Officials at the University of Albany (SUNY-Albany) tried to shut down an off-campus coronavirus-themed party after student activists argued that it was “racist.” Now, First Amendment advocacy groups are speaking out about the university’s responsibility to uphold free speech.
According to a report by Campus Reform, the University of Albany publicly criticized a private off-campus party because of its coronavirus theme. The university took action after the Asian American Alliance student group complained that the event was “racist.”
“The theme of this party was distasteful and hurtful and is not representative of UAlbany or its nearly 18,000 students…It is critically important that we treat all people with dignity and respect,” the university said in a statement to a local newspaper. The university went onto say that they will investigate “[a]ny allegations of conduct violations will be investigated and addressed through the University’s disciplinary process…”
Now, First Amendment advocacy groups are coming out against the University of Albany’s decision to comment on the event. Nicole Neily, president of an organization called Speech First, argued that the University of Albany is flirting with a First Amendment violation by investigating the private event.
“SUNY-Albany is a state university, and they’re obligated to uphold the First Amendment… PERIOD,” Neily said. “They can’t censor or shut down speech — or force students to apologize! — simply because people’s feelings have been hurt.”
“Humor, satire, and parody have long been used to lighten a difficult situation or speak truth to power — yet today, to do so puts a target on your back. Today, offending others is the worst crime that can be committed in higher education… and in the eyes of administrators and students, it is a transgression that must be PUNISHED to send a message,” Neily added.
Adam Steinbaugh of the Foundation for Individual Rights in Education (FIRE) also criticized the university over its statement. Steinbaugh pointed out that public universities are not permitted to categorize speech as “offensive.”
“That act is expressive conduct protected by the First Amendment, even if others find it deeply offensive, racially offensive, or morbid. The act of hosting a party with a theme is itself expressive, and the First Amendment generally does not permit state actors — such as public universities — to make distinctions between whether expression is offensive or inoffensive,” Steinbaugh added.
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