Professor’s Firing Opens Debate on Free Speech and Safe Spaces on College Campuses
America ı By Felix Rippy
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2.) Nonpublic and/or Limited Public Fora: With regard to the entire remainder of the university, it is designated one of two types of fora...either a 1.) nonpublic or 2.) a limited public fora, which comprise all other buildings and places on campus, including residences, classrooms, offices, athletic and recreational and religious areas and structures as well as power and maintenance facilities. The “nonpublic fora” are areas simply not compatible with any expressive activity at all other than what might be scheduled there at that time, and would include the private offices of the administrators, concert halls during events, the athletic or recreational facilities or college power plant or police station and the like. The rule with regard to these nonpublic fora is simply that they are available only for the purpose intended – in a math class or a choir concert there is no room for unrelated expressive activity and restrictions on other activities are only reviewed for rationality.
On the other hand, in limited public fora, the campus and facilities available subject to the following two priorities: first, as with the nonpublic fora, programs and classes of the college itself and its students. When these programs are in session they control exclusively. Second, however, programs in these limited public fora may include expressive activity sponsored by IUPUI or its affiliates and members of the non-university public may be invited to attend, report, or my even be creating the program. The important thing to note is that limited public fora are limited to activities that IUPUI sees in its sole discretion as benefitting its entire university community and thus either registered student organizations or non-university organizations must follow the permitting process. The school may refuse to allow content in these limited public fora that the school feels does not benefit the school community, although the school may not discriminate between viewpoints.
Thus, these limited public fora parts of the campus and facilities are not available for use except as permitted by the process above. Furthermore, on campus distribution of written material by students or others permitted to use the limited public fora, is permitted as long as it is within the bounds of the speech code outlined below, which goes beyond and prohibits more unwanted, destructive speech than the Constitutional limits in the public or open fora. In the public or open fora, the Constitution simply allows school rules to prohibit constitutionally unprotected speech, such as fighting words, libel, and obscenity. In the limited or private fora, the below speech code and permitting process controls.
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