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Free speech hill has regulations

By Andrew Baker

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Published: Sunday, April 27, 2008

Updated: Sunday, April 12, 2009

Anyone who has spent time on campus during the fall or spring months has probably seen the infamous preachers in front of Stewart Hall, bellowing their ominous warnings of eternal hellfire for sinners who don't repent and accept Jesus Christ as their savior.

These feisty prophets have become a staple of campus life at SCSU, and have invoked negative reactions from much of the student body.

Fourth-year student Sonja Lindberg said throughout her time at SCSU she has often been offended by these preachers, particularly those who have made negative comments toward women and the GLBT community.

Lindberg said the best option for students who feel the same way when they hear these unsolicited public sermons is to just keep walking, a strategy that she said is working.

"This semester students aren't stopping as much," Lindberg said. "I think the preachers' effectiveness is dwindling."

Questions have been raised about the legality and appropriateness of the preachers' actions.

Interim Atwood administration director Ed Bouffard said the problem lies within a conflict between campus rules and state law.

"We have certain sets of regulations and rules for faculty, staff and students on our campus," Bouffard said. "But because we are funded by state tax dollars, we also have rules and regulations related to the public use of what they call the free speech base. The university has to provide areas for free speech."

First-semester student Jake Stoner e-mailed SCSU president Earl Potter in March

to inquire as to the identity of the preachers, whether or not they were students, and why their actions did not qualify as a violation of the university's policy on public expression, which prohibits "noise levels [that] interfere with classes, meetings, or activities in progress or the privacy of residence hall students."

Stoner, who was raised Mormon, said he believes in the separation of church and state and pointed out in his email that "while SCSU is not a government run or controlled facility, I'm sure the University receives federal money, plus a good portion of the students undoubtedly receive federal funds to attend."

Vice-President for Student Life and Development Wanda Overland responded to Stoner, saying that although the preachers "are not universally welcomed by the campus community, we uphold the constitutional right of freedom of expression for representatives of different religions, cultures, and political viewpoints."

Questions remain about what exactly these preachers are hoping to accomplish. A common speculation among students and others on campus is that the preachers are waiting for an excuse to sue the university.

Bouffard said this is true for some preachers, but not necessarily for the ones that have been seen on campus this year. Bouffard added that to date, no lawsuits have been brought against SCSU by any of the preachers who have utilized the free speech area, but that other universities have been less fortunate.

The power of SCSU's administration to put constraints on these preachers is limited.

Anyone wishing to use SCSU's public expression area must fill out a form indicating who they are and what they plan to do on campus. The only time constraints placed on preachers, or anyone else wishing to use the area, occur when a pre-planned university event is going on at the same time.

Four free speech "bases" can be found on campus. The area in front of Stewart Hall is the one most commonly used.

Even as SCSU finally recovers from the well-publicized rash of swastikas on campus, questions over the definitions and limits of free speech and hate speech continue to be raised among students and faculty.

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