Under similar circumstances some other Cal State campuses adopted grossly illiberal hate-speech policies, so I knew that this was an occasion for me to help draw the lines from an Enlightenment-based, Classical Liberal perspective informed by Objectivism. Committee work usually falls to pre-tenure faculty, and is quite time-consuming, but I volunteered to be vice-chair of the committee for the year. At the start, only I and one other member favored something other than a hate-speech code. By the end of the academic year - and much time spent in discussion and persuasion - the committee sent to the Senate a draft document that (except for boilerplate added by the University lawyer) was close to what I had hoped for.
As usually happens in University politics, the Executive Committee of the Senate did a Cortland on the document I had worked on. So on the second reading I proposed and argued for an amendment that replaced the draft on the floor - that is, the Executive Committee's Cortlandized version - with mine. My amendment passed, and my draft was adopted as an academic policy. Here it is:
Freedom Of Expression
Preamble
Exposure to the widest possible range of ideas, viewpoints, opinions and creative expression is an integral and indispensable part of a university education for life in a diverse global society. California State University, Los Angeles, supports the right of individual students, faculty, staff and student organizations to exercise free speech, including but not limited to artistic, political, and/or symbolic speech, provided only that such expression does not disrupt normal activities or infringe upon the rights of others. This policy establishes reasonable, non-discriminatory, content-neutral guidelines and procedures designed to protect the rights of speakers and non-speakers, respect the rights of faculty and staff in the classrooms, ensure fair access and due process for those who wish to use the university's public forums, and maintain a safe environment on the university campus.
General provisions:
California State University, Los Angeles, supports the right of individual students, faculty, staff and student organizations to exercise all forms of expression and free speech including but not limited to artistic, political, and/or symbolic speech, provided that such activities do not prevent the university from carrying out other aspects of its mission, or infringe upon the rights of others.
Learning to respond to the widest possible range of free expression in a civil and responsible manner is an integral and indispensable part of a university education for life in a diverse global society. The university will not condone behavior that violates, by intimidation or force, the freedom of speech, choice, assembly, or movement of other individuals or organizations, or that restrains others' voluntary exposure to free expression and free speech.
Freedom of expression in the university does not extend to actions that are illegal under the constitutions, or under valid applicable laws, of the United States and of the State of California. This policy does not endorse, or relieve any person from legal liability for actions that amount to libel, slander, or infringement of intellectual property. All persons or groups engaging in activities on university property are subject to, and are expected to comply, with any applicable university policies and procedures.
Unless legally required to do so, CSULA does not support cooperation with individuals, organizations, or agencies that directly or indirectly investigate, surreptitiously monitor, infiltrate organizations or harass persons legitimately exercising their constitutional prerogatives of free speech and assembly.
The mention in this policy of certain means and contexts for freedom of expression shall not be construed to deny or disparage any aspect of freedom of expression by other means or in other contexts.
Whenever any provision of this policy is subject to interpretation, it shall be interpreted to maximize freedom of expression, consistent with the educational mission of the university and with the constitutions and laws of the United States and of the State of California.
Your comments are welcome.
