University may be infringing on students' rights


The American Civil Liberties Union said the university may be overlooking students’ First Amendment rights.

Emmons Hall resident Don Pasco, Muskegon sophomore, said he and his roommates had to remove pictures and items related to the terrorist attacks off their door.

“They said we had to take it down because it offended people. We had an American eagle, a picture of the World Trade Center exploding and a column. We had to take everything down except a CMU basketball schedule,” he said.

His room was not the only one, he said.

“It was the whole hall. American flags or pictures that were pro-American had to be taken down because they were offending to people,” Pasco said.

ACLU Michigan Legal Director Michael Steinberg, said the university may not be respecting students’ rights.

“The rules the university has set up appear to be problematic from a First Amendment standpoint. Students have the First Amendment right to express their support or opposition to U.S. foreign policy. The mere fact that a picture or statement might be offensive to some people is generally not sufficient to engage in censorship,” he said.

Posting an American flag is an expression of U.S. support, and is clearly protected by the First Amendment, Steinberg said.

“Even a picture of the Statue of Liberty holding up the middle finger seems to be political speech and we’re not talking about high school, we’re talking about college. Unless the posting or display will incite an imminent riot or violence, it seems to me that students have wide discretion in the statements or photos they post on their door,” he said.

Associate Director of Residence Life Shaun Holtgreive said the university doesn’t have a specific policy restricting students from posting items on their door.

“As long as it is not offensive materials, we don’t have a policy. If there are materials or items that provoke or incite, we would have discussion about the materials,” he said.

Residence hall directors are supposed to follow the rules set by Residence Life, Holtgreive said.

“We, as a department, set a standard, and the RHDs have a responsibility to follow that standard,” he said.

Herrig Hall RHD Jason Bentley said his hall grants a lot of discretion to students.

“What becomes a concern is anything offensive in nature. We look at what Affirmative Action does, and consult with (Affirmative Action Officer) Phyllis Powell if anything is in question. We do have standards as a community of what is acceptable, and students as a community set those standards,” he said.

If anything degrading is brought to the RHD’s attention, it will be addressed one-on-one, he said.

“The door is officially in the hallway and is in a public area under scrutiny of hall policy. We have had concerns in previous years, but nothing to date,” he said.

Holtgreive said RHDs do not have the power to create their own rules when following university policy.

Emmons Hall RHD Al Nowak said postings that are offensive are unacceptable.

“We look to create an environment conducive to academic study. If people choose to put something in their room, it’s OK. But the common areas have a posting policy. If offensive, defined as anything that degrades other individuals, verbally inappropriate messages, explicit pictures, nudity or any type of profanity, it is not allowed,” he said.

Safety and comfort are issues the resident assistants take into consideration, Jovak said.

“We look to make sure people feel comfortable. CMU has people with different ethnic and diverse backgrounds, and we want them all to feel comfortable going down the hall,” he said.

Abra Wise, Manchester sophomore, said she was upset she was asked to take down the pictures she posted on her door.

“I was kinda pissed. I thought it was a personal opinion,” she said.

E-mail forwards and pictures with the U.S. saying, “We’re coming,” were among the items Wise said she had to take down.

“I don’t think anyone had profanity and I don’t think they were that offensive,” she said.

Wise said her RA told residents of a staff meeting where they decided students had to take everything down.

“I thought it was a freedom of speech issue, but we were told to take them down,” she said.

Steinberg said the university has to keep the First Amendment in mind when they make rules.

“I understand the administration’s concern, but they have to remember as an arm of the state, they can’t engage in censorship of students’ expression. The answer to the problem is more speech not censorship,” he said.

Students with concerns can contact the Central Michigan branch of the ACLU by e-mailing dmsmith@alpha.delta.edu or by contacting the state office Web site at www.aclumich.org.

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