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Utah colleges, universities to implement resolution on campus 'free expression'

Posted at 4:24 PM, Dec 01, 2023
and last updated 2023-12-01 19:58:32-05

SALT LAKE CITY — Utah's colleges and universities have agreed to adopt policies that foster "free expression" on campuses, ensuring a wide variety of viewpoints are heard.

The Utah System of Higher Education's board unanimously approved a resolution on Friday that encourages free speech and free expression among students, faculty and others — but demands that the institutions and those officially representing them remain neutral in their stances on hot button issues.

"The Board unequivocally upholds free speech and directs institutions to grant students and community members broad latitude to speak, write, listen, challenge and learn," board member Jon Cox said at a news conference following the vote.

The resolution basically colleges and universities in Utah must:

  • Maintain "institutional neutrality"
  • Protect a speaker’s right to free expression at approved events or venues on campus
  • Protect the safety of those participating in constitutionally protected speech on campus
  • Provide a process for an institution to publicly address, condemn, or prohibit expression or actions that violate the law
  • Protect and cultivate academic freedom
  • Introduce campus communities to diverse viewpoints
  • Establish a program designed to educate new students about the institution’s role as the marketplace of ideas; what constitutes protected speech

"It solves problems, but it also opens up additional conversations we’re going to have to address," Geoff Landward, the interim commissioner for the Utah System of Higher Education, told FOX 13 News. "We’re not hiding from the fact this is controversial."
The resolution appears to be in response to protests over controversial speakers and controversial events on campuses across the state. Governor Spencer Cox referenced that in his remarks at the news conference. He was joined by House Speaker Mike Schultz, R-Hooper, and Senate President J. Stuart Adams, R-Layton, signaling legislative support for the resolution.

"We will not, on our campuses in Utah, permit groups of students or students themselves from canceling other people and their views and their events," Gov. Cox said. "Protest if you must, protest if you want. That is fantastic. But you have to make space for others."

While the governor defended student rights to protest and speak out on campuses, he had pointed words for university presidents in the audience.

"I mean this with all the love in my heart, OK, when I say this: I do not care what your position is on Israel or Palestine. I do not care what your position is on Roe v. Wade and we do not need our institutions to take a position on those things," Gov. Cox told them.

University presidents did not speak at the news conference and some declined to comment to FOX 13 News about the proposed resolution. They were attending the Utah System of Higher Education Board meeting when the vote was cast. Utah State University President Betsy Cantwell spoke to the board about how the Logan-based university had recently adopted some initiatives to foster dialogue on campus. The University of Utah has maintained an FAQ on campus free speech issues.

But under the new university neutrality demand, can a university acknowledge LGBTQ+ Pride month? Can the institution say "Black Lives Matter?" Or can it even do a Native American land acknowledgment?

"No, they shouldn’t," House Speaker Mike Schultz, R-Hooper, told FOX 13 News. "That should be left up to the students. Institutions need to focus on our kids and educating our kids."

Asked specifically about those issues by FOX 13 News, Gov. Cox replied: "Less is definitely more in this space, for sure. Those are details that will continue to be discussed as we move forward."

To deal with those issues, the Utah System of Higher Education will establish a special commission comprised of First Amendment experts, university representatives and others to handle them on a case-by-case basis.

"How do we foster belonging? How do we foster that [students] feel welcome and safe versus are we endorsing a viewpoint over another. That’s difficult to do, we recognize that," Landward said.

Utah's colleges and universities have until June 1 to come up with policies on free expression on campus. But the resolution may have also been designed to get ahead of the Utah State Legislature, where several lawmakers were working on bills governing free speech on college campuses. The House Speaker acknowledged as much in an interview with FOX 13 News.

"It was coming, and I'd rather take the approach where we can work together to solve these issues," he said. "Than with a hammer to force these issues."

Read the resolution here: