The new rules were developed in response to a lawsuit that was filed by two UH Hilo students in federal court late last month alleging that the school violated their First Amendment rights because an official told them they couldn’t distribute copies of the Constitution at an outdoor event on campus.
The students said they were told they weren’t allowed to engage in such activity outside of the school’s so-called “free speech zone” and that they would’ve had to request advanced permission from the university had they wanted to distribute the documents outside of that zone.
The lawsuit, which made national headlines, parallels a suit in California that recently concluded in favor of students who sued their school over similar regulations. The students received a $50,000 settlement from the school, Modesto Junior College.
Since the UH Hilo complaint was filed on April 24, the plaintiffs and university “have engaged in productive discussions to resolve the lawsuit,” including permnanent changes to university policy and practices, according to a press release from the university.
The new interim policy reads as follows (bolding by Civil Beat):
1) UH-Hilo will implement Section 20-13-6 of the Administrative Rules for the University of Hawai‘i and Sections 10 and 11 of the Facilities Use Practice and Procedures, University of Hawai‘i at Hilo (July 1995) in a manner to permit student speech and assembly without first having to apply for or obtain permission from the University in all areas generally available to students and the community, defined as open areas, sidewalks, streets, or other similar common areas.
2) UH-Hilo will implement the solicitation policy as set forth in Section 20-13-7 of the Administrative Rules for the University of Hawai‘i and in Section 13 of the Facilities Use Practice and Procedures, University of Hawai‘i at Hilo (July 1995) in a manner to permit students to approach others on campus and to distribute non-commercial literature at UH-Hilo in all areas generally available to students and the community.
3) Notwithstanding the above, persons speaking, assembling, and/or distributing material shall not impede the progress of passersby.
4) Notwithstanding the above, no event, speech, demonstration, or other expressive activity on campus shall interfere with or disrupt the educational process or other scheduled activities of the campus or its facilities. This includes the use of any means of amplification that creates a noise or diversion that substantially disrupts the orderly conduct of the campus or classes taking place at that time
Photo: UH Hilo (Courtesy of UH Hilo)
— Alia Wong
