New dorm policy is simply asinine
November 14, 1996
On Nov. 8, the Iowa State Daily ran an article outlining a proposal that, if accepted, would allow students to post materials on the doors to their residence hall rooms.
The proposal would end a four-year ban on placing materials on dormitory doors.
According to the proposal, “materials found to be offensive to groups or individuals” can be removed via a one-fourth vote by house members.
“The offended resident must make a written complaint to the resident assistant or house president, who must inform the offending resident of the complaint.
“The offending material will be removed immediately, pending the house vote, which must occur within one week of the complaint.”
Materials may be found offensive if they “threaten or offend a particular group or person such that they have a concern for their personal safety; these may contain, but need not be limited to, a racist, sexist or homophobic message.”
Materials may also be considered offensive if they present any group or person in a demeaning fashion or encourage violence in the residence halls.
The Daily article about this proposal led with, “It’s one small step for doors, one giant leap for free speech.”
Sure it is — one giant leap right out the window.
The idea of having house members vote on what is and is not offensive completely contravenes the principle behind freedom of speech.
By protecting most forms of speech, the First Amendment promotes a “marketplace of ideas.” The marketplace of ideas cannot function if minority viewpoints are quashed.
Those viewpoints with which the majority disagrees are, by nature, those viewpoints that need the protection offered by the First Amendment.
It is only when all opinions have equal opportunity to be heard that an informed debate can be had.
Under the proposal, only a minority of votes, 25 percent, is needed to suppress someone’s opinion.
The one-quarter provision is even more ominous considering it is one-fourth of the voters present, not one-fourth of the total house members.
When I was an undergraduate, we were lucky to get eight residents to attend the house meetings. If my experience was the norm, this means that as few as two people could determine what is and what is not offensive.
In other words, the proposal makes students’ rights susceptible to the whims of a simple minority.
While majority rule has its problems, minority rule will leave the door policy in a perpetual state of instability and place a chilling effect upon expression in the residence halls.
The proposal also places substantial arbitrary judicial authority in the hands of people who may or may not understand the basic doctrines underlying free speech law.
If a student placed a “demeaning” editorial cartoon about a beloved public figure on his dorm door, would his fellow residents know enough about communication law to know the cartoon is protected speech?
I lived in the residence halls for three years. In all honesty, after watching the drunken stupidity with which many of my younger fellow dorm dwellers went through life, I cannot say I would feel that my legal rights would be in good hands.
This entire debate is asinine.
I cannot believe that at our ages we, students collectively engaged in the attainment of higher education, feel the need to threaten and ridicule other people based upon their races, genders or sexual orientations.
It is stupid to hate someone because of attributes over which they have no control. If you are going to hate someone, hate them for what they intentionally do, not whom they are.
On the other hand, the idea that we should prohibit speech we don’t like is a dangerous one.
It legitimizes hate speech by implying that we cannot provide an adequate rebuttal to it.
Political correctness is an escape for those who are unable or unwilling to handle the realities the world will throw at them.
Racism, sexism and homophobia are our reality. They can only be conquered if faced head on, not if hidden behind policies and procedures.
Theresa Wilson is a graduate student in political science at ISU and a law student at Drake University.