In a closed session last week, the Virginia Tech Board of Visitors unanimously approved a resolution that, if enacted, would prevent certain organizations from meeting on university property.
Under the proposal, any person or group who endorses or has participated in acts of terrorism or domestic violence will be prohibited from holding events on campus. Final discretion will rest in the hands of the university president, to whom requests for meeting spaces must be submitted at least 30 days preceding the event.
Though the issue was not on the Board's March 10 meeting agenda, the resolution was passed without discussion, leaving room for interpretation of the terms domestic violence and terrorism, Virginia Tech Spokesman Larry Hincker said.
"It's part of the problematic nature" of the Board's decision, Hincker said. "No one really understands what the intent of the BOV was."
Passed with a contingency clause, the proposal requests a written opinion from state Attorney General Jerry Kilgore prior to adoption.
"The review is not yet complete," Kilgore spokesman Tim Murtaugh said. "I know that the attorney general is concerned that you balance First Amendment rights with public safety."
Critics of the BOV resolution questioned its impact on free expression.
"If a university cannot be open to discussion of all sides of an issue to all speakers, no matter what they advocate, then I think we have a major problem," said Edward Sewell, non-voting faculty BOV member.
Kilgore will consider the importance of preventing violence in his decision, Murtaugh said.
"The attorney general does not think it is appropriate to allow taxpayer-supported forums to stand up and advocate terrorism," he said, adding that there have been "concerns" with groups who foster "the advocation of violence in their foundation."
The speaker policy was created in response to radical groups such as the Environmental Liberation Front, which presents a conflict of interest with Board members, according to Sewell.
"One of our Board members is a major executive in the lumber industry," Sewell said. "The resolution came from one member of the BOV basically representing a business interest."
Robert O'Neil, University law professor and director of the Thomas Jefferson Center for the Protection of Freedom of Expression, challenged the constitutionality of the Board's proposal.
"It gives unfettered discretion over what messages may be disseminated on the Virginia Tech campus," O'Neil said. "It's essentially a gag on student activities and outside speakers invited by student groups."
Excluding California, which has a separate law for nonsectarian universities, O'Neil said all public colleges are required to respect the Freedom of Speech.
"In the other 49 states, it would be an entirely different matter for private schools," he said. "But Virginia Tech is a land-grant university."
The Board decision spurred a large student protest outside Virginia Tech President Charles Steger's office last week. The new speaker policy was drafted in the same meeting as controversial changes to admissions policies regarding race and gender.
"It's a really awful thing to do this because you come to college expecting to hear different viewpoints," said junior Matthew Noerpel, a member of the school's chapter of Amnesty International. "We're planning and fully intend to be very active about this."
Noerpel, who attended the student protest, said the policy is aresponse to an event featuring Earth First, a group sponsored by Amnesty International last month.
Sophomore Chris Franck said he is not necessarily opposed to the proposed resolution.
"My understanding is that they are trying to stop extreme right and leftist speakers who advocate domestic violence or terrorism," Franck said. "You have to look at the group and what they're representing."
Hincker said Steger was not consulted before the Board session and plans to contact Kilgore.
"The university president will be conveying a query to the Attorney General's office," he said. "If the resolution were going to be implemented, it would need some work."
Read More
U.Va. Faculty Senate overwhelmingly adopts a no confidence vote in Board of Visitors
By Xander Tilock | Yesterday"The Faculty Senate expresses no confidence in the Board of Visitors for not protecting the University and its president from outside interference," the resolution read.
Faculty Senate Executives hear from Rector Sheridan and Vice Rector Wilkinson
By Xander Tilock and Grace Traxler | 2 days agoRectors were in attendance for part of Wednesday’s emergency meeting and were asked about the interim president selection process.
Student leaders weigh the future of self-governance after Ryan's departure
By Brendon Bordwine | 4 days agoThe University has a historical tradition of student self-governance, which allows students to take part in decision-making processes.
