Lawsuit: Iowa State University accused of violating free speech rights ahead of Iowa caucuses

A national nonprofit is suing Iowa State University and its administrators, alleging three of the school's policies violate the First Amendment by restricting free speech.

Speech First filed a lawsuit Thursday in federal court declaring unconstitutional the university's bans on sidewalk chalk messages; communication about campaigns and ballot issues through school-issued email; and the establishment of a Campus Climate Reporting System.

These policies "created a series of rules and regulations designed to restrain, deter, suppress and punish speech concerning political and social issues of public concern," according to the lawsuit by the D.C.-based organization.

"The result is that all university students lose the opportunity to challenge, debate and learn from the views and experiences of their classmates," the lawsuit continues.

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Speech First founder and president Nicole Neily told the Register that a number of ISU students approached her about the school's policies a few weeks ago, concerned in particular about the chalking ban, which was how they said many students learned about candidate events in town and on campus. 

Neily said ISU's policies are particularly alarming to her because of the timing with the fast-approaching Iowa caucuses, which she called an "intrinsic part of life on campus there every four years." 

“Iowa State University does not punish individuals for their constitutionally protected rights to expression, nor do we have policies or practices that prohibit expression based on the content of the expression or the viewpoint of the speaker," Iowa State University President Wendy Wintersteen said in a statement Saturday.

Wintersteen said the campus recently "experienced bigoted, hateful, racist and anti-Semitic messaging that, while protected by the First Amendment, is also hurtful and harmful to many students.”

“Iowa State University also takes seriously its obligation mandated by federal law to create and maintain a campus that is free from illegal discrimination and harassment," Wintersteen wrote. "Iowa State University will continue to champion the First Amendment in our efforts to create a campus where all individuals and ideas are welcome and included.”

Speech First also filed a motion for preliminary injunction asking a judge to bar enforcement of the chalking policy, email policy and the CCRS ahead of the Feb. 3 caucus.

Speech First has also filed similar lawsuits against the University of Michigan, University of Texas and University of Texas. So far, only the Michigan case has been settled. 

Sidewalk chalking

The university in November placed a temporary ban on chalking, restricting any messages to registered student organizations wishing to leave information about campus-wide events on sidewalks.

Unauthorized displays will be removed by the university and those responsible for its placement will be billed for its cleanup, according to the university's posting and advertising policy.

University officials in the November statement said they implemented the interim policy because of an increase in chalking over the years and hoped to figure out a permanent policy in the future.

This change also came after trans-phobic and neo-Nazi messages found in chalk around ISU's campus the previous month led to campus protests by a group called "Students Against Racism."

"This chalking policy was instituted to quell 'offensive' and political speech," according to the lawsuit, which accuses university officials of taking "extreme measures" in reacting to the chalking and protesters by also banning political speech ahead of the 2020 elections. 

The lawsuit cites an unnamed ISU student who told Speech First that he would have chalked "Vote Trump" and "Joni 2020" if not for the ban.

IT resources policy

According to ISU's Acceptable Use of Information Technology Resources Policy, students cannot send "email from a university account to solicit support for a candidate or ballot measure, or otherwise using email systems in a concerted effort to support a candidate or ballot measure."

Students who violate the policy could be issued a warning or have their account privileges suspended, according to the policy.

"While (the policy) apparently allows students on campus to send emails opposing candidates and ballot measures, as well as emails about political issues not tied to a person or an issue on the ballot, the policy forbids students on campus from using email to garner support for people and policies when it matters most — election season," the suit reads.

Campus Climate Reporting System

About two years ago, ISU brought together a group of faculty and staff to create a Campus Climate Reporting System to respond to any incidents of bias, harassment, hate crimes or discrimination, according to the university.

"Yet the definition of 'bias incident' — the trigger for these consequences — encompasses wide swaths of protected expression," the lawsuit reads. "The CCRS poses a grave risk of chilling the open and unfettered discourse that should be central to higher education." 

More than 100 "bias incidents" were reported to the CCRS in 2018, according to the lawsuit, which cited studies that point to bias response teams restricting students' and faculty members' free speech out of fear of retaliation. 

The suit cites a September 2019 incident in which an ISU professor was reported to the CCRS for not giving “push back … to get students to be more inclusive" after those in the classroom began arguing over the definition of "women's issues."

A student also told Speech First that he doesn't participate in counter-protests against anti-"build the wall" demonstrations because he's concerned he'll be reported to the CCRS.

"(The student's) views are deeply held, and he would like to debate them freely," the lawsuit reads.

Iowa's campus free speech law    

Iowa Gov. Kim Reynolds in March signed a new "free speech" law that requires the state's public universities and community colleges to adopt or refine their polices so that "the institution must strive to ensure the fullest degree of intellectual freedom and free expression."

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The law also designates outdoor areas on campus as public forums and provides: "That it is not the proper role of an institution of higher education to shield individuals from speech protected by the first amendment to the Constitution of the United States, which may include ideas and opinions the individual finds unwelcome, disagreeable or even offensive."

At the time of the bill's signing, Iowa State faculty senate president Peter Martin said he doesn’t expect to see many changes to how faculty operate.

"We always talk about the importance of free speech," Martin said. "This is what we do in academia."

Anna Spoerre covers crime and courts for the Des Moines Register. She can be contacted at aspoerre@dmreg.com, 515-284-8387 or on Twitter at @annaspoerre.

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