snowden is Right! Government Crooks Via FaceBook! - Video - February 21st, 2015 [February 21st, 2015]
- "McCann Trolling" v "Freedom of Speech" - Video - February 21st, 2015 [February 21st, 2015]
- Aamir Khan disapproves AIB Roast, KJo reacts - February 22nd, 2015 [February 22nd, 2015]
- South Africa: Post the State of the Nation Address - February 23rd, 2015 [February 23rd, 2015]
- The Great Purge of Free Speech Has Begun............ - Video - February 23rd, 2015 [February 23rd, 2015]
- Big Brother Watch calls for reform of social media communications laws - February 24th, 2015 [February 24th, 2015]
- Comment on Have an opinion? Stuff it! by boh-liao - February 24th, 2015 [February 24th, 2015]
- Sports Hotline: What happened to freedom of speech - have Rangers fans lost their right to offend? - February 24th, 2015 [February 24th, 2015]
- Freedom of Speech: Canadians support Charlie Hebdos choice to publish images of Prophet Muhammad - February 24th, 2015 [February 24th, 2015]
- Should there be limitations on freedom of speech? - Video - February 24th, 2015 [February 24th, 2015]
- Topic Tuesday #39 - Freedom of Speech? (Minecraft Survival Games Gameplay) - Video - February 24th, 2015 [February 24th, 2015]
- DW Freedom of Speech Award for Raif Badawi - February 25th, 2015 [February 25th, 2015]
- THROWDOWN THURSDAY: The Four Causes of Anti-Israelism - February 26th, 2015 [February 26th, 2015]
- FCC Reinstates Net Neutrality, Protecting Open Internet - February 27th, 2015 [February 27th, 2015]
- CPDP 2015: Online privacy versus freedom of speech. Balancing rights in the EU context. - Video - February 27th, 2015 [February 27th, 2015]
- Net neutrality lobby victorious after FCC ruling - February 27th, 2015 [February 27th, 2015]
- Freedom of speech means tolerating opposing viewpoints - March 2nd, 2015 [March 2nd, 2015]
- The Death of Freedom of Speech on the Internet - Video - March 2nd, 2015 [March 2nd, 2015]
- Dangerman - Freedom Of Speech - Video - March 2nd, 2015 [March 2nd, 2015]
- Rebel Ratepayer Raps 4 Freedom of Speech in City of Melton, Melbourne - Video - March 2nd, 2015 [March 2nd, 2015]
- Students stand up for free speech at UI - March 2nd, 2015 [March 2nd, 2015]
- John Kerry asked to act on murder of Avijit Roy - March 3rd, 2015 [March 3rd, 2015]
- Not so Charlie now? - March 4th, 2015 [March 4th, 2015]
- ISIS Supporters Threaten "Charlie Hedbo style" Attack Against Twitter Employees - March 4th, 2015 [March 4th, 2015]
- AIB trying hard about freedom of speech - Video - March 4th, 2015 [March 4th, 2015]
- Freedom of Speech situation in Bangladesh BBC World Service discussion - Video - March 4th, 2015 [March 4th, 2015]
- Noam Chomsky on Freedom of Speech and Anti-Fascism [full] - Video - March 4th, 2015 [March 4th, 2015]
- AND..Y we should stand up for freedom of speech | AIB Roast | Delhi Elections | AAP - Video - March 4th, 2015 [March 4th, 2015]
- Vclav Havel Fellowship programme helps young journalists from post-Soviet bloc states - March 5th, 2015 [March 5th, 2015]
- Murderers condemned as message of peace is North Herts conferences priority - March 5th, 2015 [March 5th, 2015]
- four freedoms speech - FDR - Video - March 5th, 2015 [March 5th, 2015]
- Watch what the youth feels about the AIB Roast Controversy & so called "freedom of speech" - Video - March 5th, 2015 [March 5th, 2015]
- freedom of speech eminem remix - Video - March 5th, 2015 [March 5th, 2015]
- Freedom of speech has no limits- - Video - March 5th, 2015 [March 5th, 2015]