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Athens, Ohio: New Legislation Threat to Campus Free Speech
February 11, 2005
PEN USA’s First Amendment Action Committee is disturbed by the Ohio Senate’s bill, (Senate bill 24 “an academic bill of rights”
which is designed to prohibit public university professors from addressing controversial topics in class.
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This bill claims to “protect the academic integrity of the students,” however, many see it as threatening First Amendment rights of professors and students. Senate bill 24 contains nine articles that claim to promote academic freedom, but in reality the articles appear to limit classroom discussion.
The most disturbing section of the bill states, “Faculty and instructors shall not infringe the academic freedom and quality of education of their students by persistently introducing controversial matter into the classroom or coursework that has no relation to their subject of study and that serves no legitimate pedagogical purpose.” This part worries faculty because the decision over what material to cover and what is a “legitimate” purpose has traditionally been left up to individual teachers.
“It is threatening freedom of speech for all of us,” said Eugene Ammarell, who teaches sociology and anthropology. He wonders if this is “just a way to scare liberal faculty.”
PEN USA wonders if he might be right in his assumption, looking at a quote by Larry A. Mumper, the state senator who introduced the bill. Mumper said in a Columbus Dispatch article that the bill is in place “because 80 percept or so of them [professors] are Democrats, liberals or socialists or card-carrying Communists” who are attempting to “brainwash” students. He also called the professors part of the “anti-American” group from the 60s and 70s.
The bill is also impractical, as it would require universities to establish grievance committees to handle student complaints about any “controversial” coursework. “If a student files a grievance every time he disagrees with a professor,” says Ammarell, “it could become overwhelming.”
Another article in the bill states that students should be graded solely on their knowledge of subjects and not penalized for their political, ideological or religious beliefs. While this sounds ideal, the wording is so vague as to worry some professors about technicalities. “If someone decided to write a paper stating that Jews are biologically inferior, for example, that student would fail the assignment,” said Ammarell.
The Faculty Senate’s Faculty Relations Committee plans to introduce a resolution opposing the bill at Senate’s monthly meeting on Monday.
“[This bill] is a disaster waiting to happen. American higher education is built upon free speech and the open exchange of ideas. We don’t need to protect students from ideas,” states Phyllis Bernt, a professor in the School of Communication System Management and Faculty Senate Chair.
“Bills like this make me incredibly nervous,” agreed Martin Tuck, associate provost for academic affairs, “Professors should show good judgment about these issues. I’m against legislation to force it. “ Tuck also explained that the university already has mechanisms in place to handle student complaints about course material, and further rules are unnecessary.
Students’ opinions on Ohio public university campuses are varied.
Sophomore Jessica Stephen is against the new rules, “You need to get everyone’s opinion. Just because something is controversial doesn’t mean you should be in the dark about it. Why not have someone educated inform us about controversial issues instead of getting our news somewhere else?”
Other students disagreed. Freshman Deon Guillory says, “If someone takes offense to an issue, they should be able to stop it. Professors should respect their students.”
PEN USA’s First Amendment Action Committee feels good professors should, and do, respect their students without a senate action that tells them to. As Ammarell says, “I want to learn from my students. I make a point of letting my students know my opinions without stifling theirs. I encourage their opinions.”
Professors do not need a set of such strict rules, especially ones so vague and easily misinterpreted as the so-called “academic bill of rights.” This is trampling on the First Amendment in one of the last vestiges of free expression: the college campus.
Stephen Rohde, vice president of Freedom to Write domestic and lawyer specializing in First Amendment issues, said “ it’s perfectly obvious that the Ohio legislator in this case wants to impose his particular political ideas on students and ‘protect’ them from exposure to opposing ideas. He knows he can’t do that directly, so he’s concealed his true motives behind a bill that calls for an ‘academic bill of rights,’ hoping no one will have the temerity to object to such a laudable goal. But you can’t judge a bill by its cover. This one would do severe damage to academic freedom and plunge Ohio colleges and universities into a morass of grievance proceedings, second guessing professors and wasting their time, which should be better spent teaching students.”
Recommended Action:
Write the President of the Senate (R-Ashland) Bill Harris, requesting this bill be seriously scrutinized in terms of the many possible First Amendment violations.
President Bill Harris
Statehouse
Room #201, Second Floor
Columbus, Ohio 43215
phone: 614/466-8086