BY Benjamin ClarkFebruary 3, 2025
1 week ago
BY 
 | February 3, 2025
1 week ago

Georgia State revises free speech policy after legal challenge

Georgia State University has altered its free speech guidelines under legal pressure after initially expelling a Christian activist from its campus dining area.

Following a legal dispute, an agreement was struck allowing Christian speaker Stephen Atkerson to discuss religion with interested students on campus, the College Fix reported.

Campus authorities confronted Stephen Atkerson last April while he engaged in a religious discussion with a student. The conversation, which started in an outdoor free speech zone, moved to a covered dining area due to rain, prompting intervention from campus officials.

After Atkerson and the student sought shelter to continue their discussion, a campus official and three armed police officers disrupted them. They ordered Atkerson to return to the designated free speech zone, despite the student’s invitation to stay.

With no other option, Atkerson left the premises, setting the stage for a legal challenge by First Liberty Institute, a legal organization dedicated to religious freedom issues.

Action by First Liberty Institute

In December, following the incident, First Liberty Institute took action by sending a formal letter to Georgia State University. The letter demanded a clear assurance that the university would allow Atkerson to speak freely when invited by students on campus.

The university accommodated the request by reaching an agreement that affirmed Atkerson’s right to engage in religious dialogues on campus grounds, as long as students invited him. This decision marked a significant shift in how the university handled external speakers and free speech.

“The University recognizes the First Amendment’s protections, which allow for the free exchange of ideas, even when those ideas are based in faith,” said Nate Kellum, Senior Counsel for First Liberty Institute. “Stephen is thrilled to continue his ministry to college students.”

Understanding Free Speech on Campus

The incident exposed ongoing tensions surrounding campus free speech zones, designated areas for expressing ideas that have sparked legal debates, especially when involving individuals unaffiliated with the institution.

Georgia State University’s Freedom of Expression policy generally permits external speakers to use specific areas during certain times but does not explicitly prohibit them from initiating conversations, as demonstrated in Atkerson’s case.

First Liberty’s appeal prompted legal adjustments that encourage a more inclusive interpretation of these guidelines, ensuring a balance between security concerns and the principle of free expression.

Legal Experts Weigh In

Legal experts have emphasized that universities can impose restrictions on non-affiliates for security reasons, but such regulations must remain viewpoint-neutral and reasonable. Laura Beltz, director of policy reform at the Foundation for Individual Rights and Expression, highlighted this point.

“A college may prohibit unaffiliated individuals from entering campus buildings due to security concerns or limit their access more than affiliates, but a regulation that completely bans them from expressive activities would likely not hold up legally,” Beltz explained, adding that such cases help define the legal boundaries of free speech.

“The challenge to Georgia State’s regulation could clarify where these lines are drawn,” Beltz concluded, underscoring the potential for broader legal implications beyond this incident.

Future Implications for Campus Speech

The resolution between First Liberty Institute and Georgia State University not only reinstates Atkerson’s ability to carry on his conversations about faith but also sets a precedent for how free speech issues might be approached more broadly in educational settings.

The outcome might prompt other universities to reevaluate their policies to ensure they are in alignment with First Amendment rights while considering the safety and educational purpose of their environments.

Going forward, this case could serve as a referential point for future discussions and legal challenges regarding free speech in academic contexts, particularly affecting how external individuals interact with university communities.

Written by: Benjamin Clark

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