Two unusual and explicit protests on Turlington Plaza have raised eyebrows this semester. First, the plaza was covered in gruesome and gory images of aborted fetuses and other such things as part of an anti-abortion protest. Not long after, anti-circumcision protesters swept through Turlington Plaza, carrying blunt signs like “Nobody wants less penis.” For many, these kinds of images and chants aren’t what they want to see and hear when they’re just trying to get to class on time. But not only are such protests legally protected, they are also necessary to encourage free speech and free expression on campus.
Turlington Plaza is usually seen as the worst offender in regard to annoying speakers and other types of people seeking to give out a message and with good reason. Until earlier this year, Turlington Plaza and Plaza of the Americas were designated as UF’s “free speech zones,” which were designated specifically for displays of free speech like protests and promotions. However, in March 2018, Gov. Rick Scott signed into law the Campus Free Expression Act as part of the Florida Excellence in Higher Education Act of 2018, which banned the so-called free speech zones on college campuses and opened up other outdoor areas to student protests and expression. While pamphlets can now be passed out and signs displayed on other parts of campus, Turlington Plaza remains the center for such activity.
However, beyond the legal aspect, there is value in having these kinds of protests. As a university, and especially as a publicly funded university, UF should be open to free expression and other uses of the First Amendment. This school should always be open to different viewpoints and allowing each of those different viewpoints a chance to present their argument. And this goes both ways too: When white nationalist Richard Spencer came to speak at UF last year, he had the right to do so and express his opinion, just as the mass of protestors who shouted Spencer down and forced him to end his speech 25 minutes early had a right to express their opinion. Freedom of speech also means freedom for people to respond to your speech with their own speech.
Speech isn’t and shouldn’t be unrestricted, however. In case this wasn’t obvious, speech and counter-speech should never devolve into violence. Furthermore, speakers should never incite violence, harass and insult individual students, or disrupt university activity (such as interrupting class or preventing students from getting to where they need to go). Thankfully, most of that is covered by the Campus Free Expression Act, which recognized the limits of free speech while also expanding speech to other parts of campus. That said, one section of the law did raise concerns for me, and could become an issue should another Richard Spencer-like event happen at UF. One section of the act states that “Students, faculty, or staff … may not materially disrupt previously scheduled or reserved activities on campus occurring at the same time,” with those that do being subject to a lawsuit and possible damages. While preventing university officials from blocking a person’s right to free speech is completely justified, preventing students and faculty from "disrupting" speech is not so justified. Again, free speech does not mean no one can respond to your speech, and I fear that if that law had been in place when Spencer came to UF, the students who shouted Spencer down could have led to Spencer and his group suing UF and winning damages for their speech being disrupted. That’s if those students would be allowed to shout at all. Kara Gross of the American Civil Liberties Union expressed fears that the bill would incentivize colleges and universities to shut down and block speech to avoid lawsuits if the protests are too loud. In the end, a balance needs to be achieved between free speech, university functions and the right to protest. Until then, we should use all the rights available to us to push for better legislation that would achieve that balance.
Jason Zappulla is a UF history junior. His column normally appears on Mondays.
