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Speech codes on trial at Penn State, Temple

By Mae Kerr
Rocket Contributor

Issue date: 3/3/06 Section: News
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First Amendment
(www.usconstitution.net)
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

Two similar federal civil rights lawsuits were recently filed against Pennsylvania State and Temple Universities by two Pennsylvania college students who claim their First Amendment rights were violated by restricting "speech codes" at the schools.

The Alliance Defense Fund (ADF) filed the lawsuits last week on behalf of students Alfred Joseph Fluehr and Christian DeJohn. The ADF is an Arizona-based legal advocacy coalition primarily devoted to defending religious liberties.

Fluehr, a sophomore at Pennsylvania State University, filed the suit, claiming that the school's policies on conduct suppress students' right to free speech. The suit also underscores the university's policies on harassment and intolerance.

DeJohn, a Temple University graduate student and military veteran, made related allegations about his school's speech code, claiming that two professors at the university held an antimilitary prejudice.

His rapport with Temple professors Richard Immerman and Gregory Urwin became tainted after he objected the circulation of "antiwar e-mails" and similar in-class discussions.

The suit contends that the professors prevented him from receiving his graduate degree because of their refusal to approve his master's thesis.

Speech codes are regulations that limit or ban any form of speech. There are several different types of speech codes, some of which cover sexual harassment, loyalty oaths, policies on tolerance and free speech zones.

Speech codes vary from school to school and are found in both public and private universities. The Foundation for Individual Rights in Education (FIRE) estimates that two-thirds of colleges in the United States have speech codes.

William Williams, provost and vice president for academic affairs, said Slippery Rock University does not currently have any speech codes in place.

"One student's freedoms cannot infringe upon another's, because it can create a hostile learning environment," Williams said. "A certain level of civility needs to be maintained."

He went on to say there have not been any concerns brought forth on this issue and if there were, it would be dealt with accordingly.

Regulations on freedom of speech have been a constant topic of concern in public and private universities across the country.

Many universities who feel pressure to decrease discrimination on campuses turn to speech codes as a way to deter students from such dialogue.

Areas of concern include speech that offends any group based on race, religion, gender, ethnicity or sexual orientation. Speech codes have re-emerged in universities, often veiled as non-discrimination policies.
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