Check out this news article on statesman.com.
After you do that, feel free to comment. Thinking about what you've learned in terms of First Amendment freedoms, public forums, school regulations and such, weigh in on what you think should happen. Be sure to provide some support for your opinion.
How might this play out at Texas State? Anyone have experience or know the rules about signs in windows at Texas State dorms?
UPDATE: Late-breaking development in this story. Here's the update.
15 comments:
Wow, this is indeed a great case for Media Law. I believe that there law stating:
"The university has had a policy for more than 10 years forbidding the posting of signs in dorm windows, said Jeff Graves, an associate vice president for UT legal affairs. The university wants to control the way its buildings look, he said, and doesn't want to seem as if it's endorsing a particular candidate."
Well, the question here is..Is a dorm a limited public forum? If so then the school has a right to put content-neutral time, place and manner restrictions on what signs are allowed to be posted in dorm windows. I honestly believe that the whole situation was taken completely out of proportion. I mean it's not like the guys where like Cohen and had a huge sign that said "Fuck the draft." But if the situation is similar to cohen then as the USSC would say this is political speech which is protected by the first amendment.
--Shammara Polk (9:30)
I found this link in the Dallas Morning News, posted the same day. I think UT handled this very well. Looks like we won't see a case out of this one.
In some of the cases we've covered, it didn't matter if the issue was protected or not by the First Ammendment but what the ordinaces and laws for that city and state were.
So, if the University has had a restriction on putting signs in the window, it doesn't matter if it's free speech or if it's a public forum, the university's rule doesn't allow signs, period.
Kimberly Keoghan, 930
It's an unfortunate rule on the UT campus. But, I suppose it's there for a reason. If they just want to keep clutter away form windows and they aren't specifally targeting political signs, then I guess it's okay, although a little lame. When I first arrived here in 2005, the first thing I saw hanging from a window was a confederate flag. If its a pre-existing ordinace, then there is nothing anyone can do about it.
Even though the university had a policy for ten years stating that you could not post signs in dorm windows, I think that these students are doing the right thing. This policy should be abolished. They should be able to exercise their “free speech” rights. I have seen signs displayed in dorm rooms at Texas State and have never heard of there being any controversy over this issue.
Lindsey Kimmons 9:30
They made the right move to suspend the ban... I think the issue of the students "renting" the living space deserved more attention than the article gave it. While the dorms are owned by the university, the students are paying to live there. Just as a property management company can't prevent you from sticking a political sign in your yard, a university shouldn't be allowed to prevent you from putting one in your window.
-Jordan Hoefar
9:30
I like what Powe said about "sanity," and the fact that left- and right-wing students and non-students came together. Even though the university changed the policy, you would think by 2008 such a large educational institution in a "liberal" state capital wouldn't have jumped the gun.
Does anyone know why the rule has only been in effect for 15 years?
Just because UT has a pre-existing ordinance banning signs from being displayed in windows does not give the University the right to limit students' First Amendment rights. Many pre-existing statutes and ordinances, as we have learned so far, have been deemed unconstitutional by the courts. So, although UT may have an ordinance banning a particular activity, that ordinance may in itself be unconstitutional and thus, void. I am glad University officials and student protesters reached a temporary agreement, but I also feel this would have made for a very compelling court case.
I'm glad that UT overturned the ban on signs in the window, it most definitely limits the students' First Amendment right of free speech. Their signs weren't disruptive, they weren't getting in the way of other students education. Their signs didn't involve hate speech, there was nothing obscene on the signs, just simply stating their favorite candidate. This is definitely a case of the violation of the Incorporation Doctrine. 14th Amendment states "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States..."
I think it's fine to ban political signs. Politics is a sensitive subject, that can sometimes lead to altercations.
I'm not saying to ban free speech. I think it's fine to talk about or hold a sign if you want, but to leave one up day and night where someone else's window might be facing or where students see it going to classes everyday. I think it's unnecessary.
Congratulations on picking a candidate. Go vote on Nov. 4 and keep it to yourself. There's no need to advertise your decision. Leave the advertisements up to the candidates because they're doing a good job on their own.
I think they should be able to put in their windows whatever they feel like as long as it is not offensive. Even though it is a dorm room, it is still someones home for the time that they are living there, and even though there are some restrictions and regulations in dorm rooms, you should still be able to decorate as you please as long as it is not offensive or damaging to the property.
I agree that the issue is determining whether or not the dorm is a limited public forum or not. If the school argues that it is then, i think they would have a hard time withstanding strict scrutiny of its effect of First Amendment rights.
I'm glad to see that the university ultimately allowed the students to keep the posters up. I feel as those a university environment should promote a student's ability and right to express themselves freely.
I think Trevor said it best:
"Just because UT has a pre-existing ordinance banning signs from being displayed in windows does not give the University the right to limit students' First Amendment rights. Many pre-existing statutes and ordinances, as we have learned so far, have been deemed unconstitutional by the courts."
He's right. Connor and Blake Kincaid should be praised for standing up to the UT machine and fighting for their constitutional rights.
If its written down somewhere and the students sign off on personal conduct guidelines, then the students dont have a leg to stand off. The university wants to remain neutral and i dont blame them. Sounds like a couple of kids who want to rebel for no particular reason.-----on the update, it seems as if UT officials are spineless. They make a law to ban signs and when they feel threatened and the possibility of the public hearing about them being showed up they remove the ban. Stick to your guns people!!
Post a Comment