The Michigan Daily - michigandaily.com
POLICY
From Page 1A
ingAngell, Haven and Mason Halls,
the Modern Languages Building
and the Chemistry Building - are
LSA buildings, and would be affect-
ed if the policy were implemented.
Bob Johnston, director of the
LSA Facilities and Operations
Office, said the new policy was cre-
ated in part to limit the amount of
loose papers scattered on the floors
of LSA buildings. He said students
could potentially slip on papers and
injure themselves, creating a pos-
sible liability for the University.
He also said the policy, which
was the product of about two years
of discussion with the University's
Office of the General Counsel, was
created so the LSA Facilities and
Operations Office could tell small-
er student publications that they
had fair and equal access to distri-
bution.
Johnston said the lack of a say-
ing where student publications
without their own racks could dis-
tribute their work in LSA buildings
meant a lot of publications had dif-
ficulties distributing their material
or found their work was being acci-
dentally thrown out.
"Our intent is to make sure these
publications who aren't estab-
lished, who don't have a venue, are
more fairly distributed," Johnston
said.
The policy, Johnston said, would
also help determine what was
really a student-created publica-
tion and what wasn't. He said stu-
dents often distribute material that
isn't student-created, but rather is
advertising for local businesses or
realty companies.
"Just because there's a student
involved doesn't mean that that's a
sanctioned student organization,"
Johnston said.
That means publications like
the Ann Arbor News' "Food, Fun
& Fitness" publication wouldn't be
allowed into any LSA building.
He added that LSA's Facili-
ties and Operations Office had
plans to place centralized racks
- like those found in the Michi-
gan Union Underground - in the
Modern Languages Building, the
Chemistry Building atrium and the
Haven Hall fishbowl to hold up to
30 different publications that don't
already have distribution racks.
Despite concerns that the pol-
icy could restrict students' free
speech, Johnston said the policy
wasn't created to censor the con-
tent of publications.
"My office isn't in the business of
restricting content, and LSA isn't in
the business of restricting content,
either," he said.
But Mike Hiestand, an attorney
with the Student Press Law Cen-
ter, a non-profit organization that
provides legal counsel for student
journalists, said the policy is dan-
gerously close to infringing on
students' free speech rights guar-
anteed by the First Amendment.
In many cases, Hiestand said,
student publication distribution
policies like LSA's are created to
address issues of excessive amounts
of papers on building floors.
If LSA can show that the sheer
bulk of discarded publications
could cause injuries and that the
distribution policy would prevent
that, then the policy should be
legal, he said.
"But often times what we see is
that they often stretch this power
to keep people safe in a way that
doesn't involve safety, but is really
trying to keep publications out,"
Hiestand said.
Maya Kobersy, an attorney in the
Office of the General Counsel at the
University who reviewed and edit-
ed the policy, said it didn't impinge
on students' free speech rights
because it falls under the "time,
place and manner" consideration
of the First Amendment, which
allows for content-neutral restric-
tions on certain kinds of speech.
Kobersy said the policy man-
dates that a student organization
or publication must be either over-
seen by the Board for Student Pub-
lications or recognized by MSA in
order to ensure every publication
distributed in an LSA building "is
really a student organization."
Thus, under the policy, it would
be the Board for Student Publica-
tions or MSA - not the LSA Facili-
ties and Operations Office - that
would oversee student organiza-
tions and publications and make
sure organizations and publica-
tions were following University
policies, she said.
Kobersy said none of policies
that student organizations or publi-
cations must adhere to involve con-
tent control, but instead make sure
that publications aren't recklessly
distributed in buildings in a way
that could disrupt the classroom
setting or clutter certain areas.
Will Creeley, the associate direc-
tor for legal and public advocacy
at the Foundation for Individual
Rights in Education, a campus free
speech watchdog group, said in an
e-mail message that the amount of
control the policy would have over
the distribution of student publica-
tions "goes to far greater lengths"
than at other universities.
Creeley cited the policy's appli-
cation process, limitation on distri-
bution opportunities per student
group each semester, regulation of
display racks, prohibition against
distribution attertaintimes ofyear,
and possibility of judicial sanction
by the Campus Student Judiciary
for policy violations as aspects of
the policy that are rarely seen at
other colleges or universities.
"As proposed, the policy would
subject student publications to
an arbitrary and opaque applica-
tion process, allowing administra-
tors entirely too much discretion
to control what publications are
allowed to reach the student body,"
Creeley said.
Andrew Grossman, the editor in
chief of The Michigan Daily, said
he was troubled by a clause in the
policy that restricts certain kinds
of content, like depictions of con-
sumption of alcohol or other drugs,
because those kinds of content
have nothing to do with students'
safety.
"The University appears to be
trying to keep out certain types of
content under the guise of safety,"
Grossman said.
He also said the policy's restric-
tions on when publications can
distribute would pose serious
problems for the Daily, which
begins publishing on the firstday of
classes and also publishes a weekly
magazine in the summer.
Grossman said he would be
reluctant to support any policythat
restricts the rights of campus pub-
lications to distribute.
Grossman, Office of Student
Publications General Manager
Sam Offen and other members of
the Board for Student Publications
will meet with representatives
from the LSA Facilities and Opera-
tions Office Wednesday to discuss
the policy.
The University of Iowa has a
similar policy which limits where
student publications can be distrib-
uted on campus, said Pete Recker,
circulation manager for the Daily
Iowan newspaper.
Indiana University, on the other
hand, has no policy regulating stu-
dent publication distribution, said
Rachel Knoble, circulation man-
ager at the Indiana Daily Student
newspaper.
One issue brought to light with
the creation of the distribution pol-
icy is whether LSA buildings are
public buildings that must comply
with the First Amendment or are
private buildings that aren't sub-
ject to free speech laws.
