UNIVERSITY PARK, Pa. – The University has been made aware that student organizations at Penn State will likely be scheduling speakers this spring whose appearance may generate controversy on campus.
In recent years, speakers have visited campus to intentionally draw attention to themselves, including by espousing ideas that are in conflict with Penn State’s values related to diversity, community, belonging and inclusion. These speakers know that, as a public university, Penn State is obligated to uphold constitutional principles of free expression as guaranteed to all Americans under the protections of the First Amendment. In support of Penn State’s mission to educate, a primer on the First Amendment has been created.
“It is often difficult for members of our community to understand why this protection of free expression is honored in the face of hateful and offensive statements that characterize visits from these speakers,” said Andrea Dowhower, interim vice president for Student Affairs, which make it important for the Penn State community to engage in thoughtful conversation in advance of visits from controversial speakers.
“We should seek to understand the University’s obligations and responsibilities in this area, as well as the stake that each of us has in upholding free speech,” she said noting that any speaker’s presence on campus should not be interpreted as an endorsement of the speaker’s ideas by the University or its community.
Dowhower explained that, ideally, the best counter to speech we find abhorrent is more speech that clearly expresses our own better ideals, our values and our commitment to improving the lives and well-being of all members of our community.
“Freedom of speech is vital and we must guard it, not only because we are a public university bound by the law to do so, but more so because free speech and expression are at the heart of a free and democratic society,” said Dowhower.
The free exchange of ideas is necessary not only within our University community, but also within the world beyond, Dowhower emphasized. As a public university, if Penn State grants recognized student organizations the ability to host outside speakers, it may not pick and choose which speakers will be permitted to speak based on the content of their message. The law requires the University to be content and viewpoint neutral.
“We understand that these types of speakers say hurtful, bigoted and derogatory things. These individuals are professional agitators whose main intent is to rile emotions and cause unrest,” she said. “Our goal is to minimize disruption and impact on our community as much as possible – even while we know their rhetoric is meant to not only draw attention to themselves, but to divide our community. We must not let that happen. We must stand together and denounce their vile expressions.”
There are numerous support resources available for those within the Penn State community who may be negatively impacted by the appearance of these types of speakers, according to Dowhower. Click here for a list of resources. Dowhower also suggested that faculty, staff and students might become more familiar with the rights and responsibilities related to bias and free expression by visiting the following web site: knowyourrightsandresponsibilities.psu.edu.
While often at the center of free expression clashes, colleges and universities in the past several years have more frequently dealt with speakers who intentionally test the intersection of diversity and inclusion against free speech.
“A public institution cannot control speech. To not allow speech that some may find personally offensive not only violates the Constitution but would erode the basic freedom each of us shares to think and express ourselves as we wish,” said Frank Guadagnino, Penn State interim vice president and general counsel. “However, the University as an institution and we as a community can choose to reject or ignore it, hold alternative events, or to express contrary feelings in words of condemnation or with peaceful demonstrations.”
Guadagnino said that just as the University, as a public entity, upholds the free speech rights of speakers with which it and others may profoundly disagree, it also supports the rights of those who wish to protest peacefully against such speech or activities.
“We support students’ rights to engage in peaceful assembly and to protest, but all of those who attend an event and all of those who protest against it must do so peacefully and responsibly,” Guadagnino said. “At the same time, it is the job of University leaders to protect the safety of faculty, staff, students and visitors and also to ensure that normal academic, research and administrative activities of the University are not disrupted.”
Dowhower agreed and said students can organize and/or participate in protests with the assurance that they will not face repercussions from the University solely for their participation, because responsible and peaceful involvement is not a violation of the student code of conduct. However, students interested in using the power of their voice should also know that employing violence or threatening violence, or disrupting the normal functions of the University are not permissible actions.
To help the University community better understand expectations, Wes Sheets, interim chief of University Police and Public Safety, said non-violent tactics and maintaining distance from other opposing groups is the best way to remain safe and still exercise your First Amendment rights.
“The well-being and safety of our community is the priority, not only for University Police and Public Safety but for the University as a whole,” Sheets said. “Peaceful demonstrations are certainly permitted and groups who are planning to demonstrate are encouraged to discuss these actions with University Police ahead of any controversial events so that we may provide guidance on how to best use their voice without violating the law and the Student Code of Conduct.”
Sheets said that the expectations for faculty, staff, students and visitors during controversial events on campus is simple: The University expects both those supporting the event and those opposing it to act in ways that do not violate the law or the code of conduct.