Posted on Sep 19, 2015
Can you believe they are requiring a "permit" to speak?
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Freedom of Speech
Political Correctness
College
Posted 9 y ago
Responses: 5
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SSgt Alex Robinson - Staff; People in the United States of America DO NOT have a "constitutional right" to 'Freedom of Speech'. What they DO have is a "constitutional prohibition" on CONGRESS enacting legislation which infringes on 'Freedom of Speech'.
The College of DuPage doesn't appear to be a part of "Congress" and has clearly set out that "Access to the College’s facilities is a privilege granted by the College,” and it does tell people what they have to do to be granted that privilege (which it appears the "petitioners" did not do).
The college may be a "public college" but it is NOT "Congress".
Although the college "should" not be restricting "free speech" it DOES have the legal right to do so. If people don't like the fact that the college has the legal right to "restrict free speech" then their course of action is crystal clear - have the law changed by inserting something along the lines of
[1] "No educational institution, secular or profane, shall, in any manner, impose any restrictions on the right of any person to hold, or express, any opinion or thought whatsoever upon its premises or property or using its facilities - even where that opinion or thought runs completely contrary to the stated aims and/or goals of the educational institution.
[2] "The fact that any thought or opinion was expressed at, or using the facilities of, an educational institution shall NOT constitute a defence against an allegation of either libel or slander against the expressor of that thought or opinion, but shall constitute an absolute defence against an allegation of either libel or slander or of incitement to commit criminal acts against the educational institution save and except where that thought or opinion is expressed as an official statement of the educational institution."
Sgt Richard Buckner - Sergeant; No, it isn't "illegal" is just isn't permitted at that location without complying with the rules and regulations governing that location.
The real problem is that the American judicial system has been incrementally divesting itself of the inherent power of the court to say "Counsel, do you really expect ANY intelligent person to believe that drivel? Because if you do then you are to dumb to be allowed out on the streets without a minder and if you don't then you are in contempt of this court. Which is it?".
The College of DuPage doesn't appear to be a part of "Congress" and has clearly set out that "Access to the College’s facilities is a privilege granted by the College,” and it does tell people what they have to do to be granted that privilege (which it appears the "petitioners" did not do).
The college may be a "public college" but it is NOT "Congress".
Although the college "should" not be restricting "free speech" it DOES have the legal right to do so. If people don't like the fact that the college has the legal right to "restrict free speech" then their course of action is crystal clear - have the law changed by inserting something along the lines of
[1] "No educational institution, secular or profane, shall, in any manner, impose any restrictions on the right of any person to hold, or express, any opinion or thought whatsoever upon its premises or property or using its facilities - even where that opinion or thought runs completely contrary to the stated aims and/or goals of the educational institution.
[2] "The fact that any thought or opinion was expressed at, or using the facilities of, an educational institution shall NOT constitute a defence against an allegation of either libel or slander against the expressor of that thought or opinion, but shall constitute an absolute defence against an allegation of either libel or slander or of incitement to commit criminal acts against the educational institution save and except where that thought or opinion is expressed as an official statement of the educational institution."
Sgt Richard Buckner - Sergeant; No, it isn't "illegal" is just isn't permitted at that location without complying with the rules and regulations governing that location.
The real problem is that the American judicial system has been incrementally divesting itself of the inherent power of the court to say "Counsel, do you really expect ANY intelligent person to believe that drivel? Because if you do then you are to dumb to be allowed out on the streets without a minder and if you don't then you are in contempt of this court. Which is it?".
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COL Ted Mc
Sgt Richard Buckner - Sergeant; In the United States of America the people have a LIMITED "constitutional right" to "Freedom of Speech".
The First Amendment reads "Congress shall make no law ... abridging the freedom of speech, ...". The operative CONSTITUTIONAL word therein is "Congress". "Congress" DOES NOT include any non-public, non-federal, non-legislative body and the college is NOT "Congress".
There is nothing in the Constitution of the United States of America that prohibits any non-public, non-federal, and/or non-legislative body from establishing protocols which limit a person's freedom of speech nor is there any judicial authority for overturning such protocols.
