The publicly funded University of Iowa holds a yellow speech code rating from the Foundation for Individual Rights in Education, or FIRE.
A “yellow light” institution is one “whose policies restrict a more limited amount of protected expression or, by virtue of their vague wording, could too easily be used to restrict protected expression.”
This rating is due to a number of potentially troubling policies including one that restricts public demonstration. According to the current policy on “Use of Campus Outdoor Areas,” students and student organizations can host public events on outdoor grounds so long as they comply with time, place, and manner restrictions put in place by the university. The use of such a policy allows for the possibility of the school’s administration to choose which student organizations can or cannot demonstrate on campus.
“For four years, Dr. Bill Nelson and his staff made me and countless other conservative students jump through a cornucopia of hoops in order to spread the word of liberty on campus,” Alex Staudt, Young Americans for Liberty’s director of free speech, told Red Alert Politics, reminiscing about his time at the University of Iowa. “The university took our table, told us we couldn’t talk to students waiting in line for lunch, and limited our right to free speech to two small areas on campus.”
This policy causes further concern, thanks in part to some troubling actions recently taken by the university that go against the idea of free speech.
The University of Iowa is currently being sued by a Christian student organization, Business Leaders in Christ, because they were kicked off campus for allegedly violating the school’s anti-discrimination policy. The controversy stems from the group allegedly prohibiting a gay student from obtaining a leadership position because of his express “reject[ion] [of] BLinC’s religious beliefs and [statement that] he would not follow them.”
The student then filed a complaint and, upon university investigation, the school demanded that Business Leaders in Christ amend its statement of faith.
“The biggest problem is that the policy and restrictions are different stories. They have fairly restrictive policies, but they don’t enforce them,” University of Iowa student Andrew Bartholomew told Red Alert Politics. “They do a shadow policy where they have them on the books but they don’t enforce; they just keep them in pocket for people they don’t like Business Leaders in Christ.”
The current demonstration policy can be easily used by administration to restrict students’ First Amendment rights. Paired with the school’s recent actions, demanding a faith-based organization change its statement of faith provides cause for concern over the current wording of speech policies.
“I love my alma mater and I’m so thankful for the hardships the administrator put us through because it is single handedly the reason why I’m such a fierce advocate for the First Amendment,” Staudt told Red Alert Politics
Update: The University of Iowa responded to Red Alert Politics’ request for comment, stating that “The University of Iowa values the First Amendment and freedom of expression… While events must be approved by IMU Event Services, the office may not deny any application for any reason that would deny constitutionally protected rights of freedom of speech and assembly.” However, the statement also confirmed that “Groups who hold an event in the designated outdoor spaces without requesting a permit will be asked to cease their activity until one can be issued.”