The issue of free speech rights at Arkansas Tech has recently been discussed and written about in our community and on our campus. This column will set forth the University’s position and policies that are in place to ensure that our faculty and students continue to have the ability to exercise their First Amendment rights.

Free speech rights are granted under the First Amendment to the United States Constitution.  These rights are not without some limitation.  For example, the United States Supreme Court has stated that there is no First Amendment right for a person to cry “Fire!” in a crowded theater.  Likewise defamation is not speech protected by the First Amendment.  Similarly, Arkansas Tech University is not required by the First Amendment to allow disruption of our core functions of teaching and learning.  For example, absent policies directing where activities like protests on campus can occur, our biology classes could potentially be subject to disruption by animal rights activists. This would, obviously, have the effect of disrupting the classroom, the learning environment, and ultimately our student’s ability to obtain an education.  Additionally, this would infringe upon the academic freedom of the faculty member involved.

Because teaching and learning are the core functions of institutions of higher learning, the law is very clear that colleges and universities can make reasonable time, place and manner restrictions on free speech activities in a public forum.  This had led most state-supported universities, including Arkansas Tech, to establish policies regarding free speech areas. These policies attempt to balance free speech rights with the mission of universities and do not in any way impact the content of a person’s speech. Whether the administration agrees or disagrees with what a protestor has to say is not relevant under our policy.

The Gideons, itinerant preachers, political parties, and other individuals with personal or political statements to express have used Arkansas Tech’s free speech zone.  The university reserves the right to regulate the time, place and manner so that our normal business can continue and to ensure the safety of those involved in the expression as well as others on campus.  We ask that those using the free speech area abide by all campus regulations.  However, our policy does not regulate the content of any speech.

As the administrator charged with the oversight of this policy, my concern is for the content neutral application of the ability to express one’s views in a safe and non-disruptive manner. Contrary to statements made by students at a recent demonstration against this policy, there have been no “efforts that prevent” anyone from expressing their views. Particular mention was made concerning the administration’s censorship of a recent play. In truth the play was not censored, it was merely postponed to ensure the safety of our faculty, students and staff. And I can assure those students who were concerned that speaking freely might impact their ability to graduate, that the administration will never punish a student who follows the rules of conduct as outlined in the student handbook.

To all the students who participated in the event, I applaud your effort and welcome the discussion. I am glad that you are here at Tech and I will always work to represent your best interest, whether that be in gaining an education or learning to express yourself in society.  It is my sincere hope that as you progress through your studies, the pursuit of truth, justice and an outstanding education will prepare you for the real world. And when you graduate and enter the workforce, I suspect that you will have a greater appreciation for the level of free speech you had access to while here.


Dr. Gary Biller
Vice President for Student Services