Nation's campuses question free speech 'zones'
October 29Protest regulations known as "free-speech zones" have caused turmoil recently across the nation's campuses, with students complaining that the school policies are unconstitutional because they limit free speech in certain areas. While there are currently no speech-zones in place at Tufts today, a look at past University history shows the policy idea is not so distant. Speech-zones are being created as a method of designating times and locations for specific types of speech in an effort to limit campus disruption. These may include rules for flier distribution, chalking, and the use of bullhorns. Nationwide, universities including Florida State, the University of Houston, Iowa State University, the University of Mississippi, the University of West Virginia, and the University of Wisconsin system currently have free-speech zones in place. Fourteen years ago, Tufts would have joined that policy list. The free-speech zones were implemented here at the University in 1988, after a male sophomore sold t-shirts listing 15 reasons "Why Beer is Better Than Women at Tufts," a female student at the University complained to administrators. The male student was placed on probation and ordered to perform 50 hours of community service. Charges were eventually dropped, however, after it was discovered that Tufts had no rules explicitly prohibiting offensive speech. As a result, Tufts instituted a speech-zone policy where zones on campus were assigned varying levels of tolerance for speech that could be interpreted as racist or sexist. Academic buildings had limited tolerance, whereas dorms were no-tolerance zones. Violations were punishable, even to the extent of expulsion. Tufts said that racist or sexist language created an "intimidating, hostile, or demeaning environment for educational pursuits" and that it would not be allowed. Many disagreed with the new policy. It led to the Tufts Free Speech Movement, which protested the new policy by physically marking off the free and non-free speech zones. Participants in the movement held protest rallies and informed local media. Eventually, Tufts was forced to withdraw this policy in face of accusations of constitutional infringement, both from campus sources and across the nation. Today, Dean of Students Bruce Reitman does not support the policy decision made over a decade ago under President Jean Mayer. "People have to be able to express how we differ in background, race, and religion, to name a few," Reitman said. "We at this University wish to promote and naturally cherish the tenets of freedom of expression," he said. But the distinction between offensive speech and harassment is a "gray area," according to Reitman. While the former, he said, can certainly be obnoxious, it is not illegal. The latter is. When Iris Halpern brought a case against The Primary Source a little over a year ago, the campus was embroiled in a debate about where those borders fell. Halpern, co-founder of Student Labor Action Movement (SLAM) for the increase of janitor wages, placed charges against the Source, a University-funded publication, when it ran a cartoon that allegedly objectified Halpern's body. Halpern believed the cartoon constituted sexual harassment, and that the Source should be punished accordingly. The Committee on Student Life (CSL) dismissed the charges, but some students responded angrily to the decision. "We care about and protect our right to free speech," one member of the Tufts Feminist Alliance (TFA) said. "But we do not believe that we should be made to feel threatened and unsafe through the words and actions of fellow students." This opinion is shared by former Vice President of Arts, Science, and Engineering, Mel Bernstein, who left Tufts over a year ago to become the provost at Brandeis University. "People are free to speak as long as they don't put others in harms way," he said. At Tufts, Bernstein had introduced a pamphlet entitled "Confronting Intolerance" to the University community. The pamphlet advised students to report harassment to the administration. While Bernstein said that the pamphlet was always in keeping with the University's tradition of allowing people to express themselves, administrators at the time determined it to conflict with First Amendment rights, and it was taken out of circulation. Other free speech actions at the University have included the founding of a Tufts chapter of the American Civil Liberties Union (ACLU). Last year, then freshmen Jeffrey Finkelman and Rachael Tabak brought the ACLU to Tufts because they wanted students to have a peer-led organization to turn to for constitutional interpretation and support of the First Amendment Rights. The University is wise not to set a singular free-speech policy, Finkelman said. "I think it needs to be dealt with on a case-by-case basis, but the University should err on the side of free speech." Forums, Finkelman said, are far more effective than would-be rules for changing circumstances on campus. "I think forums are good for any issue to get both sides together," he said. While "civil dialogue is encouraged" at Tufts, according to Reitman, the University prohibits speech that is can be considered harassment on the basis of race, gender, sexual orientation, or age. Instead, administrators want to encourage "community conversations," Reitman said. Under this system, both parties _ those accused of offensive speech and those offended _ come together to participate in an open forum with the hope of resolving the issue. This system would function much like the procedure the administration adopted in the case of the Delta Tau Delta (DTD) fraternity, which posted an advertisement for Fall Rush events last year that was considered offensive by members of the TFA. The poster included a prominent picture of a female model posing in her underwear _ which, the TFA claimed, overshadowed the actual events advertised. Members of the TFA held a sit-in of the DTD fraternity house to protest the poster, saying that it promoted the objectification of women. DTD later agreed to participate in an open forum to discuss the issue with the TFA.

