Louisiana’s Liz Murrill and 16 other Republican state attorneys general have signed a letter to college administrators warning them not to impose a “tax on free speech” by asking student organizations to pay high security fees for controversial speakers.
The letter, led by Iowa Attorney General Brenna Bird, said that in the wake of the shooting death of ultra-conservative activist Charlie Kirk at Utah Valley University earlier this month, reports have circulated that colleges have used his death as justification to shut down free speech with exorbitant security fees. The letter did not cite any specific examples.
The attorneys general referred to prohibitive security fees as the “assassin’s veto,” a play on the “heckler’s veto,” a phenomenon in which a controversial speaker’s right to free speech is curtailed by an overwhelming negative response.
“We trust that you will continue to take steps to keep your campuses safe,” the attorneys general wrote. “And we also trust that you won’t use safety as a pretext to silence debate, at a time when it is sorely needed.”
Kirk, 31, was known for holding events at universities across the country where he engaged in debate with students. Though he was successful in mobilizing young people to support conservative causes, Kirk was a controversial figure for his often inflammatory comments about race, sexuality and religion. His events often sparked outrage from students with opposing viewpoints.
Kirk’s appearance at Utah Valley was the first stop on a tour that would have included an Oct. 27 visit to LSU. Turning Point USA, the conservative student organization Kirk founded, has announced the tour would go on without Kirk. The LSU stop will feature Gov. Jeff Landry and Allie Beth Stuckey, a conservative Christian podcaster.
Colleges and universities have at times struggled to balance their obligations to protect free speech with their duty to student safety. Universities often have small campus police departments that are stretched thin when high-profile, controversial speakers come to campus.
The AGs’ letter asks schools to confirm their facility use and security fee policies are viewpoint neutral and asks them to develop standards for applying fees.
“There should be clear protocols for event approval and protecting speakers, ensuring security is the responsibility of the institution rather than a financial barrier on disfavored speech,” the letter reads.
Courts have held that exorbitant security fees can violate the First Amendment of the U.S. Constitution, which guarantees a right to free speech. A fee is especially dubious if it’s applied based on the content of the speech.
For example, a federal judge last year blocked the University of New Mexico from requiring the school’s chapter of Turning Point to pay a $5,400 security fee to host a campus event featuring anti-transgender activist Riley Gaines.
The AGs warned in their letter they would investigate all complaints made to their offices alleging universities are curtailing speech.
Murrill and Bird were joined on the letter by Steve Marshall of Alabama, Stephen Cox of Alaska, Tim Griffin of Arkansas, James Utheimer of Florida, Chris Carr of Georgia, Todd Rokita of Indiana, Kris Kobach of Kansas, Andrew Bailey of Missouri, Austin Knudsen of Montana, Mike Hilgers of Nebraska, Gentner Drummond of Oklahoma, Alan Wilson of South Carolina, Marty Jackley of South Dakota, Ken Paxton of Texas and Derek Brown of Utah.