On top of that, that "Constitutional Right" has been ignored in many cases and THERE ARE Federal laws which restrict American's "Freedom of Speech" (i.e. it is illegal to utter a threat against the life of the President of the United States of America - regardless of how ludicrous that threat is). You might also want to take a look at the "Alien and Sedition Laws" (admittedly - eventually - found to be unconstitutional, but, nonetheless PASSED by "Congress" and under which people were charged, tried, convicted, and incarcerated).
You might also want to note that the people who wrote the Constitution of the United States of America DID NOT include any such written guarantee and it was only included because the Constitution of the United States of America would not have been ratified had it (and the other nine in the 'Bill of Rights') not been specifically written into law.
What America DOES have is a belief that Americans enjoy unlimited freedom of speech and it is only that belief - not the law or the constitution (which is a part of "the law") - that hobbles groups that wish to restrict it. Depending on the mood of the people, those hobbles can be very insecure.
The First Amendment reads "Congress shall make no law ... abridging the freedom of speech, ...". The operative CONSTITUTIONAL word therein is "Congress". "Congress" DOES NOT include any non-public, non-federal, non-legislative body and the college is NOT "Congress".
There is nothing in the Constitution of the United States of America that prohibits any non-public, non-federal, and/or non-legislative body from establishing protocols which limit a person's freedom of speech nor is there any judicial authority for overturning such protocols.
On top of that, that "Constitutional Right" has been ignored in many cases and THERE ARE Federal laws which restrict American's "Freedom of Speech" (i.e. it is illegal to utter a threat against the life of the President of the United States of America - regardless of how ludicrous that threat is). You might also want to take a look at the "Alien and Sedition Laws" (admittedly - eventually - found to be unconstitutional, but, nonetheless PASSED by "Congress" and under which people were charged, tried, convicted, and incarcerated).
You might also want to note that the people who wrote the Constitution of the United States of America DID NOT include any such written guarantee and it was only included because the Constitution of the United States of America would not have been ratified had it (and the other nine in the 'Bill of Rights') not been specifically written into law.
What America DOES have is a belief that Americans enjoy unlimited freedom of speech and it is only that belief - not the law or the constitution (which is a part of "the law") - that hobbles groups that wish to restrict it. Depending on the mood of the people, those hobbles can be very insecure.
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This is crazy and another attempt by a leftist college administration to control speech. This is a public community college and any one should be able to "solicit" their opinions. I wonder if they would do the same thing to a pro-abortion rally or other leftist cause. The funny thing is that this takes place in a fairly conservative location in the Chicago suburbs.
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Papers, we don't need no stinking papers - Yeah you do.
Glen Ellyn residence so here's my take -
I look at this as a matter of maintaining a safe campus and in allocating their police personal and resources where needed. The permit is part of that process. The school had a big falling out with the local village, Glen Ellyn, due to mounting fines for safety violations and building permits. Due to the legal settlement reached Glen Ellyn LEO's are now 3rd tier response after the college's own LEO's and DuPage County LEO's.
As to it being an attempt to silence the right wing. I do not see this as a liberal attack by college administrators as the College was a stop on Mitt Romney's campaign trail. This area is very, very conservative. If there was any evidence of this the school would have found itself riddled with litigation.
http://chicagoist.com/2008/02/04/mitt_romney_vis.php
Glen Ellyn residence so here's my take -
I look at this as a matter of maintaining a safe campus and in allocating their police personal and resources where needed. The permit is part of that process. The school had a big falling out with the local village, Glen Ellyn, due to mounting fines for safety violations and building permits. Due to the legal settlement reached Glen Ellyn LEO's are now 3rd tier response after the college's own LEO's and DuPage County LEO's.
As to it being an attempt to silence the right wing. I do not see this as a liberal attack by college administrators as the College was a stop on Mitt Romney's campaign trail. This area is very, very conservative. If there was any evidence of this the school would have found itself riddled with litigation.
http://chicagoist.com/2008/02/04/mitt_romney_vis.php
Mitt Romney Visits DuPage County
While John McCain spent Super Bowl Sunday in Massachusetts, Mitt Romney made
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