New UW-Madison protest policy ‘clearly unconstitutional,’ free speech expert says
The University of Wisconsin-Madison’s new protest policy may be unconstitutional, a free speech and constitutional law expert told The Daily Cardinal Thursday.
UW-Madison updated its protest policy Wednesday to include restrictions on “expressive activity” within 25 feet of university facility entrances, size limitations for signs in buildings, specific sound amplification restrictions and restrictions on protest activity during select times on campus areas.
Although the policy isn’t trying to limit “individuals speaking directly to one another” such as conversation, free speech and constitutional law expert Howard Schweber said a conversation between friends, the distribution of newspapers or pamphlets, singing or wearing political merchandise could all be prohibited within 25 feet of UW-Madison facility entrances.
Schweber said the university limiting “expressive activity” within 25 feet of building entrances is “extremely problematic, clearly unconstitutional” and “begging to invite some judge to strike them down.”
UW-Madison defines “expressive activity” as activities protected by the First Amendment including “speech, lawful assembly, protesting, distributing literature and chalking” in its updated policy.
