Do free speech and academic freedom exist for Christian students?

Father David Epps's picture

At the University of Wisconsin, the concept of academic freedom and the right to free speech apparently does not exist for Christian students who happen to also be senior resident dorm assistants or RAs.

The Chicago Tribune reported, "Lance Steiger, a senior resident assistant at UW-Eau Claire, challenged the policy after a university administrator warned him in July and again in September that he could face discipline if he continued to hold Bible studies in his room. The official, associate housing director Deborah Newman, said Steiger's duty to encourage people to participate in the studies conflicted with his responsibility to create a welcoming environment for other students. She said he could attend Bible studies organized by others in his hall and lead the events elsewhere on campus."

For his part, Steiger contends that the room in which he lives is the place where he sleeps, eats, studies, entertains friends — in short, it is his home and he is entitled to the freedom to practice his faith, and to share his faith, in the privacy of his dwelling. To no one's surprise, the American Civil Liberties Union is supporting the university administration.

U.S. Rep. Mark Green, R-Wis., argues that such a policy supported by the University of Wisconsin violates other constitutional rights of the resident assistants. "You simply should not ask students to surrender their freedoms and their rights merely because they choose to be RAs, whether it be the right of freedom of worship ... or the right of freedom of speech," Green, a 2006 gubernatorial candidate, said. "To say that someone can't be an RA because they take a position or have a belief that somebody might find objectionable, you would essentially say that RAs can't write for student newspapers, they can't say things publicly, and that's wrong."

The state's attorney general declined to offer a legal opinion regarding the controversial University of Wisconsin-Eau Claire Bible-study ban last week. The office received requests from both the UW System and a delegation of 25 Republican legislators to weigh in on the matter.

This, however, is one legal fight Attorney General Peg Lautenschlager will sit out. "She has used her office to go after oil companies, hospitals and even other government agencies," the Chicago Tribune reported, "but she is declining to step into the debate over a University of Wisconsin-Eau Claire policy banning resident assistants from holding Bible studies in their dorms. By refusing to issue an opinion on the constitutionality of the policy, the Democrat avoids taking a position on a controversial issue as she gears up for a tough campaign for a second term as the state's top law enforcement official."

Deputy Attorney General Daniel Bach wrote, "As you may be aware, the United States Supreme Court has stated that a public university's regulation restricting speech must be necessary to serve a compelling state interest and narrowly tailored to achieve that purpose. At the same time, the Supreme Court has recognized that a public university may prohibit certain activities constituting speech if those activities substantively interfere with reasonable campus rules or the opportunity of other students to obtain an education."

So it would appear that the position of the UW president is that a college student serving as a RA who holds Bible studies in the privacy of his dorm room is somehow "interfering with the opportunity of other students to obtain an education." And that is occurring how exactly? Certainly the influence and authority of a RA is minimal and most college students have no difficulty declining invitations they do not wish to accept. As far as anyone can tell, the Bible studies were voluntary and no reports of kidnappings or of unwilling students being subjected to "Bible brainwashing" while they were locked in the RA's room.

And where is the "compelling interest" of the state? Who, except the ACLU, could possibly believe that such a step is "necessary?"
In the old days, one might have expected this kind of repressive policy at the University of Moscow — but at the University of Wisconsin? President Bush has sent over 100,000 troops to Iraq to ensure basic liberties such as free speech. Maybe he should consider sending soldiers to Eau Claire, Wisconsin.

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