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Speech Code of the Month: University of Southern California
Āé¶¹“«Ć½IOS announces its Speech Code of the Month for January 2012: the University of Southern California (USC).
±«³§°äās policy on āAdvertising, Promotion, and Literature Distributionā prohibits the posting or distribution of any printed materials that contain āderogatory language or material that is aimed at harming a specific person or an organizationās reputation.ā This policy prohibits a large amount of expression protected by the First Amendment, including the kind of core political expression that lies at the heart of the First Amendmentās protections. Although USC is private, its policies ārecognize[] the crucial importance of preserving First Amendment rightsā and promise that āevery member of the academic community shall enjoy the rights of free speech, peaceful assembly and the right of petition.ā This policy is a serious breach of these promises (as well as a violation of California law, which requires secular private institutions to uphold studentsā First Amendment rights).
As primary season kicks off, political speech is making headlines. Today, a political action committee (a āsuper PACā) supporting Republican presidential candidate Newt Gingrich for a 27-minute movie attacking fellow presidential hopeful Mitt Romney. In the trailer, Romney is referred to as, among other things, a āpredatory corporate raiderā and a āscavenger.ā These attacks come after a super PAC supporting Romney in Iowa that are widely perceived to have hurt Gingrichās campaign. Among other things, the ads that Gingrich had āmore baggage than the airlines.ā
These types of criticisms are nothing new. Indeed, a released by ReasonTV, which uses language from the 1800 U.S. presidential campaign, demonstrates that brutally harsh political campaigns are as old as American political campaigns themselves.
Under ±«³§°äās policy, all of this political speech, old and new, would be prohibited. This is because, for better or for worse, much political campaigning is an effort to āharm a specific personās reputationāāthat of oneās opponent. And unless it is unprotected , this type of speech is protected by the First Amendment. Indeed, if a political candidate believes her opponent to be unfit for office, she has every right to share that information with the voting public; this is an important component of political expression.
With the road to the 2012 elections heating up, supporters of free speech and expression must guard vigilantly against restrictions on political speech, which frequently comes under attack on campus. Just last month, Āé¶¹“«Ć½IOS had to intervene after Auburn University ordered a student to remove a Ron Paul banner from his dorm room window. The contentious 2008 election season was also rife with censorship of political speech. Policies like ±«³§°äās make it all too easy for universities to censor political speech and expression they donāt like under the guise of simply enforcing their policies. For this reason, ±«³§°äās āAdvertising, Promotion, and Literature Distributionā policy is our January 2012 Speech Code of the Month.
If you believe that your college's or university's policy should be a Speech Code of the Month, please emailspeechcodes@thefire.orgwith a link to the policy and a brief description of why you think attention should be drawn to this code. If you are a current college student or faculty member interested in free speech, consider joining Āé¶¹“«Ć½IOS's Campus Freedom Network, an organization of college faculty members and students dedicated to advancing individual liberties on their campuses. You also can add Āé¶¹“«Ć½IOS's Speech Code of the Month Widget to your blog or website and help shed some much-needed sunlight on these repressive policies.
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