The Bill Of Rights

Background: Originally published March 23, 2005. Lars Larson's short-lived invitation to speak at Southern Oregon University seemed a relevant topic for me to write about at the time.
I had recently had an ongoing discussion with S.O.U.'s top administrators concerning their refusal to release enrollment figures. S.O.U.'s President finally admitted to me in her office that they were in violation of Oregon Public Records laws, but they were going to withhold the records anyway.

     "Sure, I'll be happy to come talk at your First Amendment Forum (at S.O.U.), and I'm bringing my gun with me."
     If anyone else had uttered that statement, it would probably be perceived as a threat of violence against the campus. But coming from Lars Larson, a conservative radio talk-show host from Portland, that was simply his way of talking.
     There was one slight problem with the guest speaker's request. Oregon universities have a policy prohibiting law-abiding citizens with concealed weapons permits from bringing their firearms on to school property. Apparently, it's okay for criminals to bring concealed weapons on to campus, since there are no metal detectors to screen for firearms on campus.
     If he couldn't bring his gun, then Larson wasn't coming. S.O.U.'s annual First Amendment Forum would have to find another guest speaker. Nonetheless, the incident gave Larson plenty of ammunition to fire on his program, against the erosion of Second Amendment freedoms in Oregon.
     Personally, I found it ironic that S.O.U. would sponsor a First Amendment Forum, when university administrators sometimes refuse to comply with Oregon Public Record Law to release school enrollment figures upon request. Even though the Oregon Attorney General has clearly stated such information is public record available upon request.
     Then there was the time that I was doing a back-to-school story on the S.O.U. campus, when a bookstore worker asked me if I had obtained permission to take pictures and talk to students. No, the last time I checked, it was still legal in the United States for a reporter to gather information and freely question people in public gathering places, without any kind of prior restraint. EXCEPT for shopping malls (privately owned), K-12 schools, some courthouse corridors, airport terminals, and several dozen other First Amendment exemptions, on an exemptions list of places that seems to be growing each year.
     But I don't fault S.O.U. or other universities for those "minor" skirmishes with First Amendment freedoms. The public education system in general appears to have difficulty in "walking the walk" versus "talking the talk," when it comes to teaching young people about the fragile Bill of Rights.
     When I was news director at KCBY-TV in Coos Bay, a First Amendment controversy erupted at Brookings High School in 1999. A high school student (no relation to Lars Larson) apparently forgot and brought his hunting rifle on to campus, hanging on the gun rack in his pick-up. The school district suspended the student for violating the district's policy against firearms. A student reporter from the high school newspaper talked to the student, who wanted to be interviewed, and wrote a factual account that was published in the student newspaper.
     The district was upset because disciplinary action taken against students is confidential information. Administrators chided the faculty newspaper advisor for printing the information, despite the fact that the reporter had obtained the information on her own from the source, and had NOT obtained the information from the district's confidential records. The Brookings school district still believed the release of information made them vulnerable to a libel lawsuit.
     As a former Oakland school board member, I understand the district's position. Whenever a school board consults with an attorney, the attorney will always advise them to err on the side of caution. "When in doubt, don't say anything."
     As a journalism school graduate, I also understand the high school teacher's position. What kind of message do we send to students about the Bill of Rights and our First Amendment freedoms, when someone else can arbitrarily decide what is proper and not proper to print?
     As it turned out, the Brookings school board revised their policy. The principal, or other district administrator now has final approval over newspaper content, not the high school instructor teaching the course. Ironically, the instructor has more journalism training and experience in libel issues than does the administrator.
     For now, it seems the public will have to rely on colleges and universities, not high schools, to teach students practical knowledge about the Bill of Rights. But if you're attending the annual First Amendment Forum at S.O.U., don't bring your gun! And, don't bother asking how many students are enrolled in classes that term, until the university is ready to release that sensitive information.
     As for Lars Larson, he'll have fewer places to carry his gun in the future. It's already against the law for concealed weapons permits holders, who have passed extensive criminal background checks, to carry their guns on to school campuses, post offices, courthouses, airport terminals, some shopping malls, some hospitals, inside FCC-licensed facilities, to Friday night football games, and so on, and so on....