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Page 1 of 2 Navigating Law, Policy, and Politics

©2013 Argosy University

Scenarios Scenario 1: You are the president of Merrywood College. At a voluntary school assembly, a student delivers a speech nominating a candidate for the student government office. Approximately 80% of the student body attends this school-sponsored activity. The student uses a graphic sexual metaphor throughout the speech. The speech begins, “I know a man who is firm—he’s firm in his pants, he’s firm in his shirt, his character is firm . . . but most of all, his belief in you, the students of Merrywood, is firm.” Prior to the assembly, two professors had advised the student not to give the speech because it was inappropriate. The next day, the dean of academic services notifies the student that his speech was in violation of the school’s disruptive-conduct rule. He is given an opportunity to explain his conduct. The student admits he knew he was using explicit sexual innuendos, and he is suspended for the remainder of the semester. Although he would be eligible to graduate, his name is removed from the list of potential graduation speakers. The student’s parents appeal to you to reinstate him and permit him to speak at the graduation. You have to write a letter to the parents, answering the following: Is this speech protected? If not, what harm might occur as a result of the speech? What value or right is conflicting with free speech in this case? Scenario 2: A state college installs information kiosks in front of the library and the main administrative building that every student and faculty member passes during the week. These four-sided kiosks are adequately sized so that students can post their informational posters and other notices. Any student or student organization can place a poster or other notice on a kiosk on a first-come, first-served basis. The only requirement is that the poster must be dated and removed within one week and that it should not cover other posters. Initially, the kiosks are used primarily to post notices of student organizations’ meetings and events. However, gradually, students increasingly start using the kiosks for notices that make controversial political statements, for example, notices glorifying the use of marijuana, condemning homosexuality, and criticizing Muslims for following a so-called terroristic religion. Many of these notices are written in crude language, sometimes including racial or sexual slurs and offensive drawings that may depict racial or religious stereotypes or sexual innuendos. There is also an increase in the number of notices that stridently criticize particular college administrators, usually by name. For example, some notices criticize the vice president of student life for recognizing a student Christian organization that refuses to admit practicing homosexuals while other notices charge several named faculty members with coercing students to have sex with them. Most of these notices, as well as the notices making political statements, are posted anonymously. In addition, many of the posters and notices are large and garish (presumably to attract attention) and often protrude outside the 4′ × 4′ posting area of the kiosks. The overall effect is to give the kiosks an unkempt or tacky look that university administrators think would be displeasing to campus visitors.

Page 2 of 2 Navigating Law, Policy, and Politics

©2013 Argosy University

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Scenarios

The director of student activities and the vice president of student life are concerned about these changes in the types of posters and notices. They ask for your advice on whether, under the First Amendment, they may implement additional rules to alleviate the new problems that have arisen related to kiosk postings. Are there additional, perhaps more specific, questions that the director of student activities should ask? What proposals would you make for additional rules or procedures regarding the kiosks or related matters? What information would you want to collect to elucidate the problem or to help you think through and support your proposals?