The University of North Carolina at Pembroke is dismantling its free-speech zone policies after receiving a threat of legal action from attorneys of Alliance Defending Freedom.
The process started last August when the Young Americans for Liberty chapter at UNC Pembroke began rallying on campus, which was in violation of the campus’s speech codes.
The group held several free speech and recruitment events on campus — one of which involved writing pro-First Amendment messages on a large beach ball. This was in violation of several restrictions issued by UNC Pembroke in regards to their policies on free speech — specifically that speakers must be registered with campus authorities prior to an event and speech events are to be confined to two designated areas on campus.
While the club wasn’t punished, Alliance Defending Freedom sent a letter to UNC Pembroke Chancellor Robin Cummings, pointing out that such a speech restriction is not only unconstitutional, but in violation of North Carolina state law.
HB 527, which was implemented into law in the state in June 2017, states that “it is not the proper role of any University to shield individuals from speech protected by the First Amendment, including, without limitation, ideas and opinions they find unwelcome, disagreeable, or even deeply offensive,” and “any restrictions on speech must be content and viewpoint neutral, and narrowly tailored.”
The letter, sent by the Alliance Defending Freedom and attorney Bryce Neier, explicitly threatened litigation on behalf of Young Americans for Liberty in order to solidify these freedoms as defined by state law and the Constitution.
As a result, the university reviewed and revised their speech codes, dropping the context of designated areas and allowing all students to freely exercise their rights. The new policy makes it abundantly clear that “Nothing … shall be interpreted as limiting the right of student expression elsewhere in the outdoor, publicly available areas of campus. This includes the right to engage in spontaneous, unregistered expression.”
Young Americans for Liberty is calling this a “robust revision” to UNC Pembroke’s previous policies.
“Free speech without fear of punishment is a core constitutionally protected freedom that our nation’s public universities should respect,” said ADF legal counsel Caleb Dalton. “We commend YAL students for standing up for the free marketplace of ideas on their campus. We also commend UNCP for quickly revising its policies to ensure that the next generation of students can speak freely and peacefully, regardless of their viewpoint, without fear of penalties.”
