Breaking the Small Business Code

NO Limits on College Political Speech - Part 3

       Per this morning's Inside Higher Education, the University of Illinois President  B. Joseph White sent an eMail affirming the right of employees to wear campaign buttons and attend political rallies on campus.  He said that university policy would not bar attending partisan rallies on campus, wearing political buttons, or having political bumper stickers on cars. 

     HOWEVER, he did say that these activities should not take place while employees are on duty [I bolded the phrase for emphasis].

     Gotta love those "wiggle phrases".  So President White, what constitutes "on duty" for a professor?  When are they "off duty" when at their campus worksplace? Can they wear their buttons when on "company" business off-campus? Is this how will you make sure your TAX-EXEMPT nonpolitical status is protected?

     Per my Blog on October 3, I had no objection to academic freedom of speech within the classroom. BUT I do think that University employees - and by this I mean mostly professors -- should be required to meet the same levels of neutrality WHEN IN THEIR WORKPLACE AND WORKING that I as a private citizen and employer also need to follow! The tax-exempt status of a state operated university should be held to the same standards!

     Having grown up on college campuses I can smell that this is a CYA eMail.  I know there will be little (if any!) attempt to enforce the off-duty requirement.  So professors will continue to do what they have always done  under the banner of  "academic freedom".  The university's nonprofit status is supposedly now protected by the insertion of the "off duty" phrase. 

    If I read about enforcement of the off duty requirement I will apologize.  But until then, I see this as another way professors will be allowed to break the rules that rest of us have to follow setting a bad example for our college students. 

Limits on Political Speech at Colleges - Part 2

 

    Yesterday, October 2,  students and faculty at the University of Illinois at Urbana-Champaign held a rally to show support for the presidential campaign of Barack Obama. In addition to showing their support, the goal was to show that the faculty will not follow guidelines issued by the university that bar them from rallies or wearing political buttons on campus. (See the Chicago Tribune for great report on the event).

     Per the article, the university says it isn’t enforcing the guidelines, which it says are required by state law.

     I admit that bothers me more than the predictable reaction of the professors. Why tell your employees about a rule if you aren't planning to enforce it!  That is CYA hypocrisy at its best. If someone complains about the violations the state will point to the rules - "gee guys, not our problem if those independent thinkers at the college don't want to follow the rules".  The university will then say it is "working with the state to clarify their intention".  A perfect dance trying to have it both ways!

    As I predicted in my September 24, 2008 Blog, the professors say that the guidelines unreasonably limit their freedom of expression:

     "They're trying to control our bodies and our voices any time we're on campus. These policies are clearly a violation of our 1st Amendment rights," said Dan Colson, an English graduate student who, along with other students, professors and free-speech experts, has lashed out.  Colson and others argue the University of Illinois was unfairly expanding state law.

     Here is the phrase from Colson that summarizes this and other debates on what laws should we PRIVATE citizens and businesses follow that ACADEMICS should not.  Per Colson:

" . . . that academic freedom meant campus communities should not be held to the same standards as other state employees."

     I appreciate the need for "academic freedom" as the daugher of a retired college dean but no offense guys, I need freedom in my business too!  But I am NOT allowed to say and do things that you are allowed to say and do at your workplace.  I cannot voice or demonstrate my personal feelings on many social and political issues because it is often ILLEGAL. 

     Per the State of Illinois, you have been notified your "workplace" has rules on endorsing candidates that jepoardizes the workplace's tax-free basis.  Yet you have decided you know best and will not follow those policies.  I see your point and I agree and I disagree.

     You have the right of free speech BUT you give up some of that freedom in exchange for a job.  I agree that there needs to be a more flexible standard on campus to allow for frank exchanges in a classroom on topics of concern.  However, I do not see that as being extended to a PERSONAL demonstration of support as in a rally or wearing a button until you leave the workplace.

    This is an important issue that needs to be discussed.  Where is the line between academic speech and unlimited speech exist for a college campus and ITS EMPLOYEES?  Where is that line compared to my freedom of speech in my workplace?

     And even more importantly, should professors be allowed to flout the rules and policies of their employer (the taxpayer in this case since this is a STATE university)?  Should they be allowed to do things you and I cannot simply because of where they work and what they do?  Should "academic freedom" be so broad that they can break the law with impunity compared to you and I?

    Let's chat!  I want everyone's opinion - colleges and private citizens.

Free Speech Versus Candidate Endorsement Limits

       A VERY timely and interesting article in the Inside Higher Education daily eMail today about the new University of Illinois policy that bans the wearing of campaign buttons, sporting of bumper stickers, and attendance at campaign rallies ON CAMPUS for employees of the University.  As expected, the outcry from staff and especially professors was quick and loud.

     Without taking sides, I wanted to explain to everyone what the issues were because it is a 4-way conflict between:

1. The right to free political speech,
2. Workplace rules,
3. The college's broad definition of workplace free speech, and
4. The IRS rules that nonprofits cannot directly support political candidates.

    First, we all have the right to support the political party and candidate of our choice under free speech.  On our private property and in the public locations, we can do, wear or say pretty much whatever we want as long as it follows the law.  It is not only allowed, it is encouraged that citizens be legally pro-active in the political process.  So if you want to wear a button or put a poster in your window or a sign on your lawn, it is your right.

     However, political speech can be constrained by the policy of your workplace as long as it is equally applied.  Companies usually restrict things that an employee may find offensive. This is because of all the lawsuits that have been filed regarding hostile or discriminatory work environments.  So most employers practice work site neutrality for virtually everything from religion to politics.  As an employee, you can expect to be asked to remove or cover political buttons or t-shirts.

    What creates a challenge for colleges is they do not think of themselves as a "traditional" workplace.   Colleges consider themselves a unique location where free speech of any kind is considered an essential part of their reason for being.  University staff usually felt their colleges were  "public" areas where workplace rules do not apply.  Students as "customers" are allowed to freely express their beliefs on campus.  So it was natural for professors and staff  to feel they too could participate as if the college were not their workplace!    But this has now run headlong into IRS rules for nonprofits!

     The IRS rules on nonprofits are VERY clear that they are not allowed to be partisan and support a specific political candidate.  This means that university employees including professors cannot show support WHILE THEY ARE BEING EMPLOYEES.  So to protect their tax-free status, the U of Illinois has issued rules on what staff can and cannot have or do while on campus -- their workplace. 

    It will be interesting to see if the professors on the U of Illinois finally understand what it is like out here in work-land where we have to adhere to rules that they have traditionally supported but not been constrained by because of their "special" nature. 

    What do you think of the new policy of U of Illinois?