DES MOINES, Iowa (IOWA CAPITAL DISPATCH) – Iowa Attorney General Brenna Bird is leading a group of states in advocating for free speech on college campuses and calling on university leadership to not give into the “Assassin’s Veto,” according to a letter released Thursday.
The letter cautions college officials against stifling free speech and debate in the name of protecting it through unfair or disproportionate security measures and costs. This move comes after the Iowa Board of Regents directed public universities to quickly investigate and censure, up to job termination, employees alleged to have posted negative comments about right-wing influencer Charlie Kirk.
Kirk was shot and killed Sept. 10 at Utah Valley University during a public debate event.
“The tragedy of Charlie Kirk’s assassination is a sobering reminder that the right to free speech must be protected,” Bird said in a press release on the letter. “Charlie was murdered while debating on a university campus, a place where the free exchange of ideas should be encouraged; we cannot allow the actions of an assassin to stop free speech in any way. Colleges and universities must take steps to keep their students safe while preserving free discussion and open debate.”
Citing 1992 U.S. Supreme Court case Forsyth County v. Nationalist Movement, the letter stated requiring “exorbitant” security fees for certain groups or events based on the content or viewpoint expressed by the speech can go against the First Amendment.
The letter cited the University of New Mexico’s attempt in 2023 to impose security fees totaling more than $5,000 on Turning Point USA — co-founded by Kirk — for an event hosted by the organization where “conservative speaker” Riley Gaines was set to appear. A judge issued a preliminary injunction against the college for the fees, the letter stated.
University security policies must be transparent and nondiscriminatory, the letter stated, and security fees must be decided upon in a “content-neutral and viewpoint-neutral manner.” Facility use policies should follow these rules as well, and ensuring the safety of eventgoers and participants should be handled by the institution rather than act as a barrier for certain types of speech, it added.
If universities advertise themselves as being open for public speech and debate, placing more scrutiny and fees on conservative speakers and events — or refusing to host them altogether — while not doing the same for politically neutral or liberal speakers could also violate state Consumer Fraud Acts or Unfair and Deceptive Acts and Practices laws, the letter stated.
Bird was joined in signing the letter by attorney generals of 16 states, including Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Oklahoma, South Carolina, South Dakota, Texas, and Utah. Each of the state leaders will investigate any complaints relating to these topics made against universities, the letter stated.
“We trust that you will continue to take steps to keep your campuses safe,” the letter stated. “And we also trust that you won’t use safety as a pretext to silence debate, at a time when it is sorely needed.”
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