The Foundation for Individual Rights and Expression (FIRE), a non-partisan organization protecting free speech rights on college campuses, argues that a portion of Emporia State’s free expression policy violates students’ First Amendment rights. 

In a letter sent to ESU President Ken Hush on Oct. 15, Haley Gluhanich, senior programs officer of campus rights advocacy at FIRE, wrote that the policy is “overbroad” and “impermissibly vague” when it comes to the free expression activities students are disallowed to engage in indoors. 

The portion of the policy on free expression, found in the University Policy Manual, states that “No free expression activities may occur inside any University building, arena, or stadium.” The policy does, however, allow “non-disruptive” free expression activities to occur “on all traditionally public areas such as lawns, quads, and green spaces.” 

Gluhanich said that the policy was brought to FIRE’s attention through the organization’s online admission form where individuals can report concerns about free expression.

“In this case, it was very clear that the policy is both overbroad and vague which constitutionally should not be happening,” Gluhanich said. “And because it is overbroad and vague it really puts a burden on student speech and Emporia as a public University is obligated to abide by the First Amendment, and because this policy puts a burden on student speech, it is in direct contravention to, you know, that obligation.” 

Gluhanich says that the policy as it currently stands could have a chilling effect on student speech on campus. Its vague nature calls into question what free expression activities are prohibited and when the policy can be implemented. She says that it could cause students to self-censor or be used against students in retaliation for their free speech. Gluhanich also indicates that the policy can apply to almost anything having to do with speech and expression because of its lack of specificity. 

“The way that this is written, it prohibits very basic things that people do…you can’t just have a casual debate with your roommate in your dorm room because that’s a University building. You can’t go to the library and write poetry…because the library, you know, is a University building and writing poetry is a free expression activity,” she said. 

The University contends that the policy does not infringe on their First Amendment obligations, and says that FIRE’s allegations disregard other portions of the free expression policy. 

“For instance, ESU’s policy clearly states, ‘University policies regulating availability and use of campus facilities shall be content-neutral and limited to narrowly drawn time, place and manner restrictions that are consistent with established principles of the First Amendment to the Constitution of the United States,’” said ESU Director of Marketing + Media Relations Gwen Larson in an email. 

The University maintains that the policy’s caveat prevents it from prohibiting all expressive activities in indoor areas, contrary to FIRE’s interpretation. 

In the Oct. 15 letter, FIRE proposed revisions to the policy that would clarify that “only substantially disruptive speech in university buildings, arenas and stadiums is prohibited.” They also offered to assist the University with the process free of charge. 

Gluhanich said that FIRE did not receive a substantive response from the University on either occasions or when she reached out to the University via phone. 

“Someone reading this may come across it and be like ‘oh it’s not that big a deal, maybe no one is getting punished by this,’ but that doesn’t mean no one is going to, and like I mentioned before, there is that implication that students are self-censoring,” Gluhanich said. “It’s really bad that this policy exists, especially at a public school. And because this policy is in the student handbook and applies to all students, it should be important to all of them. So I guess I really hope that students see this policy and kind of think about it and maybe will want to do something.”

ESU says it is open to improvements of the free expression policy given that they balance “the University’s duty to prevent unreasonable disruption of its educational mission and its duty to insure open, fair, and free expression as guaranteed by the First Amendment.” 

Individuals can suggest policy changes to the University Policy Manual through the suggestion form available at the University website.