The state of Kansas is in the process of creating a free speech bill which would remove limits on where students can practice organized free speech. Currently, the bill is still in the Senate. It will go to the House of Representatives and then must be approved and signed before it becomes a law, according to Gwen Larson, assistant director of media relations.
Senate Bill No. 340 is formally known as the free speech protection act, according to Kslegislature.org.
According to the bill “an institution has a responsibility to promote a lively and fearless freedom of debate and deliberation and protect that freedom.”
If passed, it would reverse policy 3D.07 “Use of University Property for free expression activities” in the ESU policy manual.
“The public character of the University does not grant to individuals an unlimited license to engage in activity which limits, interferes with, or otherwise disrupts the normal activities for and to which the University’s buildings, facilities and grounds are dedicated and said buildings, facilities and grounds are not available for unrestricted use by non-University groups,” according to the policy.
The policy states that these time, place and manner regulations are “intended to balance the University’s responsibility to fulfill its mission as a state educational institution of Kansas with the interests of constitutionally protected speech, assembly or expression.”
It also designates “free expression activities,” which include activities such as distribution of pamphlets, demonstrations, rallies, speaker appearances in outdoor areas and protests. According to the policy, these activities must remain in the “Designated Limited Forum Areas.”
University policy states that any group of ten or more individuals of any age must comply with requirements stated in this policy. The areas designated as limited forum areas at ESU include Union Square, Phipps Sunken Garden and the open quad between Beach Music Hall, King Hall, the Memorial Union and Roosevelt Hall.
“I do see students using these areas, they are easy for people to gather,” said Larson. “We saw it with the Justice for Jane.”
If the bill is passed, the “Designated Limited Forum Areas” policy would be overturned, as well as the “Free Expressions Activities Policy.”
This would take away any restrictions and obligations to formally organize a movement held on ESU’s campus.
Republican Senator Ty Masterson, who introduced the bill, said that free speech hasn’t been much of an issue on Kansas campuses, according to usnews.com.
He calls the bill a pre-emptive measure to prevent a “political arms race” in which faculty or students on one side of the political spectrum silence those on the other side,” usnews.com said.