According to established federal case-law it is illegal for a public university to attempt to censor the content of student speech, this includes using budget cuts as a weapon. But this doesn’t stop all too many college administrators who think that the Constitution doesn’t apply to them….. that is…. till they face a lawsuit.
Roanoke Times:
The Collegiate Times will pursue legal action if Virginia Tech’s Commission on Student Affairs goes forward with plans to cut university funding to the newspaper and related student media products, according to a letter released today by the newspaper.
The CT is the student-led campus newspaper for Virginia Tech, but is owned and operated by Educational Media Company at Virginia Tech Inc., an independent entity.
The commission notified the newspaper Monday that it had been deemed in violation of the university’s “principles of community” for allowing anonymous online comments to be posted to the paper’s Web site.
In a letter dated Feb. 8, officials laid out a plan to cut university funding to the paper, the yearbook and other publications owned by EMCVT and ban student organizations from using university funds to buy advertising in the CT, a move that could shut down the paper.
Officials have asked the newspaper to disallow anonymous comments on stories at its Web site, saying that staff, students and some faculty had objected to comments they characterized as racist or otherwise offensive.
The paper has so far declined to change its comment policy or ban anonymous comments from the site, pointing out in a response letter to Tech officials that most newspapers across the country allow anonymous comments on their Web sites.
The move is “completely unconstitutional, as well as breach of contract,” CT General Manager Kelly Wolff said Thursday.
For some reason college professors and administrators can’t seem to understand what most high school graduates do; that the First Amendment was designed to protect potentially offensive speech. As far as racist speech, everyone knows that anything that the far left doesn’t like or can’t refute becomes labeled as “racist” automatically. The law is the law. It is illegal to discriminate on speech on the basis of content at a university. The First Amendment prohibits it. Universities lose court battles and/or on the losing end of a settlement at an alarming rate when illegally subverting free speech.
When VT realized that the Foundation for Individual Rights in Education had gotten involved and they were about to face legal action that they had no chance of winning, VT finally did the right thing and decided that following the supreme law of the land was a good idea.
College administrators are often paid six figure salaries to exercise good judgment, so why is it that cases like this are epidemic. They cannot claim ignorance because almost every campus has a law library and First Amendment scholars.