HAMPTON, VA -- The American Civil Liberties Union of
Virginia today sent a letter asking Hampton University officials to refrain from
punishing seven students accused of violating school policies by distributing
leaflets on campus. The letter recommends that the university revise its
rules governing demonstrations and distribution of literature in order to ensure
student free speech rights on campus.
“In a free society,
universities, both public and private, play a critical role in protecting the
marketplace of ideas,” said ACLU of Virginia Executive Director Kent
Willis. “We fully understand that as a private school, Hampton University
is not literally bound by the First Amendment, but it ought to do everything
within reason to respect the spirit of free speech.”
“We not
only hope that Hampton University will refrain from punishing these seven
students, but that it will use this opportunity to revise its policies on free
speech,” added Willis. “Hampton’s draconian campus speech rules are out of
step with other universities.”
According to news reports, on November 2,
seven Hampton University students associated with Amnesty International were
part of a student walk-out and teach-in on the issues of New Orleans urban
renewal, the AIDS crisis, homophobia, the prison industrial complex, the war in
Iraq and the crisis in Sudan.
The primary action taken by students was to stand at the student center and hand out leaflets. Hampton University campus police shut down the event, videotaped the students involved and seized the ID cards of several students. The seven students are now facing disciplinary action for posting and distributing flyers, “cajoling” students and holding a campus activity.
Under Hampton University rules, all
leaflets and other protest activities by students must be approved in
advance. Even then, only recognized student groups qualify to receive
permission to engage in such activities. Hampton University has refused to
recognize an Amnesty International chapter, despite repeated attempts by
students to establish the organization on campus.
The ACLU of Virginia’s
Legal Director, Rebecca K. Glenberg, will advise the seven students prior to and
at disciplinary hearings scheduled for tomorrow morning at 9:00 a.m.
The
letter sent Willis to Hampton University officials
follows.
December 1,
2005
Via Facsimile
Woodson H. Hopewell, Jr.
Dean of
Men
Jewel B. Long
Dean of Women
Hampton University
Hampton, Virginia
23668
Dear Dean Hopewell and Dean Long:
I write
in support of the seven students who are scheduled for disciplinary hearings
this Friday, December 2. The ACLU of Virginia urges you to respect the
principle of academic freedom by refraining from expelling or otherwise
disciplining them.
It is my understanding that students at
Hampton University have been seeking recognition for an Amnesty International
chapter for at least four years. Every time they apply for recognition
they are denied or are told that their application has been lost. As
a consequence of the unrecognized status of their organization, the students
were unable to receive authorization for the dissemination of information and
other free speech activities, leading to the present charges against them.
As I do not need to tell you, open debate and ideological
diversity are not only touchstones of a good education and a vibrant campus
life, but also defining attributes of a free society. The ACLU of Virginia
fully understands that as a private school Hampton University is not bound by
the First Amendment of the Constitution. However, we support and encourage
the widespread application of the spirit of the First Amendment beyond the
boundaries of public institutions. This is especially true of colleges and
universities, which from the beginning have served as our nation’s principal
marketplaces for ideas.
I have attached for your review a copy of
the Joint Statement on Rights and Freedoms of Students (www.aaup.org/statements/Redbook/Studentrights.htm),
which has been endorsed by the American Association of University
Administrators, the American Association of University Professors, and the
Southern Association for College Student Affairs, among other groups. As
that document observes, “Academic institutions exist for the transmission of
knowledge, the pursuit of truth, the development of students, and the general
well-being of society. Free inquiry and free expression are indispensable
to the attainment of these goals.” As part of the freedom of expression,
students “should be free to organize and join associations to promote their
common interests,” and “should always be free to support causes by orderly means
which do not disrupt the regular and essential operations of the
institution.”
Accordingly, I ask that you not punish these
students. Additionally, we recommend that Hampton University begin a
process of altering its policies to give student expression its due
respect.
I would also like to make you aware that ACLU of Virginia
legal director Rebecca Glenberg will be advising the seven students prior to and
during the hearings tomorrow.
Hampton University’s motto is "The
Standard of Excellence - An Education for Life." In order to live up to
this motto and maintain a standard of excellence, it is essential that the
ideals of free association and free expression be not only tolerated, but
wholeheartedly
encouraged.
Sincerely,
Kent
Willis
Executive Director