Although the University is a
public institution, Kobersy said
the University has the power to say
that certain buildings or spaces on
campus aren't public.
Only if a University building or
space is "clearly open" to members
of the public, like the Diag, will the
University deem it a public space,
Kobersy said.
Even then, she said, the Univer-
sity has the right to impose certain
"time, place and manner" regula-
tions on those spaces.
For example, the Diag can only
be used by MSA-recognized stu-
dent organizations or groups affili-
ated with a University department
between 8 a.m. and 7 p.m., and loud
speakers may not be used for events
between 12 and 1p.m.
But an LSA building like Haven
Hall - which, on the first floor, is
frequently used to display or dis-
tribute student fliers, posters and
publications - isn't a public build-
ing because it isn't open to public
all the time, Kobersy said.
Hiestand disagreed, saying the
University cannot designate an
entire building as "public" or not.
What a court will look for, he
said, is if there are certain areas in
a building, like a public area or stu-
dent commons, that allow for stu-
dent-based expressions of speech.
He said he thought those areas
would be considered "public,"
meaning the University couldn't
restrict free speech in those areas.
But whether a building is public
or not, the creation of a policy that
regulates students' free speech at
all contradicts what the University
stands for, Creeley said.
Implementation of the policy
would be "a worrisome develop-
ment at a university that not only
is bound by the First Amendment,
but also boasts of 'an especially
strong commitment to preserve
and protect freedom of thought
and expression' in its Fundamental
Tenets of Membership in the Uni-
versity Community," he said.
Monday, February 4, 2008 - 7A
HIP-HOP
From Page1A
someone come inyour house and
disrespect it."
Disrespect was a key element
in one aspect of the summit, as
summit organizers decided to
create a mobile museum that
included racist artifacts from
the Ku Klux Klan. The muse-
um - "Black History 101" - on
display in the Art Room of the
Union, also contained informa-
tion on black athletes, entertain-
ers and political figures.
Museum curator Khalid
el-Hakim said the decision to
include both positive and nega-
tive aspects of black culture was
intentional. el-Hakim said he
wanted to showcase all aspects
of black history - "the entire
black experience; not just the
racist stuff," he said.
For many students, Saturday
night's concert, which included
Kamikaze, rapper Marck Gon-
zales and LSA senior Danny
Brown, among others, was the
highlight of the conference.
The show featured politically
conscious rap music with lyrics
focused on socialissues like race,
poverty and the war in Iraq.
Students who attended said
they appreciated the honest
debate that took place at the
summit, and others said they
walked away more knowledge-
able about hip-hop culture than
before.
In an interview, Shamako
Noble, president and founder of
Hip Hop Congress, said students
can help themselves by learning
more about hip-hop culture. He
said that's what he's done with
his life.
"You feel energized when
you're doing something that
reaches in your soul," said
Noble.
the michigan
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For Monday, Feb. 4,2008
ARIES
(March 21 toApril 19)
For some reason, people will notice
you today. Be aware of this. You might
want to dress or act accordingly, because
the people who will notice you are par-
ents, bosses, teachers, VIPs and the
police. (Oops.)
TAURUS
(April 20 to May 20)
Be a tourist in your own town today.
Do something different. Go someplace
you've never been before. You want a
little adventure!
GEMINI
(May 21 to June 20)
Tie up loose details with insurance
matters, taxes, debt, inheritances or any-
thing having to do with shared property.
This whole month is a good time to fin-
ish things.
CANCER
(June 21to July 22)
Ex-partners are back on the scene for
many of you. You can handle this with
diplomacy and style. After all, living
well is the best revenge.
LEO
(July 23 to Aug. 22)
This is a good day to finish old busi-
ness at work or even a wrap up matters
that are related to your health. February
is an excellent time to finish things, as
opposed to beginning new things.
VIRGO
(Aug. 23to Sept. 22)
New flirtations might lift your spirits
today. Sports, activities with children,
the arts and show business also are areas
that might hold pleasant surprises.
LIBRA
(Sept. 23 to Oct. 22)
Family discussions might take an
interesting turn today. Or you might
introduce a new piece of technology or
electronics to your home. (Something's
different.)
SCORPIO
(Oct. 23 to Nov. 21)
Conversations with others are unpre-
dictable but interesting today. Be ready
for relatives to do somethingthat throws
you for a loop. (But it's a pleasant sur-
prise.)
SAGITTARIUS
(Nov. 22 to Dec. 21)
Many of you are tempted by impulse
buying, especially with computers or
electronics. However, unless you shop
very early in the morning, it's best to
wait until tomorrow.
CAPRICORN
(Dec. 22 to Jan. 19)
This is a happy-go-lucky day for you,
and it's definitely full of surprises. Don't
try to do too much. Things just as easily
can zig when they should zag.
AQUARIUS
(Jan. 20 to Feb. 18)
This is agood day for general contem-
plation, meditation and quietly ponder-
ing your options. It's not a good day to
make solid decisions. That's because
your mind will change very quickly.
PISCES
(Feb. 19 to March 20)
Schmooze with friends. Unexpected,
exciting new acquaintances are possible
today. Old friends might surprise you.
Be prepared for anything!
YOU BORN TODAY You're coura-
geous, modern and cutting-edge. You're
also unconventional! No one can predict
what you'll do. Your personality is both
amusing and alarming. You always work
toward far-ranging, distant goals
because you have your eye onthe future.
You getbored easily; therefore, you have
many hobbies. You have abundant
energy. This year you will learn some-
thing valuable. Study hard.
Birthdate of: Chogram Trungpa,
Tibetan Buddhist teacher and writer;
Kitaro, composer/musician; Rob
Corddry, comedian.
the perfect
Summer jeb
before
other students do!