Regents approve punishments up to expulsion for UW students who repeatedly disrupt speakers

Milwaukee Journal Sentinel

The University of Wisconsin System Board of Regents on Friday passed a policy pushed by Republican state lawmakers to punish students on UW campuses who repeatedly disrupt campus speakers with opposing views.

University of Wisconsin-Madison's Bascom Hall.

The policy to address the so-called heckler's veto requires a student twice found responsible for disrupting freedom of expression to be suspended, and a student who disrupts three times to be expelled.

It defines offending students as those who engage in “violent or other disorderly misconduct that materially and substantially disrupts the free expression of others."

The policy further mandates that “protests and demonstrations that interfere with the rights of others to engage in or listen to expressive activity shall not be permitted and shall be subject to sanction.”

Battles over free speech erupted last academic year at universities across the country, when students used disruptive tactics to interrupt conservative speakers on campuses to the point that they could not deliver speeches.

Earlier this year, a demonstration turned violent at Middlebury College in Vermont when political scientist Charles Murray spoke on campus. Conservative provocateur Milo Yiannopoulos sparked protests, too, at the University of California-Berkeley and at UW-Milwaukee, as well as at other campuses.

Last fall, similar tactics were used when conservative commentator Ben Shapiro was a speaker at UW-Madison. According to an account of the protest from the Badger Herald, demonstrators interrupted Shapiro’s talk, at one point forming a line in front of the stage where he was speaking. They left after several minutes, and Shapiro continued with his speech and a question-and-answer session.

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Before passing the new Board of Regents policy Friday, several regents spoke about the importance of all viewpoints being both heard and respected on college campuses.

"I came to this country from Cuba when I was 14 years old," Regent José Delgado said. "I lived under a government that tightened the grip on public opinion, which ultimately led to violence. We must open our mind to rational discourse.

"I feel the pain when I hear an opinion I vehemently disagree with, but any limitation to this type of conversation cannot be accepted. And it would be a scandal to do so at our university, which is why I support this policy," Delgado said.

Civil discourse in America has gotten more "coarse" and tensions have heightened, Regent Robert Atwell said. The new policy, he said, "is not intended to chill free expression, but to preserve it and to make clear to those who would suppress it that we intend to recover the ability to talk to people with whom we disagree."

Individual UW campuses already have the authority under state code to sanction students for engaging in disorderly or violent conduct, in addition to a range of other behaviors. The regents’ new policy goes one step further by mandating sanctions if a student repeatedly disrupts the free expression of others.

Regents approved the new policy with one dissenting vote cast by state Superintendent of Public Instruction Tony Evers. He said he was concerned the policy was unnecessary, and that it would have a "chilling" effect on students expressing free speech through protest.

To protect the rights of those who disagree, policy codifies the UW’s current practice that a university cannot compel a student or employee to take a certain position on a public policy issue.

The new policy requires chancellors to report to the board if they do not suspend or expel a student found responsible for disrupting a campus speaker until legislatively required changes to state code are complete.

It also requires UW campuses to annually report to the regents their efforts to uphold the principles and to address the issue of freedom of expression during freshman and transfer student orientation. Campuses now must provide regular communication to all students and employees about the policy.

Last spring, Wisconsin Republican lawmakers joined lawmakers in other states around the country to consider legislation on the issue drafted by the conservative Goldwater Institute. Wisconsin's state Assembly passed legislation, but the Senate hasn't taken it up yet.

While several state Republican lawmakers supported a tougher stance on disruptive protesters — and the Assembly passed legislation about it last spring — two Democratic lawmakers on Thursday called a news conference to urge the regents to modify the proposed "Commitment to Academic Freedom and Freedom of Speech" policy.

Rep. Chris Taylor (D-Madison) and Sen. LaTonya Johnson (D-Milwaukee) said the policy reflected "misguided and constitutionally infirm" provisions.

“It’s disappointing that the UW System Board of Regents are willing to consider a policy that will give comfort to people coming to our campuses preaching hate and that we are threatening expulsions for students who stand up to hateful rhetoric and actions," Johnson said in a prepared statement.

Kat Kerwin, UW-Madison student and Associated Students of Madison representative, said as a campus leader and activist, she was concerned that the vaguely defined definition of punishable protest "may put my education at risk at the expense of my activism."