The Oklahoma State Regents for Higher Education held its first Free Speech Training Program on April 11, beginning efforts to train administrators and higher education officials.
Deans, department heads and other officials who deal with free speech policies or complaints must complete First Amendment training every two years or when they are hired, according to 70 O.S. 3205. House bill 3543, which Gov. Kevin Stitt signed April 2022,establishing the Oklahoma Free Speech Committee for the Regents. The Regents' policy 2.28 also established the committee, with the purpose of giving recommendations forfree speech policies, training and complaints.
This training is among the Regents first step toward complying with the statute.
The Regents' committee is also reviewing OSU's free speech policies.
The training was held at the University of Central Oklahoma, where faculty filed into an auditorium to learn about the basics of the First Amendment and how it applies to higher education institutions.
Andy Lester, a former member of the Oklahoma State Regents for Higher Education and lawyer, spoke and moderated a panel during the training. He said freedom of speech is essential for college campuses.
Let's be clear, freedom of expression is a central core principle for our public institutions of higher education, Lester said. Of course, the ideas of different members of a college or university community will often quite naturally conflict, but it is not the proper role of a college or university (to) attempt to shield individuals from ideas and opinions they find unwelcome, disagree (with) or even deeply offensive. With that said, our colleges and universities should greatly value civility. Today's college students are tomorrow's leaders.
The training had Joseph Thai as its featured speaker. Thai, an associate dean and professor of law at the University of Oklahoma, gave a lecture about the basics of the free speech clauses application to college campuses.
He discussed the varying degrees of protection based on context. For example, he said professors could impose a rule on their classes that students cannot disrupt class based on content-neutral restrictions.
As college campuses continue to evolve and serve as a space for political or social discourse, Thai said it is more important than ever to know about freedom of speech.
We know, as Andy (Lester) touched on, and as you have certainly followed from the news, that free speech controversies have been roiling our campuses across the country, from elite institutions like my alma mater, Harvard, to institutions closer to home, like my employer the University of Oklahoma, Thai said.
Pointing to issues of controversy, such as when OUs chapter of the Sigma Alpha Epsilon fraternity did a racist chant that spread across the internet, Thai said there is a difference between protected and unprotected speech. Although hate speech is protected, fighting words, true threats and incitement are not.
Thai used Cohen v. California (1971) as an example to demonstrate the importance of free speech to society.
The court said that freedom of expression is powerful medicine in a society as diverse and pompous as ours, Thai said. It is designed and intended to remove governmental restraints from the arena of public discussion, putting the decision as to what views shall be voiced largely in the hands of each of us, in our students, in the hope that use of such freedom or alternately produce a more capable citizenry, and a more perfect polity.
Brandee Hancock, deputy general counsel and chief legal officer to OSU President Dr. Kayse Shrum, spoke during the panel portion of the event.
Hancock said that trainings, such as this, are important for faculty members to participate in. It informs them of their rights and the rules they can impose on students. Specifically telling faculty members what they cannot do, as opposed to what they can, is often more helpful, she said.
I always quote a member of one of our communications team, who shall remain nameless, who says, If you're talking, you're losing, and that's usually what I'm thinking about when we're talking about should we say something or should we not? Hancock said.
Although there are no plans for the next free speech training, Hancock said in an email after the event that the Regents recorded it and that it will be available to anyone who could not make it in person. She said OSU plans to have all administrators and department heads complete the training by the end of the year.
Hancock said though the training was the only planned event to specifically discuss freedom of speech, other training OSU offers cover the topic during the academic year.
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